(A) General. Pursuant to the authority granted by G.S. § 160D-1201(b), it is the intent of this section to provide for the restoration, closing or demolition of any abandoned structures in accordance with the same provisions and procedures set forth for the restoration, closing or demolition of dwellings unfit for human habitation. Section 152.01(F) applies to this section regarding the powers of the PEO.
(B) North Carolina Building Code and City of Goldsboro inspections. The North Carolina State Building Code, administered by the City of Goldsboro Inspections Department shall govern all restoration efforts for abandoned structures and valid permits are required for all work to be completed.
(C) Hazardous structures.
(1) Every abandoned structure within the City of Goldsboro shall be deemed in violation of this section whenever such structure constitutes a hazard to adjacent properties and to the health, safety, or welfare of the city's citizens as a result of:
(a) The attraction of insects, rodents, or other health hazards.
(b) Conditions conducive to creating a fire hazard.
(c) Dangerous conditions constituting a probable threat to adjacent properties, life, or limb.
(d) Presence of noticeable structural deterioration or dilapidation.
(e) Frequent use by persons, not residents, as living quarters in absence of sanitary facilities whether authorized or in trespass.
(D) Reports filed by Fire or Police Department. The employees of the Fire Department and/or the Police Department may make a report in writing to the PEO of each structure which they know or suspect to be an abandoned structure and dangerous within the scope of this chapter. Any such report, if made, shall be delivered to the PEO within 72 hours of the discovery of such structure by such employee. All identified violations of the Fire Prevention Code shall be certified to the Board of Adjustment by the Fire Chief or his designee.
(E) Inspection.
(1) The PEO is hereby authorized and directed to make inspections in compliance with this section approved by the City of Goldsboro City Council, to determine the condition of abandoned structures located within the city to perform the duty of safeguarding the health and safety of the general public and property. For the purposes of making such inspections, the PEO is authorized to enter, examine, and survey at all reasonable times all abandoned structures. The PEO shall make an inspection when a petition is filed with the PEO by a public authority or by at least five residents of the City of Goldsboro who are at least 18 years of age in accordance with G.S. § 160D-1203(2).
(2) When making the preliminary assessment of whether an abandoned structure is in violation of this chapter, the PEO may consider the presence or absence of the following conditions:
(a) Deterioration of the structure's foundation, floors, walls, ceilings, or roof which may be decayed or damaged to the extent that the structures strength or soundness are in question.
(b) Possible conditions constituting a fire hazard in such structure such as, by way of example and not limitation, the collection of garbage, rubbish, or other combustible material.
(c) Possible violations of the North Carolina State Building Code. (All determinations made by the PEO regarding this determination must be confirmed and certified by City of Goldsboro Inspections in writing.)
(d) The collection of unreasonable or excessive amounts of garbage or rubbish in or near the structure which may attract rodents and insects or become a breeding place for rodents or insects.
(e) The use of such abandoned structure or nearby grounds or facilities located upon the parcel in which the abandoned structure is located as grounds for persons to congregate or for any other use, such that the health or safety of such persons is endangered or if evidence of or criminal activity is taking place.
(f) The use of such abandoned structure by transients, vagrants, or other similar persons in the absence of sanitary facilities, which includes, but is not limited to, living, sleeping, cooking, or eating.
(F) Complaint and notice of administrative hearing.
(1) If the PEO preliminary investigation discloses violations of this chapter, he/she shall issue a complaint and cause it to be served upon the owner, operator, occupant, or parties of interest in the place of habitation.
(2) The complaint shall state the basis for the charges and contain a notice that an administrative hearing will be held before the PEO at a place stated in the notice, within ten to 30 days after service in accordance with G.S. § 160D-1203(2).
(3) The owner, operator, occupant, or parties of interest shall have the right to the following:
(a) Either correct the violation;
(b) File an answer to the complaint; and/or
(c) To appear in person, or otherwise, and give testimony at the hearing.
(4) The rules of evidence prevailing in courts of law shall not be controlling in administrative hearings before the PEO.
(G) Order issuance.
(1) General. If, after notice and an administrative hearing, the PEO determines that the structure under consideration is an abandoned structure, the officer shall state in writing findings of fact in support of that determination and shall issue cause to be served upon the owner one of the following orders, as appropriate.
(2) Deterioration.
(a) If the PEO finds deterioration (see definition) he/she shall issue and cause to be served upon the owner, operator, occupant, or parties of interest an order to alter, improve, and/or restore the non-residential structure to achieve compliance with this chapter, measures to achieve compliance shall be determined in the hearing.
(b) The order shall include a specified time not to exceed 90 days.
(c) The order may require the owner, operator, occupant, or parties of interest to vacate and close the non-residential structure until repairs have been made, the only access to the structure would be for making repairs to achieve compliance.
(d) The PEO may grant a one-time 90-day extension if the owner is able to provide good cause for granting an extension.
(3) Dilapidation.
(a) If the PEO finds dilapidation, he/she shall issue and cause to be served upon the owner, operator, occupant, or parties of interest an order to vacate and close the non-residential structure.
(b) The order shall require the non-residential structure to be removed or demolished within a specified time not to exceed 180 days.
(c) The PEO may grant a one-time 180-day extension if the owner is able to provide good cause for granting an extension.
(4) Structures within the Historic Overlay District.
(a) The exterior features of any building or structure (including walls, fences, light fixtures, steps, pavement, paths, or any other appurtenant feature), or any type of outdoor advertising sign either designated as a Historic Landmark or found to be within the boundary of the Historic Overlay District shall be preserved by the property owner against decay, deterioration, and dilapidation. For the purposes of this section, "property owner" shall include such other persons who may have interest, legal possession, custody, and/or control of the property.
(b) Structures within the Historic Overlay District are subject to enforcement outlined in divisions (G)(2) and (G)(3), depending on the condition of the structure.
(c) See § 152.05(H)(3) Demolition Approval.
(H) Failure to comply.
(1) General.
(a) The duties of the PEO established in divisions (H)(2), (H)(3) and (H)(4) shall not be exercised until the City of Goldsboro City Council shall have by ordinance ordered the PEO to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the PEO shall have found to be an abandoned structure.
(b) The property or properties shall be described in the ordinance.
(c) The ordinance shall be recorded in the Wayne County Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
(2) Repair, closing, and posting.
(a) If the owner, operator, occupant, or parties of interest fails to comply with an order to restore, alter, improve, or vacate and close the abandoned structure, then the PEO may cause the abandoned structure to be restored, altered, improved, or vacated and close the structure.
(b) The PEO may cause to be posted on the main entrance of any abandoned structure so closed with 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 or disrepair; may be hazardous or dangerous to persons who are members of the general public generally; and may be dangerously infested with rodents or insects."
(c) Use of a building so closed shall constitute a Class One misdemeanor.
(3) Demolition.
(a) If the owner, operator, occupant, or parties of interest fails to comply with an order to remove or demolish the abandoned structure, the PEO may cause such structure to be removed or demolished.
(b) No ordinance shall be adopted to require demolition of an abandoned structure until the owner has first been given a reasonable opportunity to bring it into conformity with the standards of this chapter and methods for compliance set forth by the PEO.
(4) Abandonment of intent to repair.
(a) If the abandoned structure has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to division (H)(2) (Repair, Closing, and Posting), or after the PEO issues an order, or proceedings have commenced under the substandard housing regulations regarding an abandoned structure to be restored or vacated and closed as provided in this chapter, then the City of Goldsboro City Council pursuant to G.S. §160D-1203(6) may find the following:
1. That the owner has abandoned the intent and purpose to restore, alter, or improve the structure;
2. That the continuation of the structure in its vacated and closed status would be inimical to the health, safety, and welfare of the City of Goldsboro in that the structure would:
a. Continue to deteriorate;
b. Would create a fire or safety hazard;
c. Would attract persons intent on criminal activities;
d. Would cause or contribute to blight or the deterioration of property values in the area; or
e. Would render unavailable property and a structure that might otherwise have been made available to serve the citizens of the City of Goldsboro.
(b) Then in such circumstances, the City of Goldsboro City Council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
1. If it is determined that the structure is deteriorated, the ordinance shall require that the owner either restore or demolish and remove the structure within 90 days.
2. If it is determined that the dwelling is dilapidated, the ordinance shall require the owner to demolish and remove the structure within 90 days.
(c) The ordinance shall be recorded in the Wayne County Register of Deeds and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the PEO shall effectuate the purpose of the ordinance.
(5) Liens.
(a) The amount of the cost of restorations, alterations, improvements, vacating and closing, or removal or demolition by the PEO shall be a lien against the real property upon which the cost was incurred.
1. The lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch.160A, Art. 10 and in accordance with G.S. § 160D-1203(7).
(b) If the dwelling is removed or demolished by the PEO, the City of Goldsboro shall sell the materials of the abandoned structure, and any personal property, fixtures, or appurtenances, found in or attached to the structure.
1. The proceeds of the sale shall credit against the cost of the removal or demolition, and any balance remaining shall be deposited in the Superior Court by the PEO.
2. It shall be secured in a manner directed by the Court and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
3. If the City of Goldsboro enters into a contract for demolition, the contractor shall verify by affidavit that the proceeds from sales of any salvaged materials, including personal property, fixtures, or appurtenances, have been credited against the cost of demolition.
(c) Nothing in this division shall be construed to impair or limit in any way the power of local government to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(6) Violations. It shall be unlawful for the owner, operator, occupant, or parties of interest of any structure to fail, neglect, or refuse to repair or to vacate and close and/or demolish and remove the same, upon order of the PEO duly made and served as herein provided, within the time specified in such order.
(7) Method of service.
(a) Complaints or orders issued by the PEO shall be served and parties of interest personally, or by registered or certified mail.
1. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after mailing.
2. If regular mail is used, a notice of the pending proceedings shall also be posted in a conspicuous place on the affected premises per G.S. § 160D-1206(a).
(b) If the whereabouts of such persons are unknown and cannot be ascertained by the PEO in the exercise of reasonable diligence, the PEO shall generate an affidavit to that effect. The PEO shall then serve the complaint or order by singular publication in a newspaper of general circulation within the City of Goldsboro. A notice of the pending proceedings shall also be posted in a conspicuous place on the affected premises per G.S. § 160D-1206(b).
(c) Failure on the part of any owner or party in interest to receive or have served upon him/her any complaint, notice, or order herein provided for shall not affect or invalidate the proceedings with respect to any other owner or party of interest, or any other person.
(I) Appeals.
(1) General.
(a) Any owner or party of interest who has received an order under this chapter may appeal from the order to the Board of Adjustment according to the procedure authorized by G.S. § 160D-1208(a).
(b) The appeal must be filed with the PEO and the Board of Adjustment within ten days following service of the order. The notice of appeal shall specify the grounds upon which the appeal is based.
(c) Upon the filing of a notice of appeal, the PEO shall provide the Board all documents constituting the record upon which the decision appealed from was made.
(2) Appeal of a decision.
(a) When an appeal is from a decision of the PEO refusing to allow the person aggrieved thereby to do any act, his/her decision shall remain in effect until modified or reversed.
(b) When an appeal is from a decision of the PEO requiring a person to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the PEO certifies to the Board that a suspension of the requirement would cause imminent peril to life or property.
1. In that case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one days written notice to the PEO, by the Board, or by a court of record upon petition made pursuant to G.S. § 160D-1208(a).
(3) Board of Adjustment.
(a) The Board of Adjustment shall fix a reasonable time for hearing appeals, shall give due notice to the parties, and shall render its decision within a reasonable time. Any party may appear in person, by agent, or by attorney.
(b) The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter.
(c) The Board shall have all the powers of the PEO, but the concurring vote of four members shall be necessary to reverse or modify any decision or order of the PEO, in accordance with G.S. § 160D-1208(b).
(d) Every appellate decision of the Board of Adjustment shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(e) Any person aggrieved by a decision rendered by the Board of Adjustment may also petition the Superior Court for a temporary injunction restraining the PEO from carrying out the decision, pending a final disposition of the cause. The petition shall be filed within 30 days of the issuance of the Board's decision or order in accordance with G.S. § 160D-1208(d).
(J) Penalty.
(1) It shall be unlawful for the owner to use an abandoned structure which has been posted with the notices authorized in division (H)(2), after the time prescribed in the notice for the vacation of said structure. Each day's use after said date shall be a separate and distinct offense.
(2) If any person shall violate any provision of this chapter, he shall be guilty of a misdemeanor and shall be punished as provided by law.
(3) Any owner of an abandoned structure who fails to comply with an order to repair, vacate and close or demolish any abandoned structure determined to be unfit, or who allows for an abandoned structure to be occupied, shall be subject to a civil penalty of $500 for the first day following the expiration of an order to restore, vacate and close or demolish an abandoned structure or following a determination that an abandoned structure is being used, in each instance, a penalty of $100 per day shall be imposed for each subsequent day that the abandoned structure remains in violation of an order issued. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the city may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(4) Any owner of an abandoned structure who fails to comply with an order to restore, vacate and close, or demolish said abandoned structure or who permits the use of a structure designated as such in division (3) shall on the second offense occurring within one year be subject to an additional civil penalty of $1,000 for the first day following the expiration of the order to restore, vacate and close or demolish said structure or the unlawful use of the abandoned structure. In each instance, a penalty of $250 per day shall be imposed for each subsequent day that the abandoned structure remains in violation of the order or remains unlawfully used. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the city may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(5) Any owner of an abandoned structure who fails to comply with an order to restore, vacate and close or demolish any structure determined to be an abandoned structure shall be subject to an additional civil penalty of $1,000 for the first day following the effective date of a City Council ordinance declaring said structure to be unfit for use or ordering it to be restored or demolished. In each instance, a penalty of $250 per day shall be imposed for each subsequent day that the abandoned structure remains in violation of the ordinance or remains unlawfully used. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the city may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(Ord. 2023-9, passed 3-20-23)