§ 151.34  FAILURE TO COMPLY WITH ORDER OF INSPECTOR.
   (A)   In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Building Inspector to repair, alter, or improve or to vacate and close the same within the time specified therein, or if the owner of a dilapidated dwelling or dwelling unit shall fail to comply with an order of the Building inspector to repair, alter or improve or to remove or demolish the same within the time specified therein, the Building Inspector may submit to the Board of Commissioners at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order, directing the owner to comply with the order of the building inspector as authorized by G.S. § 160A-446(g).
   (B)   In rem remedy.
      (1)   If the owner of a dwelling or dwelling unit shall fail to comply with an order of the Building Inspector to repair, alter or improve the dwelling or dwelling unit to vacate and close the dwelling or dwelling unit, or shall fail to comply with an order to either repair, alter or improve the dwelling or dwelling unit or else to vacate and remove or demolish the same within the time specified in the order, and if injunctive relief has not been sought or has not been granted as provided in the preceding § 151.34(A); then the Building Inspector shall request the Board of Commissioners to order him or her by ordinance specifically describing the subject property to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or to cause the dwelling unit to be vacated and closed, or in the case of a dilapidated dwelling or dwelling unit, to remove or demolish the dwelling or dwelling unit. The Board of Commissioners, in ordering one of the aforesaid alternatives, shall order the specific action that will best effectuate the purposes of this Chapter.
      (2)   (a)   The ordinance may also order the Building Inspector to cause to be posted on the main entrance of any dwelling or dwelling unit that is ordered to be vacated and 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.”
         (b)   The occupation of a building so posted shall constitute a Class I misdemeanor.
      (3)   Each ordinance so adopted shall be recorded in the office of the Register of Deeds of the county, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. § 160A-443(5).
      (4)   If the Board of Commissioners shall have adopted an ordinance, or the Building Inspector shall have issued an order, ordering a dwelling or dwelling unit to be repaired or vacated and closed as provided in this chapter, and if the owner has vacated and closed the swelling and kept pursuant to the ordinance or order, then the Board of Commissioners shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling or dwelling unit in order to render it fit for human habitation and that the continuation of the dwelling or dwelling unit in its vacated and closed status would he inimical to the health, safety, morals and welfare of the municipality in that the dwelling or dwelling unit would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the Board of Commissioners may, after the expiration of the one-year period enact an ordinance and serve the ordinance on the owner setting forth the following:
         (a)   If it is determined that the repair of the dwelling or dwelling unit 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 section shall require that the owner either repair or demolish and remove the dwelling or dwelling unit within 90 days.
         (b)   If it is determined that the repair of the dwelling or dwelling unit 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 or dwelling unit within 90 days.
         (c)   This chapter shall be recorded in the Office of the Register of Deeds of County and shall be indexed in the name of the property owner in the grantor index as provided by G.S. § 160A-443(5a). If the owner fails to comply with this section, the Building Inspector shall effectuate the purpose of the ordinances.
      (5)   If any occupant fails to comply with an order to vacate a dwelling or dwelling unit, the Building Inspector may file a civil action in the name of the town to remove the occupant. The action shall be filed and conducted in accordance with the provisions of G.S. § 160A-443(7).
(Prior Code, § 151.34)