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In addition to the conditions, acts or failures to act that constitute violations specified in this subchapter, it shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close or vacate and remove or demolish the same, upon order of the Inspector duly made and served as herein provided, within the time specified in the order. It shall be unlawful for the owner of any dwelling, with respect to which an order has been issued pursuant to § 150.23, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing, or vacation and removal or demolition.
(Ord. eff. 6-14-2010) Penalty, see § 150.99
The rewriting of this subchapter in part carries forth by reenactment some of the provisions of the existing Housing Code of the town and it is not intended to repeal but rather to reenact and continue in force the existing provisions so that all rights and liabilities that have been accrued are preserved and may be enforced. All provisions of the Housing Code which are not reenacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of the Housing Code in effect, which are now pending in any of the courts of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this subchapter, but shall be prosecuted to their finality the same as if this subchapter had not been adopted; and any and all violations of the existing chapter, prosecutions for which have not been instituted may be filed and prosecuted; and nothing in this subchapter shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending and/or which may have been instituted or prosecuted.
(Ord. eff. 6-14-2010)
REPAIR, CLOSING OR DEMOLITION OF ABANDONED STRUCTURES
It is hereby found that there exists within the town one or more abandoned structures which the Board of Commissioners of the town finds to be hazardous to the health, safety and welfare of the residents of the town due to the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority granted by G.S. § 160A-441, it is the intent of this subchapter to provide for the repair, closing or demolition of the abandoned structures in accordance with the same provisions and procedures as are set forth by law for the repair, closing or demolition of dwellings unfit for human habitation.
(Ord. eff. 4-24-1984)
(A) The Code Enforcement Officer is hereby designated as the town officer to enforce the provisions of this subchapter.
(B) It shall be the duty of the Code Enforcement Officer:
(1) To locate abandoned structures within the town and determine which structures are in violation of this subchapter;
(2) To take any action pursuant to this subchapter as may be necessary to provide for the repair, closing or demolition of the structure;
(3) To keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this subchapter; and
(4) To perform any other duties as may be prescribed herein or assigned to him or her by the Board of Commissioners of the town.
(Ord. eff. 4-24-1984; Ord. eff. 5-1-1989)
The Code Enforcement Officer is authorized to exercise any powers as may be necessary to carry out the intent and the provisions of this subchapter, including the following powers, in addition to others herein granted:
(A) To investigate the condition of buildings within the town in order to determine which structures are abandoned and in violation of this subchapter;
(B) To enter upon premises for purpose of making inspections;
(C) To administer oaths and affirmations, examine witnesses and receive evidence; and
(D) To designate other officers, agents and employees of the town as he or she deems necessary to carry out the provisions of this subchapter.
(Ord. eff. 4-24-1984; Ord. eff. 5-1-1989)
(A) Every abandoned structure within the town shall be deemed in violation of this subchapter whenever the structure constitutes a hazard to the health, safety or welfare of the town citizens as a result of:
(1) The attraction of insects or rodents;
(2) Conditions creating a fire hazard;
(3) Dangerous conditions constituting a threat to children; or
(4) Frequent use by vagrants as living quarters in the absence of sanitary facilities.
(B) In making the preliminary determination of whether or not an abandoned structure is in violation of this subchapter, the Code Enforcement Officer may, by way of illustration and not limitation, consider the presence or absence of the following conditions:
(1) Holes or cracks in the structure’s floors, walls, ceilings or roof which might attract or admit rodents and insects, or become breeding places for rodents and insects;
(2) The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects;
(3) Violations of the State Building Code, the State Electrical Code or the Fire Prevention Code which constitute a fire hazard in the structure;
(4) The collection of garbage, rubbish or combustible material which constitutes a fire hazard in the structure;
(5) The use of the structure or nearby grounds or facilities by children as a play area;
(6) Violations of the State Building Code which might result in danger to children using the structure or nearby grounds or facilities as a play area; and
(7) Repeated use of the structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating.
(Ord. eff. 4-24-1984; Ord. eff. 5-1-1989)
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