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§ 151.10 ACTION BY TOWN COUNCIL UPON ABANDONMENT OF INTENT TO REPAIR.
   (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)
§ 151.11 METHODS OF SERVICE OF COMPLAINTS AND ORDERS.
   (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)
§ 151.12 COSTS; A LIEN ON PREMISES.
   (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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