(A) Failure to comply. It shall be unlawful for the owner of any building to fail, neglect, or refuse to repair, alter, or improve the same, or to fail, neglect or refuse to vacate and close or vacate and demolish and remove the same, upon order of the Officer duly made and served as herein provided, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues past the time for compliance specified therein shall constitute a separate and distinct offense.
(B) No occupancy upon order. It shall be unlawful for the owner of any building, with respect to which an order has been issued pursuant to subsection 8-157(d) of this article, to occupy or permit the occupancy of the same after the time prescribed in such order for its vacation. Each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense. It shall also be unlawful for any occupancy other than owner to occupy a building to which an order has been issued pursuant to subsection 8-157(d) of this article. This shall constitute an offense charged against the occupant, separate and distinct from any offense by the owner. Each day that such occupancy by a non-owner continues after such prescribed time shall constitute a separate and distinct offense.
(C) Civil offense. Unless specifically provided otherwise, violation of this article shall be a civil offense. If an owner fails to comply with an order to repair, alter or improve or to vacate and close, or to vacate and demolish and remove any unsafe building, any one, all, or combination of the enforcement actions authorized by law may be taken, including those set forth herein.
(1) Civil penalty for owner. If the owner of any unsafe building shall fail to comply with an order of the Officer to repair, alter, or improve or to vacate and close or vacate and demolish and remove the same within the time specified therein, or if any building is occupied in violation of this article or any valid order or decision of the Officer or Board of Commissioners made pursuant to this article, the owner shall be subject to a civil penalty of $100 for the first day following the expiration of such order or following a determination that an unsafe building has been reoccupied in violation of this section, as the case may be. In each instance, a penalty of $100 per day shall be imposed for each subsequent day that the order remains unsatisfied or the unsafe building remains occupied in violation of an order. If an owner fails to pay the civil penalty within 10 days after being notified of the amount due, the town may recover the civil penalty together with all costs by filing 1 or more civil actions in the general court of justice in the nature of a suit to collect a debt. The Town Attorney is hereby authorized to file suit on behalf of the town to collect any civil penalties, and the Town Manager is hereby authorized to verify and sign complaints on behalf of the town in such suits.
(2) Civil penalty for non-owner occupant. In addition to the owner's fines set forth in division (C)(1) above, if a non-owner occupant of any unsafe building shall fail to comply with an order of the Officer to vacate the building within the time specified in the order, the occupant shall be subject to a civil penalty of $100 for the first day following the expiration of such order or following a determination that an unsafe building has been reoccupied in violation of this section, as the case may be. In each instance, a penalty of $100 per day shall be imposed for each subsequent day that the unsafe building remains occupied in violation of an order. If a non-owner occupant fails to pay the civil penalty within 10 days after being notified of the amount due, the town may recover the civil penalty together with all costs by filing 1 or more civil actions in the general court of justice in the nature of a suit to collect a debt. The Town Attorney is hereby authorized to file suit on behalf of the town to collect any civil penalties, and the Town Manager is hereby authorized to verify and sign complaints on behalf of the town in such suits.
(D) Administrative fee. The property owner may be assessed any costs incurred in obtaining service including legal publication of notice of complaint charges, hearing notice and findings of fact and orders related to the building.
(E) Enforcement of order. If the owner of any unsafe building shall fail to comply with an order of the Officer to repair, alter, or improve or to vacate and close the same within the time specified therein, or if the owner of any unsafe building shall fail to comply with an order of the Officer to demolish and remove the same within the time specified therein, or if any building is erected, constructed, altered, repaired, converted, maintained, or used in violation of this article or any valid order or decision of the Officer or Board of Commissioners made pursuant to this article, and court ordered relief has not been sought or has not been granted as provided in Section 8-160 of this Article, the Officer may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use of a building in violation of this article or in any way inimical to the health and safety of the town’s citizens; to correct or abate the violation; to prevent the occupancy of the building; or for any other purpose authorized by G.S. § 160A-432 and other law. Such action shall include repairing, altering, improving, vacating, closing or demolishing and removing the building, as required by the order. Before repairing, altering, improving, vacating, closing or demolishing and removing the building, the Officer must take the following additional steps.
(1) Enforcement action pursuant to ordinance. The Officer must submit to the Board of Commissioners for adoption a resolution describing the building and ordering the Officer to proceed to effectuate the purpose of this article with respect to the particular building which the Officer found to be unsafe. Such resolution 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. The Officer must affix a copy of the resolution on the unsafe building, and also a notice stating: "This building is unsafe and unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Notwithstanding any other provision of this article, in accordance with G.S. § 160A-431, occupation of a building so posted shall constitute a class 1 misdemeanor. If, after adoption of such resolution, any occupant fails to comply with an order to vacate the building, the Officer may file a civil action in the name of the town to remove such occupant without further notice regardless as to whether the occupant is also the owner of the building.
(2) Additional resolution 1 year later. If the Officer shall have issued an order ordering a building to be repaired or vacated and closed, and such building has remained unrepaired or vacated and closed for a period of 1 year, either by action of the owner as provided in subsection (b) above or following the adoption of a resolution by the Board of Commissioners pursuant to division (E)(1) above, then, if the Board of Commissioners shall find that the owner has abandoned the intent and purpose to repair, alter or improve the building in order to render it safe, and that the continuation of the building in its vacated and closed status would be inimical to the health, safety, morals and welfare of the town in that the building would continue to deteriorate, would create a fire and safety hazard, 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, or would render unavailable property and housing which might otherwise have been made available to ease the persistent shortage of decent and affordable housing, in such circumstances the Board of Commissioners may, after the expiration of such 1-year period, enact a resolution and serve such resolution on the owner requiring the owner to either repair or demolish and remove the building within 90 days. The town may also serve such resolution on any parties of interest. Such resolution shall be recorded in the office of the 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 resolution within the time fixed by such resolution, then the Officer shall effectuate the purpose of the resolution. The cost of such repairs, demolition or removal shall be a lien on the property pursuant to G.S. § 160A-432(b) and (b1).
(F) Other enforcement action. The failure of the owner to comply with an order issued by the Officer may also be enforced through any equitable or other remedy deemed appropriate by the town and permitted by law.
(Ord. 11-9, passed 9-12-2011)