(A) Failure to take corrective action. If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. § 160D-1119 fails to take prompt corrective action, the public official shall give the owner written notice in accordance with G.S. § 160D-1121. The written notice shall inform the owner:
(1) That the building or structure appears to be in one or more of the following conditions:
(a) Constitutes a fire or safety hazard;
(b) Is dangerous to life, health, or other property;
(c) Is likely to cause or contribute to blight, disease, vagrancy, or danger to children;
(d) Has a tendency to attract persons intent on criminal activities or other activities that would cause a public nuisance.
(2) That an administrative hearing will be held before the inspector at a designated place and time, no less than ten days and not more than 30 days after the date of the notice, at which time the owner will be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter.
(3) Following the hearing, the public official may issue such order to repair, close, vacate or demolish the building or structure as appears appropriate.
(4) If the name or whereabouts of the owner cannot be discovered after due diligence, the public official shall properly and adequately serve the notice of the hearing in accordance with G.S. § 160D-1121.
(B) Order to take corrective action. The public official shall hold an administrative hearing in accordance with G.S. § 160D-1121. If the public official finds that the building or structure is in a condition that constitutes a fire or safety hazard, or renders it dangerous to life, health, or other property, he or she shall issue an order in writing to the owner of the building or structure. The written order shall:
(1) Confirm the findings of fact;
(2) State the actions required to remedy the violation;
(3) Confirm the deadline to complete the action.
(a) The public official shall determine a reasonable time to take that action, provided it is at least 60 days from the date of the order.
(b) Where there is imminent danger to life or other property, the public official may set a deadline of less than 60 days.
(C) Appeal; finality of order if not appealed. Any owner who has received an order of corrective action may appeal the order as follows.
(1) The appeal shall be filed in writing within ten days following issuance of the order.
(2) The appeal shall be to the public official and to the Town Clerk.
(3) The Planning and Zoning Board shall hear an appeal in accordance with G.S. § 160D-406. All appeals shall adhere to quasi-judicial procedures and shall consider only the public official’s interpretation of the Town Code related to the order. The Board may affirm, modify and affirm, or revoke the order.
(4) In the absence of an appeal, the order of the public official shall be final.
(Ord. 2019, passed 8-9-2022; Am. Ord. 3002, passed 9-26-2023)