(A) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the Inspector duly made and served as herein provided, within the time specified in the order, and each day that any failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to § 151.039, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing, and each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.
(B) (1) Any owner of either of the following divisions (B)(1)(a) or (B)(1)(b), who fails to comply with an order of the Code Enforcement Official to repair, alter or improve the dwelling or rooming-house or to vacate and close and remove or demolish the dwelling or rooming-house within the time specified in the order, shall be subject to a civil penalty in the amount of $500 for the first day of noncompliance and $25 for each day thereafter until the dwelling is brought into compliance with the order. The civil penalty may be recovered by the city in a civil action in the nature of a debt if the owner does not pay the penalty within 30 days after the initial day of noncompliance:
(a) A dwelling, except an owner who occupies the dwelling as his or her principal place of residence; or
(b) A rooming-house, except when the owner resides in the rooming-house.
(2) Any owner of a lodging establishment who fails to comply with an order of the Code Enforcement Official to repair, alter or improve the lodging establishment, within the time specified in the order, shall be subject to a civil penalty in the amount of $1,000 for the first day of noncompliance and $100 for each day thereafter until the lodging establishment is brought into compliance with the order. The civil penalty may be recovered by the city in a civil action in the nature of a debt if the owner does not pay the penalty within 30 days after the initial day of noncompliance.
(3) The Code Enforcement Official in his or her discretion may agree, in writing only, to release, in whole or in part, an owner from liability for the civil penalty imposed pursuant to divisions (B)(1) and (B)(2) above if the owner voluntarily agrees, as consideration for the release, to convey to the town, or to some other person or organization, the property from which the civil penalty arose upon such terms and conditions as the owner and the Code Enforcement Official might agree.
(4) It shall be unlawful for the owner of a place of habitation that is imminently dangerous to health or safety to collect rent from another person who occupied the place of habitation at the time it became imminently dangerous to health or safety or to permit any other person to begin occupancy of the place of habitation. A place of habitation is imminently dangerous to health or safety if it is in violation of any one of the following minimum standards of fitness established by § 151.015:
(b) Fire hazard in a chimney that is in use, as provided in § 151.017;
(c) Unsafe wiring, as provided in § 151.017(C);
(d) Unsafe ceiling or roof, as provided in § 151.016(A)(1), (A)(7), (G)(1) and (G)(5);
(e) No potable water supply, as provided in § 151.017(A);
(f) No operable heating equipment, as required by § 151.017(B) during November, December, January, February or March;
(g) No operable sanitary facilities, as provided in § 151.017(A);
(h) Severe rat infestation where the place of habitation is not impervious to pests, as provided in § 151.020(K);
(i) No safe, continuous, and unobstructed exit from the interior of the building to the exterior at street or grade level, as provided in § 151.020(I);
(j) No access provided to all rooms within a dwelling unit without passing through a public space, as provided in § 151.090;
(l) No operable smoke detector or alarm, as provided in § 151.090; or
(m) Every place of habitation shall comply with the current county health regulations governing carbon monoxide alarms.
(5) It shall be unlawful for the owner of a place of habitation who has done either of the following to permit another person, other than a person who occupied the place of habitation at the time of the issuance of the complaint and notice, to occupy the place of habitation without first informing the person, in writing, of the issuance of the complaint and notice and providing him or her with a copy of such complaint and notice:
(a) Has received a complaint and notice authorized by § 151.039(C) with regard to the place of habitation; or
(b) Has gained knowledge by other means that the Code Enforcement Official has issued such a complaint and notice regarding the place of habitation.
(6) It shall be unlawful for the owner of a place of habitation who has received a final code enforcement order, after all periods for appeal to the Housing Appeals Board and petitions to the court have expired pursuant to § 151.039, to fail to comply with such order. However, with respect to an order to vacate and close and remove or demolish the place of habitation, no civil penalty shall accrue, notwithstanding divisions (B)(2)(b) and (B)(2)(c) of this section, nor shall any criminal liability attach until 30 days following the relocation of the occupants of the places of habitation.
(7) In addition to any other penalty imposed by this chapter, any person who violates division (B)(5), (6) or (7) above shall be guilty of a misdemeanor and shall be punished as provided in § 10.99. Except as provided in this division, there shall not be any criminal liability for violation of any section of this chapter.
(C) The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. § 14-4.
(D) In addition to the remedy specified in this and in other sections of this chapter, the provisions of this chapter may also be enforced by the town by injunction and order or abatement or by any other equitable remedy issuing from a court of competent jurisdiction, as specified in G.S. § 153A-123(d) and (e).
(Ord. 2008-02, passed 5-13-2008)