§ 151.024  FAILURE TO COMPLY WITH ORDER.
   (A)   If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling, the Inspector may cause the dwelling to be repaired, altered, or improved or to be vacated and closed, and the Inspector may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall constitute a Class 1 misdemeanor. The duties of the Inspector set forth in this division shall not be exercised until the Town Council shall have by ordinance ordered the Inspector to proceed to effectuate the purpose of this subchapter with respect to the particular property or properties that the Inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. This subchapter shall be recorded in the Office of the Register of Deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index (see G.S. § 160D-1203(4)).
   (B)   If the owner fails to comply with an order to remove or demolish the dwelling, the Inspector may cause such dwelling to be removed or demolished. The duties of the Inspector set forth in this division shall not be exercised until the governing board shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this subchapter with respect to the particular property or properties that the Inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. This subchapter shall be recorded in the Office of the Register of Deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
   (C)   (1)   If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to division (A) of this section or after the Inspector issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this division, then the Town Council may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the Town of Newport 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 that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the Town Council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
         (a)   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 dwelling within 90 days.
         (b)   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 dwelling within 90 days.
      (2)   This subchapter shall be recorded in the Office of the Register of Deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this subchapter, the Inspector shall effectuate the purpose of the ordinance (see G.S. § 160D-1203(6).
(1991 Code, § 8-50)  (Ord. passed 8-3-1982; Ord. 2021-01, passed 6-14-2021)  Penalty, see § 151.999