(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)