If any occupant fails to comply with an order to vacate a nonresidential structure, the Enforcement Officer may cause a civil action to be filed in the name of the town to remove such occupant. The action to vacate shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying the structure. 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. 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 Enforcement Officer produces a certified copy of an ordinance adopted by the Board of Commissioners pursuant to § 151.12 authorizing the Enforcement Officer to proceed to vacate the occupied structure, the magistrate shall enter judgment ordering that the nonresidential structure and premises be vacated and that all persons be removed. The judgment ordering that the structure and premises be vacated shall be enforced in the same manner as the judgment entered hereunder by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of such judgment may be stayed as provided in G.S. § 7A-227. An action to remove an occupant of a nonresidential structure 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 has ordered the Enforcement Officer to proceed to exercise his or her duties under § 151.12 to vacate and close or remove and demolish the structure.
(Ord. passed 7-20-2010)