(A) Civil enforcement. Whenever any violation is denominated a misdemeanor under the provisions of this section, the Town, either in addition to, or in lieu of other remedies, may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation or to prevent the occupancy of the building or structure involved.
(B) Receivership. In accordance with G.S. § 160D-1130, the Town may petition Superior Court for the appointment of a receiver for the property in order to rehabilitate, demolish, or sell a vacant building, structure, or dwelling.
(C) Equitable enforcement. In the case of a nonresidential building or structure declared unsafe and condemned under G.S. § 160D-1119, the Town may, in lieu of taking civil enforcement action, cause the building or structure to be removed or demolished pursuant to G.S. § 160D-1125.
(1) The Town may file a lien against the real property for the amount incurred for removal or demolition as provided in G.S. Chapter 160A, Article 10, and G.S. § 160D-1125.
(2) The Town may file an additional lien against any other real property of the owner. except the owner’s primary residence, as provided in G.S.160A, Article 10, and G.S. § 160D-1125.
(D) Bond for repair or demolition. The public official may require a surety in the form of performance bond or letter of credit to ensure completion of the required repairs, or to cover the cost of securing and demolition of a structure.
(1) The surety shall be issued to the Town and drawn from an institution licensed to do business in North Carolina.
(2) The amount of the surety will be a minimum of one and one-half times the estimated cost of the required repairs or demolition as determined by the public official.
(3) The surety shall be accompanied by a signed agreement between all parties that documents the necessary work and sets a deadline for the owner to complete the work, as determined by the public official.
(4) The bond or letter of credit must be valid for the time period provided by the public official. If work has not been completed by the deadline, then the public official is authorized to use necessary funds from the surety to ensure that the work is completed and the requirements of this chapter are met. The work may include hiring contract labor for necessary repairs and/or demolition and removal of the structure(s).
(E) Non-limiting power of declaration. Nothing in this section shall be construed to impair or limit the power of the Town to define and declare nuisances, and to cause their removal or abatement by summary proceedings, or otherwise.
(Ord. 3002, passed 9-26-2023)