§ 91.27 ENFORCEMENT.

   (A)   The Ordinance Administrator shall enforce this subchapter. He or she may call upon other agencies as necessary to assist in enforcement of this subchapter.

   (B)   In addition, whenever the Administrator receives a complaint alleging a violation, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

   (C)   The owner, tenant, or occupant of any building or land or part thereof and agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this subchapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

   (D)   The following procedure shall apply upon discovery of a violation under this subchapter.

      (1)   If the Administrator finds that any provision of this subchapter is being violated, he or she shall send a warning citation to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.

      (2)   A warning citation shall be issued by the Ordinance Administrator giving the violator ten days to correct the violation. The violator may submit to the Ordinance Administrator a written request for extension of the order's specified time limit for correction of the violation. On determining that the request contains enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Ordinance Administrator may extend the time limit as reasonably necessary to allow timely correction of the violation.

      (3)   The warning citation shall establish the facts and state what action the Administrator intends to take if the violation is not corrected. Furthermore, the violator shall be informed of the method of appeal.

      (4)   Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this subchapter or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this section.

(Ord. passed 1-8-1990; Ord. passed 10-21-2002; Ord. passed 6-6-2014; Ord. passed 3-21-2022)

§ 91.28 EFFECTIVE DATE.

   This subchapter shall become effective 2-1-1990.

(Ord. passed 1-8-1990; Ord. passed 6-6-2014)

ABANDONED STRUCTURES

§ 91.35 PURPOSE; INTENT.

   It is hereby found that there exists within the county abandoned structures which the Board of Commissioners find to be hazardous to the health, safety and welfare of the residents of the county due to the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority granted by G.S. § 160A-441, it is the intent of this subchapter to provide for the repair, closing or demolition of any abandoned structures in accordance with the same provisions and procedures as are set forth by law for the repair, closing or demolition of dwellings unfit for human habitation.

Statutory reference:

Minimum housing standards; authority, see G.S. § 160A-441

§ 91.36 DUTIES OF COUNTY MANAGER OR DESIGNEE.

   The County Manager or the County Manager's designee is hereby designated as the county officer to enforce the provisions of this subchapter. It shall be the duty of the County Manager or designee:

   (A)   To locate abandoned structures within the county and determine which structures are in violation of this subchapter;

   (B)   To take action pursuant to this subchapter as may be necessary to provide for the repair, closing or demolition of structures;

   (C)   To keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this subchapter; and

   (D)   To perform other duties as may be prescribed herein or assigned to the officer by the Board of County Commissioners.

§ 91.37 POWERS OF COUNTY MANAGER OR DESIGNEE.

   The County Manager or designee is authorized to exercise powers as may be necessary to carry out the intent and the provisions of this subchapter including the following powers in addition to others herein granted:

   (A)   To investigate the condition of buildings within the county in order to determine which structures are abandoned and in violation of this subchapter;

   (B)   To enter upon premises for the purpose of making inspections;

   (C)   To administer oaths and affirmations, examine witnesses and receive evidence; and

   (D)   To designate other officers, agents and employees of the county as the officer deems necessary to carry out the provisions of this subchapter.

§ 91.38 STANDARDS FOR ENFORCEMENT.

   (A)   All residential and commercial structures within the county shall be deemed in violation of this subchapter whenever the structure constitutes a hazard to the health, safety or welfare of the citizens as a result of:

      (1)   The attraction of insects or rodents;

      (2)   Conditions creating a fire hazard;

      (3)   Dangerous conditions constituting a threat to children; and

      (4)   Frequent use by vagrants as living quarters in the absence of sanitary facilities.

   (B)   In making the preliminary determination of whether or not an abandoned structure is in violation of this subchapter, the County Manager or designee may, by way of illustration and not limitation, consider the presence or absence of the following conditions:

      (1)   Holes or cracks in the structure's floors, walls, ceilings or roof which might attract or admit rodents or insects, or become breeding places for rodents and insects;

      (2)   The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects;

      (3)   Violations of the current editions of the State Building Code, the National Electric Code, the State Plumbing Code or the State Fire Prevention Code, as adopted, which constitute a fire hazard in the structure;

      (4)   The collection of garbage, rubbish or combustible material which constitutes a fire hazard in the structure;

      (5)   The use of the structure or nearby grounds or facilities by children as a play area;

      (6)   Violations of the State Building Code which might result in danger to children using the structure or nearby grounds or facilities as a play area; and

      (7)   Repeated use of the structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating.

   (C)   Penalty. Violation of this section shall be subject to monetary fines and injunctive relief as provided in § 11.2 of the Lincoln County Unified Development Ordinance. A violation of this section shall not be punishable as a criminal offense pursuant to G.S. § 153A-123(b1).

(Ord. passed 3-21-2022; Ord. passed 11-6-2023)