§ 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)