G.S. § 153A-365 Defects in buildings to be corrected.
If a local inspector finds any defect in a building, or finds that the building has not been constructed in accordance with the applicable State and local laws and local ordinance and regulations, or finds that a building because of its condition is dangerous or contains fire-hazardous conditions, he shall notify the owner or occupant of the building of its defects, hazardous conditions, or failure to comply with the law. The owner and the occupant shall each immediately remedy the defects, hazardous conditions, or violations of law in the property each owns.
G.S. § 153A-366 Unsafe building condemned.
(a) Residential building and nonresidential building or structure. The inspector shall condemn as unsafe each building that appears to him to be especially dangerous to life because of its liability to fire, bad conditions of walls, overload floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes; he shall affix a notice of the dangerous character of the building to a conspicuous place on the exterior wall.
(b) Nonresidential building or structure. In addition to the authority granted in subsection (a) of this section, an inspector may declare a nonresidential building or structure within a community development target area to be unsafe if it meets both of the following conditions:
(1) It appears to the inspector to be vacant or abandoned.
(2) It appears to the inspector to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire, or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities that would constitute a public nuisance.
(c) If an inspector declares a nonresidential building or structure to be unsafe under subsection (b) of this section, the inspector must affix a notice of the unsafe character of the structure to a conspicuous place on the exterior wall of the building. For the purposes of this section, the term “community development target area” means an area that has characteristics of an urban progress zone under G.S. 143B-437.09, a “nonresidential redevelopment area” under G.S. 160A-503(10), or an area with similar characteristics designated by the board of commissioners as being in special need of revitalization for the benefit and welfare of its citizens.
(d) A county may expand subsections (b) and (c) of this section to apply to residential buildings by adopting an ordinance. Before adopting the ordinance, the county shall hold a public hearing and shall provide notice of the hearing at least 10 days in advance of the hearing.
G.S. § 153A-367 Removing notice from condemned building.
If a person removes a notice that has been affixed to a building by a local inspector and that states the dangerous character of the building, he guilty of a Class 1 misdemeanor.
G.S. § 153A-368 Action in the event of failure to take corrective action.
If the owner of a building that has been condemned as unsafe pursuant to G.S. 153A-366 fails to take prompt corrective action, the local inspector shall by certified or registered mail to his last known address or by personal service give him written notice:
(1) That the building or structure is in a condition that appears to meet one or more of the following conditions:
a. Constitutes a fire or safety hazard.
b. Is dangerous to life, health, or other property.
c. Is likely to cause or contribute to blight, disease, vagrancy, or danger to children.
d. Has a tendency to attract persons intent on criminal activities or other activities that would constitute a public nuisance.
(2) That a hearing will be held before the inspector at a designated place and time, not later than 10 days after the date of the notice, at which time the owner is entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
(3) That following the hearing, the inspector may issue any order to repair, close, vacate, or demolish the building that appears appropriate.
If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy thereof is posted on the outside of the building in question at least ten days before the day of the hearing and a notice of the hearing is published at least once not later than one week before the hearing.
G.S. § 153A-369 Order to take corrective action.
If, upon a hearing held pursuant to G.S. § 153A-368, the inspector finds that the building is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health, or other property, he shall issue a written order, directed to the owner of the building, requiring the owner to remedy the defective conditions by repairing, closing, vacating, or demolishing the building or taking other necessary steps, within such period, not less than 60 days, as the inspector may prescribe; provided, that where the inspector finds that there is imminent danger to life or property, he may order that corrective action be taken in such lesser period as may be feasible.
G.S. § 153A-370 Appeal; finality of order not appealed.
An owner who has received an order under G.S. § 153A-369 may appeal from the order to the board of commissioners by giving written notice of appeal to the inspector and to the clerk within 10 days following the day the order is issued. In the absence of an appeal, the order of the inspector is final. The board of commissioners shall hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
G.S. § 153A-371 Failure to comply with order.
If the owner of a building fails to comply with an order issued pursuant to G.S. § 153A-369 from which no appeal has been taken, or fails to comply with an order of the board of commissioners following an appeal, he is guilty of a Class 1 misdemeanor.
(Ord. O-02-08, passed 6-5-2008)