Loading...
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
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.
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.
(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)
(A) Preliminary investigation; notice hearing. Whenever a petition is filed with the County Manager or designee by at least five residents of the county, charging that any structure exists in violation of this subchapter, or whenever it appears to the County Manager or designee, upon inspection, that any structure exists in violation hereof, the officer shall, if the officer's preliminary investigation discloses a basis for the charges, issue a cause to be served upon the owner of the structure, and any other parties in interest in the structure, a complaint stating the charges and containing a notice that a hearing will be held before the County Manager or designee at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the structure. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the County Manager or designee.
(B) Procedure after hearing.
(1) After the notice and hearing, the County Manager or designee shall state in writing the officer's determination whether the structure violates this subchapter.
(2) If the County Manager or designee determines that the dwelling is in violation, the officer shall state in writing the officer’s findings of fact to support the determination, and shall issue and cause to be served upon the owner, and any other parties in interest thereof, an order directing and requiring the owner to either repair, alter and improve the structure or else remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of any structure shall fail to comply with an order of the County Manager or designee within the time specified therein, the County Manager or designee may submit to the Board of Commissioners at its next regular meeting a resolution directing the County Attorney to petition the Superior Court for an order directing the owner, and any other parties in interest, to comply with the order of the County Manager or designee, as authorized by G.S. § 160D-1208(e).
(2) In rem remedy. After failure of an owner, and any other parties in interest, of a structure to comply with an order of the County Manager or designee within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) above, the County Manager or designee shall submit to the Board of Commissioners a resolution ordering the County Manager or designee to cause the structure to be removed or demolished, as provided in the original order of the County Manager or designee, and pending the removal or demolition, to placard the dwelling as provided by G.S. § 160D-1203.
(3) Enforcement and penalties. 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).
(4) Petition to Superior Court by owner. Any person aggrieved by an order issued by the County Manager or designee shall have the right, within 30 days after issuance of the order to petition the Superior Court for a temporary injunction restraining the County Manager or designee, pending a final disposition of the cause, as provided by G.S. § 160D-1208(d).
(Ord. passed 3-21-2022; Ord. passed 11-6-2023)
Complaints or orders issued by the County Manager shall be served upon persons either personally or by first class mail, but if the whereabouts of the persons are unknown and the same cannot be ascertained by the County Manager or designee, in the exercise of reasonable diligence, the County Manager or designee shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publication in a newspaper having general circulation in the county at least once, no later than the time at which personal service is required under § 91.39. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.
(A) After failure of an owner of a structure to comply with an order of the County Manager or designee issued pursuant to the provisions of this subchapter, and upon adoption by the Board of Commissioners of a resolution authorizing and directing the officer to do so, as provided by G.S. § 160D-1203(5) and § 91.39 of this code, the County Manager or designee shall proceed to cause the structure either to be repaired or else removed or demolished, as directed by the resolution of the Board of County Commissioners and shall cause to be posted on the main entrance of the structure a placard prohibiting the use or occupation of the structure. Use or occupation of a building so posted shall constitute a misdemeanor.
(B) Each 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, as provided by G.S. § 160D-1203(5).
(Ord. passed 3-21-2022)
(A) As provided by G.S. § 160D-1203(7), the amount of the cost of any removal or demolition caused to be made or done by the inspector pursuant to this subchapter shall be a lien against the real property upon which the cost was incurred.
(B) The lien shall be filed, have the same priority and be enforced and the costs collected as provided by G.S. § 160A, Article 10 (§ 160A-216 et seq.).
(Ord. passed 3-21-2022)
Loading...