Upon finding that dwelling conditions of the character described in § 90.50 exist within the town, this subchapter provides that:
(A) A public officer be designated or appointed to exercise the powers prescribed herein.
(B) Whenever a petition is filed with the public officer by a public authority, or by at least five residents of the town, charging that any dwelling is unfit for human habitation, or whenever it appears to the public officer (on his or her own initiative) that any dwelling is unfit for human habitation; the public officer, if his or her preliminary investigation discloses a basis for such charges, shall:
(1) Issue and cause to be served upon the owner of the subject property, and upon the parties in interest, a complaint stating the charges of how the dwelling is in violation of this subchapter;
(2) Provide notice that a hearing will be held before the public officer (or his or her designated agent) at a place within the town, not less than ten days before, nor more than 30 days after serving the complaint;
(3) Give the owners and parties in interest the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and
(4) Provide that the rules of evidence prevailing in courts of law or equity shall not be controlling in the hearing he or she conducts.
(C) If, after notice and hearing, the public officer determines that the subject dwelling is unfit for human habitation, he or she shall set forth in writing the findings of fact supporting that determination, and shall issue and cause to be served upon the owner thereof one of the two following orders, whichever is appropriate:
(1) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost not exceeding 50% of the then current value of the dwelling, an order requiring the owner, within the time specified, to repair, alter, or improve the dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the repairs, alterations, or improvements and the current state of the property. The order shall state that the failure to make timely repairs, as directed therein, shall make the dwelling subject to the issuance of an unfit order under division (D) hereof; or
(2) If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost not exceeding 50% of the then current value of the dwelling, an order requiring the owner, within the time specified in the order, to remove or demolish the dwelling.
(D) If an owner fails to comply with an order to repair, alter, improve, or vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered, improved or vacated and closed, and may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
Occupation of a building so posted shall constitute a misdemeanor. The duties of the public officer, as set forth in this division, shall not be exercised until the Town Board of Commissioners shall have, by ordinance, ordered the public officer to proceed with effectuating the purpose of this subchapter with respect to the subject property, which property shall be described in the ordinance. This ordinance shall be recorded in the Brunswick County Register of Deeds, and shall be indexed in the name of the property owner in the grantor index.
(E) If an owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause the dwelling to be removed or demolished. The duties of the public officer set forth in this division shall not be exercised until the Town Board of Commissioners shall have, by ordinance, ordered the public officer to proceed with effectuating the purpose of this subchapter with respect to the subject property, which property shall be described in the ordinance. This ordinance shall be recorded in the Brunswick County Register of Deeds, and shall be indexed in the name of the property owner in the grantor index. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code.
(F) If the dwelling has been vacated and closed for a period of one year, pursuant to an ordinance adopted under division (D) hereof, or after the public officer issues an order under this subchapter regarding a dwelling to be repaired or vacated and closed, the Town Board of Commissioners may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation, and that the continuation of the dwelling in its vacated and closed state is hazardous to public health, safety, and welfare in that the dwellingwill continue to deteriorate, result in fire and safety hazards, pose a threat to children and vagrants, possibly attract persons intent on criminal activities, and contribute to the deterioration of property values in the area, then the Town Board of Commissioners may, after the one year-period has expired, enact and serve on the owner an ordinance setting forth the following:
(1) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner to either repair or demolish and remove the dwelling within 90 days; or
(2) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.
The ordinance shall be recorded in the Brunswick County Register of Deeds, and shall be indexed in the name of the owner in the grantor index. If the owner fails to comply with the ordinance, then the public officer shall effectuate the purpose of this subchapter.
(G) The amount of the cost of repairs, alterations, or improvements to the dwelling or the costs of vacating and closing and/or removing or demolishing the dwelling that are incurred by the town 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 a lien for special assessments as set forth in G.S. Chapter 160A, Article 10. If the dwelling is removed or demolished by the public officer, he or she shall sell the materials of the dwelling, together with any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the public officer, secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by a final order or decree of the court.
(H) If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the town to remove the occupant as set forth in G.S. § 160D-1203(8).
(Ord. 23-8, passed 9-11-2023)