(A) If, after the notice and hearing, the Inspector determines that the dwelling under consideration is unfit for human habitation, the Inspector shall state in writing the Inspector’s findings of fact in support of the determination, and shall issue and cause to be served upon the owner thereof an order:
(1) If the repair, alteration or improvement of the dwelling or building can be made at a cost of not more than 50% of the value of the dwelling, the order shall require the owner, within the time specified therein, to repair, alter or improve the dwelling so as to render it fit for human habitation; or
(2) If the repair, alteration or improvement of the dwelling cannot be made at a cost equal to or less than 50% of the value of the dwelling, the order shall require the owner, within the time specified, to remove or demolish the building.
(Prior Code, § 4-157)
(3) In emergency cases, where it reasonably appears there is immediate danger to life or safety of any person or to the safety of other property, unless a dwelling or building as herein described is immediately repaired or demolished, the Inspector shall cause immediate repair or demolition of the dwelling or building, and the cost of the repair or demolition shall be recovered and collected as is provided in section § 152.07.
(B) (1) If the owner of any building declared to be unfit for human habitation shall fail to comply with the order described in division (A)(1) above, the Inspector may cause the building to be repaired, altered or improved, or to be vacated and closed. In that event, the Inspector may cause to be posted on the main entrance thereof a placard with the following words: “THIS BUILDING IS UNFIT FOR HUMAN HABITATION; THE USE OR OCCUPATION OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED AND UNLAWFUL.” Occupation of a building so posted shall constitute a misdemeanor.
(2) If the owner fails to comply with the order described in division (A)(2) above, the Inspector may cause the building to be removed or demolished.
(3) The duties of the Inspector set forth in division (B)(2) above shall not be exercised until the governing body shall have by ordinance ordered the Inspector to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the Inspector shall have found to be unfit for human habitation, which property or properties shall be described in the ordinance. No ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with this chapter. The ordinance shall be recorded in the office of the County Register of Deeds in the county in which the land is situated, and shall be indexed in the name of the property owner in the grantor index.
(Prior Code, § 4-158) (Ord. 19-22, passed 12-17-2019)
Statutory reference:
Similar state law, see G.S. § 160A-443(5)