(A) Every building that shall appear to the Inspector to be especially dangerous to life because of its liability to fire, or because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be held to be unsafe, and the Inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building.
(B) (1) If the owner of a building, or structure, that has been condemned as unsafe, pursuant to subsection (A) above and G.S. Chapter 160D, shall fail to take prompt, corrective action, the Inspector shall give him or her written notice, by certified or registered mail to his or her last known address, or by personal service:
(a) That the building, or structure, is in a condition that appears to meet one, or more, of the following conditions:
1. Constitutes a fire, or safety, hazard;
2. Is dangerous to life, health, or other property;
3. Is likely to cause, or contribute, to blight, disease, vagrancy, or danger to children; or
(b) A hearing will be held before the Inspector at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person, or by counsel, and to present arguments and evidence pertaining to the matter; and
(c) Following the hearing, the Inspector may issue such order to repair, close, vacate, or demolish the building, or structure, as appears appropriate.
(2) 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, or structure, in question at least ten days prior to the hearing, and a notice of the hearing is published in a newspaper having general circulation in the town at least once, not later than one week prior to the hearing.
(C) If, upon a hearing held pursuant to the notice prescribed in subsection (B) above and G.S. Chapter 160D, the Inspector shall find that the building, or structure, is in a condition that constitutes a fire, or safety, hazard, or renders it dangerous to life, health, or other property, he or she shall make an order, in writing, directed to the owner of such building, or structure, requiring the owner to remedy the defective conditions by repairing, closing, vacating, or demolishing the building, or structure, 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 other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(D) Whenever any violation is denominated a misdemeanor under the provisions of G.S. Chapter 160D, the town, either in addition to, or in lieu of, other remedies, may initiate any appropriate action, or proceedings, to prevent, restrain, correct, or abate the violation, or to prevent the occupancy of the building, or structure, involved.
(E) (1) In the case of a building, or structure, declared unsafe under subsection (A) above and G.S. Chapter 160D, or an ordinance adopted pursuant to subsection (A) above and G.S. Chapter 160D, the town may, in lieu of taking action under subsection (D) above, cause the building, or structure, to be removed or demolished.
(2) The amounts incurred by the town in connection with the removal, or demolition, shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in G.S. Chapter 160A, Article 10.
(3) If the building, or structure, is removed, or demolished, by the town, the town shall sell the usable materials of the building, and any personal property, fixtures, or appurtenances found in, or attached to, the building. The town shall credit the proceeds of the sale against the cost of the removal, or demolition. Any balance remaining from the sale shall be deposited with the Clerk of the County Superior Court of the county where the property is located, and shall be disbursed by the Court to the person found to be entitled thereto by final order, or decree, of the Court.
(4) The amounts incurred by the town in connection with the removal, or demolition, shall also be a lien against any other real property owned by the owner of the building, or structure, and located within the town limits or within one mile of the town limits, except for the owner’s primary residence. The provisions of subsections (E)(2) and (E)(3) above apply to this additional lien, except that this additional lien is inferior to all prior liens, and shall be collected as a money judgment.
(F) If the owner of a building, or structure, fails to comply with an order issued, pursuant to subsection (C) above and G.S. Chapter 160D, from which no appeal has been taken, or fails to comply with an order of the Town Council following an appeal, he or she shall be guilty of a Class 1 misdemeanor, in accordance with G.S. Chapter 160D.
(G) If any person shall remove any notice that has been affixed to any building, or structure, by the Inspector that states the dangerous character of the building, or structure, he or she shall be guilty of a Class 1 misdemeanor.
Penalty, see § 1-111
Cross-reference:
Statutory reference:
Enforcement, G.S. Chapter 160D.