(A) If any occupant fails to comply with an order to vacate a building, the Inspector may file a civil action in the name of the town to remove such occupant. The action to vacate the building shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any persons occupying such building. The Clerk of Superior Court shall issue a summons requiring the defendant to appear before a Magistrate at a certain time, date and place not to exceed ten days from the issuance of the summons to answer the complaint.
(B) The summons and complaint shall be served as provided in G.S. § 42-29. The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the Inspector produces a certified copy of an ordinance adopted by the Board of Commissioners pursuant to this section authorizing the Inspector to proceed to vacate the occupied building, the Magistrate shall enter judgement ordering that the premises be vacated and that all persons be removed. The judgement ordering that the building be vacated shall be enforced in the same manner as the judgement for summary ejectment entered under G.S. § 42-30.
(C) An appeal from any judgement entered hereunder by the Magistrate may be taken as provided in G.S. § 7A-228, and the execution of such judgement may be stayed as provided in G.S. § 7A-227.
(D) An action to remove an occupant of a building who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the Board of Commissioners has ordered the Inspector to proceed to exercise his or her duties under this section to vacate and close or remove and demolish the building.
(Ord. passed 1-13-1998)