(A) In personam remedy. If the owner of any structure, deteriorated dwelling or dwelling unit fails to comply with an ordinance or order of the Inspector to repair, alter, or improve it within the time specified therein, or if the owner of a structure or dilapidated dwelling fails to comply with an order of the Inspector to vacate and close, and remove or demolish it within the time specified therein, the Inspector shall submit to the Town Council at its next regular meeting a resolution directing the Town Attorney to petition the Superior Court for an order directing the owner to comply with the order of the Inspector, as authorized by North Carolina General Statutes.
(B) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, or of a structure or dilapidated dwelling, to comply with an ordinance or order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (A) above, the Inspector shall submit to the Town Council an ordinance ordering the Inspector to cause the structure, dwelling or dwelling unit to be repaired, altered, improved, or vacated and closed and removed or demolished, as demolition, and to placard the structure or dwelling as provided by state law and § 151.44.
(C) Repair; vacation.
(1) If the Town Council adopts an ordinance or the Inspector issues an order, ordering a dwelling or structure to be repaired or vacated and closed, and if the owner has vacated and closed the dwelling and kept the dwelling vacated and closed for a period of 1 year pursuant to the ordinance or order, then if the Town Council shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling or structure in order to render it fit and that the continuation of the dwelling or structure 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 to contribute to blight and the deterioration of property values in the area, and, in the case of a dwelling would render unavailable property which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in the circumstances the Town Council may, after the expiration of a 1 year period, enact an ordinance and serve the 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; or
(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 exceed 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 ordinance shall be recorded in the Office of the Register of Deeds in the county wherein the property of 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 ordinance, the public officer shall effectuate the purpose of the ordinance.
(D) Alternative remedies. Neither this chapter or any of its provisions shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by criminal process as authorized by G.S. § 14-4 and § 151.50. The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(1989 Code, § 151.34) (Ord. passed 7-14-1981; Am. Ord. 472, passed 6-14-1994)
Editor’s note:
The statute from which division (C) of this section derives, G.S. § 160A-443(5)(a), has been repealed.