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Butner, NC Code of Ordinances
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§ 151.13 EJECTMENT.
   (A)   If any occupant fails to comply with an order to vacate a nonresidential building or structure, the public officer may cause a civil action to be filed in the name of the town to remove such occupant. The action to vacate the building or structure shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such nonresidential building or structure.
   (B)   The Clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. § 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the public officer produces a certified copy of an ordinance adopted by the Town Council pursuant to § 151.07(C) of this chapter authorizing the public officer to proceed to vacate the occupied building or structure, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed.
   (C)   The judgment ordering that the nonresidential building or structure be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. § 42-30. An appeal from any judgment entered under this section by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of such judgment may be stayed as provided in G.S. § 7A-227. An action to remove an occupant of a nonresidential building or structure who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the Town Council has ordered the public officer to proceed to exercise his or her duties under this chapter to vacate and close or remove and demolish the nonresidential building or structure.
(Prior Code, § 1713)
§ 151.14 LIS PENDENS.
   (A)   Pursuant to the authority granted in G.S. § 1-120.2, upon the issuance of a complaint and notice of hearing or order pursuant thereto (under the provisions of this chapter), the issuing officer may file in the office of the County Clerk of superior court a notice of lis pendens, with a copy of the complaint and notice of hearing attached thereto.
   (B)   From the date and time of the proper indexing of the same by the Clerk of superior court in accordance with the state’s general statutes, the complaint and notice of hearing or order (and all further orders entered in said proceeding) shall be binding upon the successors and/or assigns of the owners and parties in interest in the nonresidential building or structure. A copy of the notice of lis pendens shall be served upon the owners and parties in interest in the building or structure at the time of filing in accordance with applicable law.
   (C)   The notice of lis pendens shall remain in full force and effect until cancelled, which is authorized to be done by the Town Manager, Town Attorney, and the respective issuing officer (or his or her successor in office as such), upon full compliance with the order by the owner and upon the payment in full of any lien of the town by reason of actions of the town pursuant to said order; said persons are further authorized to subordinate the notice of lis pendens to a deed of trust thereafter upon reasonable assurances by the owner or the lending party that the loan proceeds will be escrowed or otherwise used in the repairs or other expenses incurred in fulfilling the matters to be done by the property owner to comply with the matters alleged in the complaint.
(Prior Code, § 1714)
§ 151.15 ALTERNATIVE REMEDIES.
   Neither this chapter nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise or to enforce this chapter by criminal process as authorized by G.S. § 14-4 and this chapter, and the enforcement of any remedy provided herein or in other ordinances or laws.
(Prior Code, § 1715)
§ 151.16 BOARD OF ADJUSTMENT TO HEAR APPEALS; APPEALS.
   (A)   Town Board of Adjustment to hear appeals. All appeals which may be taken from decisions or orders of the public officer pursuant to this chapter shall be heard and determined by the Town Board of Adjustment. As the appeals body, the Board of Adjustment, shall have the power to fix the times and places of its meetings to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.
   (B)   Appeals from orders of public officer.
      (1)   An appeal from any decision or order of the public officer may be taken by any person aggrieved thereby or by an officer, board, or commission of the town. Any appeal from the public officer shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the public officer and with the Board of Adjustment in care of the Town Clerk a notice of appeal, which shall specify the grounds upon which the appeal is based.
      (2)   Upon the filing of any notice of appeal, the public officer shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the public officer refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed.
      (3)   When an appeal is from a decision of the public officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board of Adjustment, unless the public officer certifies to the Board of Adjustment, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant) a suspension of his or her requirement would cause imminent peril to life or property.
      (4)   In that case, the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the public officer, by the Board of Adjustment or by a court of record upon petition made pursuant to G.S. § 160D-1208 and division (C) below.
   (C)   Petition to superior court. Any person aggrieved by an order issued by the public officer or a decision rendered by the Board of Adjustment may petition the superior court for an injunction restraining the public officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the public officer pending a final disposition of the cause. The petition shall be filed within 30 days after the issuance of the order or rendering of the decision. The rights of a person so aggrieved are governed by G.S. § 160D-1208.
(Prior Code, § 1716) (Ord. 22-01-02, passed 1-6-2022)
§ 151.17 CONFLICT WITH OTHER PROVISIONS.
   In the event any provision, standard, or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the citizens of the town shall prevail.
(Prior Code, § 1717)
§ 151.18 VIOLATIONS.
   (A)   It shall be unlawful for the owner of any nonresidential building or structure to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the public officer duly made and served in accordance with the provisions of this chapter, within the time specified in such order, and each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense.
   (B)   It shall be unlawful for the owner of any nonresidential building or structure, with respect to which an order has been issued pursuant to this chapter, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration, improvement, or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.
(Prior Code, § 1718) Penalty, see § 151.99
§ 151.99 PENALTY.
   (A)   Civil penalty. Any person in violation of any provision of this chapter shall be subject to a civil penalty in the amount of $200 per day of non-compliance from and after the date a citation is issued to such person until the property is brought into compliance with this chapter. The penalty may be recovered by the town in a civil action in the nature of a debt if the person who has been assessed a civil penalty does not pay the same within 30 days after first being cited by the public officer for a violation of this chapter. Penalties assessed for continuing violations constituting a separate and distinct offense may be aggregated and collected in one action.
   (B)   Misdemeanor; fine. Except as specifically set out herein to the contrary, the violation of this chapter is a Class 3 misdemeanor as set out in G.S. §§ 14-4 and 160A-175 to the extent the violation relates to an unsafe building. The maximum fine for a violation of this chapter is $500.
   (C)   Equitable relief; abatement. This chapter may be enforced by an appropriate equitable remedy issued from a court of competent jurisdiction as set out in G.S. § 160A-175. The town may apply to the appropriate division of the general court of justice for mandatory prohibitory injunction and an order of abatement commanding the defendant(s) to correct the unlawful condition upon, or cease the unlawful use of, the property.
   (D)   Continuing violation. Each day’s continuing violation of any provision of this chapter shall be a separate and distinct offense.
(Prior Code, § 1719) (Ord. 22-01-02, passed 1-6-2022)