(A) If the owner fails to comply with an order to repair the structure, the Hearing Officer may:
(1) Cause such structure to be repaired, and pending such repairs, may order such structure vacated and closed.
(2) Cause to be posted on the main entrance of any structure so closed, a placard with the following words: "Notice is hereby given that this building is in an unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; and may be dangerously infested with rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the Town of Fairmont."
(B) If the owner fails to comply with an order to remove or demolish the structure, the Inspector may:
(1) Cause such structure to be removed or demolished.
(2) Cause to be posted, pending removal or demolition, on the main entrance of any structure a placard with the following words: "Notice is hereby given that this building is in an unsafe and hazardous condition; may constitute a fire hazard by reasons of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally; and may be dangerously infested with rodents or insects. Said building has been condemned under the building laws of the State of North Carolina and the Town of Fairmont."
(C) The duties of the Hearing Officer set forth in divisions (A) and (B) shall not be exercised until the Town Commission, by ordinance, shall have ordered the Hearing Officer to proceed to effectuate the purpose of this subchapter with respect to the particular structure which the officer shall have found to be in violation of this subchapter. No such ordinance shall be adopted to require demolition of a structure until the owner has first been given a reasonable opportunity to bring it into conformity with this subchapter. Such ordinances shall be recorded in the Office of the Robeson County Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
(D) The amount of the cost of such repairs, alterations or improvements or vacating and closing, or demolition and removal by the Inspector shall be a lien against the real property upon which such cost was incurred; which lien shall be filed, have the same priority and be collected as provided by Article 10, §§ 160A-216 et seq., G.S. Chapter 160A. If the structure is demolished and removed by the town, it may sell the materials of such structure and shall credit the proceeds of such sale against the cost of the demolition and removal and any balance remaining shall be deposited in the superior court by the town, and shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court (in a special proceeding brought before the clerk of superior court for said purpose).
(E) Nothing in this section shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of the other remedies provided herein.
(F) Nothing in this section shall be construed to impair or limit in any way the power of the Codes Enforcement Officer or his or her designee in the proper enforcement of the duties of his or her office, as assigned, nor shall the enforcement of one remedy provided herein prevent the enforcement of other remedies provided, referenced or cited herein.
(Ord. 09-119, passed 5-19-2009)