If, after notice and hearing, the Hearing Officer determines that the structure under consideration is an abandoned structure and in violation of this subchapter in accordance with the standards herein set forth, he or she shall state in writing his or her findings of fact in support of such determination, stating whether said abandoned structure is deteriorated or dilapidated, and shall issue and cause to be served upon the owner thereof an order:
(A) If the repair to correct unsafe conditions of said abandoned structure can be made at a reasonable cost in relation to the present value of the structure, the order shall require the owner, within a specified period of time, to repair such a structure so as to render it in compliance with the order of the Hearing Officer. Such order may also direct and require the owner to vacate and close the structure until the repairs have been made and/or the unsafe and dangerous character of such structure has been corrected. 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 necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an order allowing the town to make the repairs or cause the property to be vacated and closed.
(B) If the repair of said abandoned structure bringing it up to the standards described in the North Carolina State Building Code cannot be made at a reasonable cost of the present value of the structure, the order shall require the owner, within a specified period of time either to repair such structure so as to bring it into compliance with the standards described in the North Carolina State Building Code or to demolish and remove such structure. However, notwithstanding any other provision of law, if such abandoned structure is located in the historic district of the town and the historic district commission determines after a public hearing as provided by ordinance, that the abandoned structure is of particular significance or value toward maintaining the character of the district, and such abandoned structure has not been condemned as unsafe, the order may require that such abandoned structure be vacated and closed consistent with town codes.
(Ord. 09-119, passed 5-19-2009; Am. Ord. 09-126, passed 10-20-2009)