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(A) Preliminary investigation; notice; hearing. Whenever it appears to the public officer that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet minimum standards established herein, the public officer shall undertake a preliminary investigation.
(B) Complaint and hearing. If the preliminary investigation discloses evidence of a violation in the minimum standards, the public officer shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall state the charges and contain a notice that a hearing will be held before the public officer (or his or her designated agent) at a place within the corporate limits of the town scheduled not less than ten days nor more 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer.
(C) Procedure after hearing.
(1) If, after notice and hearing, the public officer determines that the nonresidential building or structure has been maintained in that the property meets the minimum standards established by this chapter, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof a copy of said determination.
(2) If, after notice and hearing, the public officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established in this chapter, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations set out in divisions (C)(3) and (C)(4) below and elsewhere in this chapter.
(3) An order may require the owner to repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by in this chapter or to vacate and close the nonresidential building or structure for any use until the nonresidential building or structure is brought into compliance with this chapter.
(4) An order may require the owner to remove or demolish the nonresidential building or structure if the cost of repair, alteration, or improvement of the building or structure would exceed 50% of its then current value.
(D) Failure to comply with order and ordinances.
(1) If the owner fails to comply with an order to repair, alter, or improve, or to vacate and close the nonresidential building or structure, the Town Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the nonresidential building or structure to be repaired, altered, or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any nonresidential building or structure so closed a placard with the following words: “This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful.” Any person who occupies or knowingly allows the occupancy of a nonresidential building or structure so posted shall be guilty of a Class 3 misdemeanor.
(2) If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the Town Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. No ordinance shall be adopted to require demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by the governing body. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the nonresidential building or structure to be removed or demolished.
(Prior Code, § 1707)
Notwithstanding any other provision of this chapter, if the nonresidential building or structure is a designated local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a district listed in the National Register of Historic Places and the Town Council determines, after a public hearing as provided by ordinance, that the nonresidential building or structure is of individual significance or contributes to maintain the character of the district, and the nonresidential building or structure has not been condemned as unsafe, the order may require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by the Town Council.
(Prior Code, § 1708)
An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.
(Prior Code, § 1709)
(A) If the Town Council has adopted an ordinance or the public officer has issued an order requiring the nonresidential building or structure to be repaired or vacated and closed and the building or structure has been vacated and closed for a period of two years pursuant to the ordinance or order, the Town Council may make findings that the owner has abandoned the intent and purpose to repair, alter, or improve the nonresidential building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the town in that it would continue to deteriorate, would create a fire safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area.
(B) Upon such findings, the Town Council may, after expiration of the two year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
(1) If the costs of repair of the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to 50% of its then current value, the ordinance shall require that the owner either repair or demolish and remove the nonresidential building or structure within 90 days; or
(2) If the costs of repair of the nonresidential building or structure to bring it into compliance with the minimum standards exceeds 50% of its then current value, the ordinance shall require the owner to demolish and remove the nonresidential building or structure within 90 days.
(C) In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before the Town Council may take action under this section. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner or in the grantor index. If the owner fails to comply with the ordinance, the public officer shall effectuate the purpose of the ordinance.
(Prior Code, § 1710)
(A) Complaints or orders issued by the public officer pursuant to this chapter shall be served upon persons either personally or by registered or certified mail so long as the means used are reasonably designed to achieve actual notice. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is refused, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
(B) If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the town at least once no later than the time at which personal service would be required under the provisions of this chapter. When service is made by publication, a notice of the pending proceeding shall be posted in a conspicuous place on the premises affected.
(Prior Code, § 1711)
(A) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Art. 10.
(B) The amount of the costs is also a lien on any other real property of the owner located within the corporate limits of the town, except for the owner’s primary residence. The additional lien provided in this section is inferior to all prior liens and shall be collected as a money judgment.
(C) If the nonresidential building or structure is removed or demolished by the public officer, he or she shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure, and shall credit the proceeds of the sale against the costs of the removal or demolition and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the Town Council to define and declare nuisances and to cause the removal or abatement by summary proceedings, or otherwise.
(Prior Code, § 1712)
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