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(A) Complaints or orders issued by the inspector pursuant to this article shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order will also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
(B) If the whereabouts of such persons are unknown and cannot be ascertained by the inspector in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the inspector shall make an affidavit to that effect, and the serving of such complaint, ordinance or order upon such person may be made by publication in a newspaper having general circulation in the town at least once, no later than the time at which personal service is required. 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.
(C) That whenever a determination is made pursuant to § 5-4.23 of this article that a dwelling must be vacated and closed, or removed or demolished, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the inspector, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The inspector or Town Clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the inspector to wait 45 days before causing removal or demolition.
(Adopted 11-2-2021)
(A) Determination for dwellings. After such notice and hearing as provided in § 5-4.21, if the inspector finds that the dwelling under consideration is unfit for human habitation he or she shall state in writing his or her findings of fact in support of that determination. The inspector shall issue and cause to be served upon the owner thereof an order to repair, alter and improve such structure or remove or demolish the same within a specified period of time not to exceed 60 days.
(B) Determination for all other buildings and structures. If, after notice and hearing, the inspector determines that the non-residential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by this article, the inspector shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order.
(C) Limitations on orders.
(1) If the repair, alteration or improvement of the dwelling or abandoned structure can be made at a cost of no more than 50% of the value of the dwelling or building as determined and published most recently by the Davie County Tax Assessor, the order may require the owner, within the time specified, to repair, alter or improve the building, structure or dwelling in order to render it fit for human habitation or, in the case of non-residential buildings to bring it into compliance with the standards of this article within 90 days. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under § 5-4.25; or
(2) If the repair, alteration or improvement of the dwelling, building or structure cannot be made at a cost of less than 50% of the value of the dwelling or building as determined and published most recently by the Davie County Tax Assessor, the order may require the owner, within the time specified, to remove or demolish the structure or dwelling within 90 days.
(a) Historic exception. However, notwithstanding any other provision of law and this article, if the building, structure or dwelling is a local historic landmark or listed in the National Register of Historic Places or is located in a historic district listed in the National Register of Historic Places and the Board of Commissioners determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with G.S. § 160D-940 et seq.
(3) General exception for vacant manufacturing or industrial facilities. An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.
(Adopted 11-2-2021)
(A) Remedy. If the owner of any unsafe, unfit or abandoned dwelling, building structure as defined in this article shall fail to comply with an order of the inspector to repair, alter, or improve, vacate and close the same within the time specified therein, the inspector may either request an emergency meeting with the Town Board of Commissioners or place the matter on the agenda of the next scheduled Commissioner's meeting. At the meeting the Commissioners may consider an ordinance finding that failure to comply with the order jeopardized the public health safety and welfare of the general public and/or the occupants of the building structure or dwelling. If the Board of Commissioners finds that the public or occupant's health and safety are jeopardized, the Commissioners shall adopt an ordinance:
(1) Describing the property;
(2) Listing the Commissioner's findings;
(3) Directing that the ordinance be recorded in the Davie County Registry and indexed in the grantor index in the name of the property owner(s); and
(4) Directing that the inspector cause the building or dwelling to be repaired, altered and repaired or vacated and closed; or
(5) Directing that the inspector cause the building, structure or dwelling be demolished and removed if the cost of repair, alteration or improvement of the building, structure or dwelling would exceed 50% of its then current value.
(6) If the building or dwelling is to be closed the ordinance will direct the inspector to post the property with a placard reading:
(a) For non-residential buildings: "This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful"; or
(b) For dwellings: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."
(B) Any person who occupies or knowingly allows the occupancy of a non-residential building or structure so posted shall be guilty of a Class 3 misdemeanor. Any person who occupies or knowingly allows the occupancy of a dwelling so posted shall be guilty of a Class 1 misdemeanor.
(C) Further in rem remedy; demolition. If the Town Board of Commissioners has adopted an ordinance ordering a dwelling to be repaired, vacated or closed under subsection (A) above, and if the owner fails to comply with that ordinance in regard to a residence in one year, or two years in the case of non-residential buildings or structures, the Board of Commissioners may consider another ordinance if the Board finds that: the owner has abandoned the intent and purpose to repair, alter or improve the building, structure or dwelling in order to render it fit for human habitation or, for non-residential buildings, to have abandoned the intention to repair and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the town in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in the town. Any ordinance enacted shall set forth the following:
(1) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the building, structure or dwelling within 90 days; or
(2) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the building, structure or dwelling within 90 days.
(3) Any ordinance so adopted shall be served on the owner of the property and recorded in the Davie County Office of the Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
(4) If the owner fails to comply with this article, the inspector shall effectuate the purpose of the ordinance.
(Adopted 11-2-2021)
(A) The Board of Commissioners shall also hear any appeals from any decision or order of the inspector.
(B) An appeal from any decision or order of the inspector may be taken to the Board of Commissioners by any person aggrieved thereby or by any officer, Commissioner or commission of the town. Any appeal from the inspector shall be taken within ten days from the rendering of the decision or service of the order by filing with the office of the inspector, a notice of appeal to the Commissioners which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the inspector shall forthwith transmit to the Board of Commissioners all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board of Commissioners, unless the inspector certifies to the Board, after the notice of appeal is filed with him, that because of facts stated in the certificate (a copy of which shall be furnished the person making the appeal), a suspension of his requirement would cause imminent peril to life or property. In that case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the inspector by the Board of Commissioners, or by a court of record upon petition made pursuant to subsection (F) of this section.
(C) The Board of Commissioners shall fix a reasonable time for hearing appeals, shall give due notice to the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Commissioners may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter, and to that end it shall have all the powers of the inspector. The Commissioners shall have power also in passing upon appeals, when practical difficulties or unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(D) Every decision of the Board of Commissioners shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Commissioner, but not otherwise.
(E) Any person aggrieved by an order issued by the inspector, or a decision rendered by the Board of Commissioners may petition the superior court for an injunction restraining the inspector and/or town from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the inspector pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this subsection.
(F) If any building, structure or dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this article or any valid order or decision of the inspector or Board of Commissioners made pursuant to any ordinance or code adopted under authority of this article or the North Carolina General Statutes, the inspector or Board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate the violation, to prevent the occupancy of the building, structure or dwelling, or to prevent any illegal act, conduct or use in or about the premises.
(Adopted 11-2-2021)
(A) Notice before ejectment from dwellings only. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the Board of Commissioners has ordered the inspector to proceed to exercise his duties under § 5-4.24 of this article to vacate and close or remove and demolish the dwelling.
(B) Ejectment procedure for residential and non-residential buildings and structures. If any occupant fails to comply with an order to vacate a dwelling, the inspector may file a civil action in the name of the town to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The Clerk of Superior Court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. § 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the inspector produces a certified copy of an ordinance adopted by the governing body pursuant to § 5-4.24 authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. § 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of such judgment may be stayed as provided in G.S. § 7A-227.
(Adopted 11-2-2021)
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