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(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)
The decision of the inspector pursuant to this article shall be final in cases of emergency, which, in his or opinion, involve imminent danger to human life or health. The inspector shall promptly cause such building, structure or portion thereof to be made safe or abated. For this purpose, the inspector may at once enter such structure or land on which it stands, or abutting land or structure, with such assistance and at such cost as he may deem necessary. The inspector may vacate adjacent structures and protect the public by appropriate fences or such other means as may be necessary, and for this purpose, may close a public or private way.
(Adopted 11-2-2021)
(A) Civil citations. If the violation continues after the deadline to correct a violation established after the violation hearing by the order requiring removal or correction of a violation, and no appeal has been filed with the office of the inspector, then the inspector may issue a civil citation with a fine in an initial amount of $100 against the violator. Thereafter, upon issuing a second civil citation that each day the violation continues is an additional separate and distinct offense and that additional citations with additional fines of $100 shall apply each day the violation continues. Any unpaid citations and delinquency charges shall be cumulative and shall be recovered in a civil action in the nature of debt as well as any attorney fees incurred by the town incident thereto.
(B) Multiple notices not required. A hearing is not required for issuance of consequent civil citations with fines after the issuance of the first citation. This article may be enforced by the simultaneous issuance of both civil citation(s) and a criminal citation, in addition to any other remedies provided in this article. (See G.S. §§ 160A-175 and 160A-193.)
(Adopted 11-2-2021)
(A) The expense of the action shall be paid by the person in default. If the expense is not paid, it is a lien on the land or premises where the nuisance occurred. A lien established pursuant to this subsection shall have the same priority and be collected as unpaid ad valorem taxes.
(B) Liens on residential and non-residential buildings. The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Art. 10.
(C) Additional lien created in actions about residential buildings. Where the original action was brought against a dwelling(s), the expense of the action is also a lien on any other real property owned by the person in default within the town limits or within one mile of the town limits, except for the person's primary residence. A lien established pursuant to this subsection is inferior to all prior liens and shall be collected as money judgment. This subsection shall not apply if the person in default can show that the nuisance was created solely by the actions of another. (See G.S. § 160A-193.)
(D) The inspector will notify the Town Attorney to write a notice of lien and cause it to be recorded in the county registry and/or judgments.
(E) Cost recovery in the case of actions against non-residential buildings. If the dwelling is removed or demolished by the inspector, the inspector shall sell the materials of the dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.
(Adopted 11-2-2021)
MINIMUM STANDARDS
(A) The following chapters and index of the latest edition of the International Property Maintenance Code, as copyrighted by the International Code Commission, Inc. shall be applicable to those buildings and structures, residential and non-residential, as if fully set forth in this article, with any additions, insertions, deletions and changes, if any, prescribed in this article.
(1) Chapter 3, General Requirements;
(2) Chapter 4, Light, Ventilation and Occupancy Limitations;
(3) Chapter 5, Plumbing Facilities and Fixture Requirements;
(4) Chapter 6, Mechanical and Electrical Requirements;
(5) Chapter 7, Fire Safety Requirements;
(6) Chapter 8, Referenced Standards;
(7) Index.
(B) Amendments to the International Property Maintenance Code which are adopted and published by the International Code Council, Inc., from time to time, shall be effective as to this article on the effective date prescribed by the International Code Council, Inc.
(Adopted 11-2-2021)