(A) If the Inspector declares a residential or nonresidential building or structure to be unsafe, the Inspector must affix a notice of the unsafe character of the structure to a conspicuous place on the exterior wall of the building. For purposes of this section, UNSAFE means dangerous to life because of liability to fire, bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes.
(B) If a person removes a notice that has been affixed to a building by a local inspector and that states the dangerous character of the building, he or she is guilty of a Class 1 misdemeanor.
(C) Immediately upon affixing the notice upon the structure, the Inspector shall send notice, in writing, by certified or registered mail, to the owner of and parties in interest to the structure, of the unsafe character of the structure, and request the owner take prompt corrective action to repair, alter and improve the dwelling.
(D) If the owner fails to take prompt corrective action within 30 days, the Inspector shall, by certified or registered mail to the last known address, or by personal service, give written notice:
(1) That the building or structure is in a condition that appears to meet one or more of the following conditions:
(a) Constitutes a fire or safety hazard;
(b) Is dangerous to life, health or other property;
(c) Is likely to cause or contribute to blight, disease, vagrancy or danger to children;
(d) Has a tendency to attract persons intent on criminal activities or other activities that would constitute a public nuisance.
(2) That a hearing will be held before the Inspector at a designated place and time, not later than ten days after the date of notice, at which time the owner is entitled to be heard in person or by counsel, and to present arguments and evidence pertaining to the matter; and
(3) That following the hearing, the Inspector may issue any order to repair, close, vacate or demolish the building that appears appropriate.
(E) If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the structure in question at least ten days before the day of the hearing, and a notice of the hearing is published in the local newspaper of general circulation at least once not later than one week before the hearing.
(F) If, at the hearing the Inspector finds that the building is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health or other property, he or she shall issue a written order, stating his or her findings of fact to support the determination, and directing the owner of the building to remedy the defective conditions by repairing, closing, vacating or demolishing the building, or taking other necessary steps, within such period, not less than 60 days, as the Inspector may prescribe; provided that, where the Inspector finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(G) An owner may appeal the Inspector’s order to the Board of Commissioners by giving written notice of appeal to the Inspector and Clerk to the Board of Commissioners within ten days following the day the order is issued. In the absence of an appeal, the Inspector’s order is final.
(H) The Board of Commissioners shall hear the appeal within a reasonable time. The notice of hearing shall be sent to the owner, in writing, by certified or registered mail, and posted on the outside of the structure in question. The hearing conducted shall be quasi-judicial. The Board of Commissioners may affirm, modify and affirm, or revoke the Inspector’s order.
(I) An owner may appeal the Board of Commissioner’s order in superior court within 30 days following the day the order is issued, and it will hear the matter on judicial review.
(J) If the owner fails to comply with the order from which no appeal has been taken, the county may initiate any appropriate action or proceeding to prevent, restrain, correct or abate the violation, or prevent occupancy of the building involved, including removing or demolishing the structure.
(K) The amounts incurred by the county in connection with the removal or demolition shall be a lien on the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments as provided in G.S. Chapter 153A, Article 9.
(L) If the building or structure is removed or demolished by the county, the county shall sell the usable materials of the building, and any personal property, fixtures, or appurtenances found in or attached to the building. The county shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the clerk of superior court of the county where the property is located, and shall be disbursed by the court to the person found to be entitled thereto by a final order or decree of the court.
(M) The amounts incurred by the county in connection with the removal or demolition shall also be a lien against any other real property owned by the owner of the building or structure and located within the county’s jurisdictional limits, except for the owner’s primary residence.
(N) Nothing in this section shall be construed to impair or limit the power of the county to define and declare nuisances, and to cause their removal or abatement by summary proceedings or otherwise.
(O) This section shall be interpreted to comply with the North Carolina General Statutes as it exists to apply to residential and nonresidential buildings, and as may be hereinafter amended.
(Ord. 2019-08-01, passed 9-9-19)