The existence and occupation of dwellings that are unfit for human habitation are inimical to the welfare and dangerous and injurious to the health and safety of the people of Foxfire Village. A public necessity exists for the repair, closing, or demolition of such dwellings. Whenever the village council finds that there exists within the village's planning and development regulation jurisdiction dwellings that are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accidents or other calamities; lack of ventilation, light, or sanitary facilities; or other conditions rendering the dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of Foxfire Village, G.S. 160D-1201 authorizes the use of police powers to repair, close, or demolish the dwellings consistent with the provisions of this article.

Additionally, the village council may by ordinance provide for the repair, closing, or demolition of any abandoned structure that the council finds to be a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. The ordinance may provide for the repair, closing, or demolition of such structure pursuant to the same provisions and procedures as are prescribed by this article for the repair, closing, or demolition of dwellings found to be unfit for human habitation.

(Ord. No. 2021-07, § 2, 7-13-2021)

Notwithstanding any provisions herein, all dwellings shall comply with all applicable laws, codes and regulations described in article X of this UDO. If standards in this article conflict with other applicable standards, the higher standards shall apply. The Foxfire Village Zoning Administrator may determine that a dwelling is unfit for human habitation upon a finding that conditions exist in the dwelling that render it dangerous or injurious to the health, safety, or welfare of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the village. Such conditions include, but are not limited to, defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; or uncleanliness.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Walls or partitions or supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents.

(b)

Floors or roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used.

(c)

Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged.

(d)

Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in such condition that they will not fall or collapse.

(e)

Adequate facilities for egress and ingress, in case of fire or panic, shall be provided.

(f)

Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods, promote sanitation and cleanliness, and shall be maintained in such a manner so as to enable the occupants to maintain reasonable privacy between various spaces.

(g)

The roof, flashing, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained so as to be weathertight and watertight.

(h)

There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in such condition or location as to constitute a fire or other hazard.

(i)

There shall be no use of the ground for floors, or wood floors on the ground.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Exterior foundation, walls, roofs. Every foundation wall, exterior wall and exterior roof shall be substantially watertight and rodent-proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.

(b)

Interior floor, walls, ceilings. Every floor, interior wall and ceiling shall be substantially rodent-proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(c)

Windows, doors. Every window, exterior door, basement or cellar door, and hatchway shall be substantially weathertight, and rodent-proof; and shall be kept in sound working condition and good repair.

(d)

Stairs, porches and appurtenances. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use, capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.

(e)

Bathroom floors. Every bathroom floor surface and water closet compartment floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(f)

Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this article shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.

(g)

Drainage. Every yard shall be properly graded so as to obtain thorough drainage and so as to prevent the accumulation of stagnant water.

(h)

Noxious weeds. Every yard and all exterior property areas shall be kept free of species of weeds or plant growth which are noxious or detrimental to health.

(i)

Egress. Every dwelling unit shall be provided with adequate means of egress as required by the regulatory codes adopted in this Code.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Screens. Every window or other device with openings to outdoor space used or intended to be used for ventilation shall likewise be supplied with screens installed.

(b)

Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with screens installed or such other approved device as will effectively prevent their entrance.

(c)

Infestation. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

(b)

Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.

(c)

Rubbish and garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner. In all cases the owner shall be responsible for the availability of sanitary rubbish and garbage storage facilities.

(d)

Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same.

(e)

Care of facilities, equipment and structure. No occupant shall willfully destroy, deface or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.

(Ord. No. 2021-07, § 2, 7-13-2021)

Upon adoption by the village council of an ordinance finding that dwelling conditions of the character described in section 21-11-1 exist, the council is authorized to adopt and enforce ordinances relating to dwellings within the planning and development regulation jurisdiction that are unfit for human habitation. These ordinances shall include the following provisions:

(1)

Designation of enforcement officer. The Foxfire Village Zoning Administrator shall be designated to exercise the powers prescribed by the ordinance.

(2)

Investigation, complaint, hearing. Whenever a petition is filed with the zoning administrator by a public authority or by at least five residents of the village charging that any dwelling is unfit for human habitation or when it appears to the zoning administrator that any dwelling is unfit for human habitation, the zoning administrator shall, if a preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwellings a complaint stating the charges in that respect and containing a notice that an administrative hearing will be held before the zoning administrator. The hearing shall be not less than ten days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law shall not be controlling in administrative hearings before the zoning administrator.

(3)

Orders. If, after notice and hearing, the zoning administrator determines that the dwelling under consideration is unfit for human habitation, the zoning administrator shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner one of the following orders, as appropriate:

a.

An order requiring the owner to, within the time specified, repair, alter, or improve the dwelling in order to render it fit for human habitation, if the repair, alteration, or improvement of the dwelling can be made at a cost not exceeding 50 percent of the then current value of the dwelling, or if the owner chooses to make repairs without regard to the relative cost. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under subsection (4) of this section.

b.

If the cost of repair, alteration, or improvement of the dwelling exceeds 50 percent of the then current value of the dwelling, an order requiring the owner to remove or demolish such dwelling shall be issued.

(4)

Repair, closing, and posting. If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling, the zoning administrator may cause the dwelling to be repaired, altered, or improved or to be vacated and closed, and the zoning administrator may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall constitute a Class 1 misdemeanor. The duties of the zoning administrator set forth in this section shall not be exercised until the village council has by ordinance ordered the zoning administrator to proceed to effectuate the purpose of this article with respect to the particular property or properties that the zoning administrator shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. This chapter shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.

(5)

Demolition. If the owner fails to comply with an order to remove or demolish the dwelling, the zoning administrator may cause such dwelling to be removed or demolished. The duties of the zoning administrator set forth in this subdivision shall not be exercised until the village council has by ordinance ordered the zoning administrator to proceed to effectuate the purpose of this article with respect to the particular property or properties that the zoning administrator shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. This chapter shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.

(6)

Abandonment of Intent to Repair. If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to subsection (4) of this section or after the zoning administrator issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this section, then the village council may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the village 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 or contribute to blight and the deterioration of property values in the area, then in such circumstances, the village council may, after the expiration of such one-year period, enact an ordinance and serve such 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 percent 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.

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 exceeding 50 percent of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

This chapter shall be recorded in the office of the register of deeds in the county wherein the property or 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 chapter, the zoning administrator shall effectuate the purpose of the ordinance.

(7)

Liens.

a.

The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the zoning administrator shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. ch. 160A, art. 10.

b.

If the real property upon which the cost was incurred is located in the corporate limits of the village, then the amount of the cost is also a lien on any other real property of the owner located within the corporate limits of the village or within one mile thereof except for the owner's primary residence. The additional lien provided in this sub-subdivision is inferior to all prior liens and shall be collected as a money judgment.

c.

If the dwelling is removed or demolished by the zoning administrator, the village shall sell the materials of the dwelling, and any personal property, fixtures, or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the zoning administrator, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of Foxfire Village to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(8)

Civil action. If any occupant fails to comply with an order to vacate a dwelling, the zoning administrator may file a civil action in the name of Foxfire Village to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as defendant any person occupying such dwelling. 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. If the summons appears to have been duly served and if at the hearing the zoning administrator produces a certified copy of an ordinance adopted by the village council pursuant to subsection (5) of this section authorizing the zoning administrator to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any 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 dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the village council has ordered the zoning administrator to proceed to exercise the duties under subsection (4) and (5) of this section to vacate and close or remove and demolish the dwelling.

(9)

Additional notices to affordable housing organizations. Whenever a determination is made pursuant to subsection (3) of this section that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this section, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the zoning administrator, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The zoning administrator shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the zoning administrator to wait 45 days before causing removal or demolition.

(Ord. No. 2021-07, § 2, 7-13-2021)

Complaints or orders issued by the zoning administrator pursuant to an ordinance adopted under this article shall be served upon persons either personally or by certified mail. When service is made by certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.

If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the zoning administrator in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by certified mail, and the zoning administrator makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the jurisdiction at least once no later than the time at which personal service would be required under the provisions of this article. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

(Ord. No. 2021-07, § 2, 7-13-2021)

The zoning administrator may make periodic inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exist in a residential building or structure. However, when the zoning administrator determines that a safety hazard exists in one of the dwelling units within a multifamily building, which in the opinion of the zoning administrator poses an immediate threat to the occupant, she may inspect, in the absence of a specific complaint and actual knowledge of the unsafe condition, additional dwelling units in the multifamily building to determine if that same safety hazard exists. For purposes of this section, the term "reasonable cause" means any of the following: (i) the landlord or owner has a history of more than two verified violations of the housing ordinances or codes within a 12-month period, (ii) there has been a complaint that substandard conditions exist within the building or there has been a request that the building be inspected, (iii) the zoning administrator has actual knowledge of an unsafe condition within the building, or (iv) violations of the local ordinances or codes are visible from the outside of the property. In conducting inspections authorized under this section, the zoning administrator shall not discriminate between single-family and multifamily buildings or between owner-occupied and tenant-occupied buildings. In exercising this power, the zoning administrator or her designee shall have a right to enter on any premises within the jurisdiction of the department at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials. Nothing in this section shall be construed to prohibit periodic inspections in accordance with state fire prevention code or as otherwise required by state law.

In no event may Foxfire Village do any of the following: (i) adopt or enforce any ordinance that would require any owner or manager of rental property to obtain any permit or permission under article X or article XI of this chapter from Foxfire Village to lease or rent residential real property or to register rental property with the village, except for those individual properties that have more than four verified violations in a rolling 12-month period or two or more verified violations in a rolling 30-day period, or upon the property being identified within the top ten percent of properties with crime or disorder problems as set forth in a local ordinance, (ii) require that an owner or manager of residential rental property enroll or participate in any governmental program as a condition of obtaining a certificate of occupancy, (iii) levy a special fee or tax on residential rental property that is not also levied against other commercial and residential properties, unless expressly authorized by general law or applicable only to an individual rental unit or property described in clause (i) of this subsection and the fee does not exceed $500.00 in any 12-month period in which the unit or property is found to have verified violations, (iv) provide that any violation of a rental registration ordinance is punishable as a criminal offense, or (v) require any owner or manager of rental property to submit to an inspection before receiving any utility service provided by Foxfire Village. For purposes of this section, the term "verified violation" means all of the following:

(1)

The aggregate of all violations of housing ordinances or codes found in an individual rental unit of residential real property during a 72-hour period.

(2)

Any violations that have not been corrected by the owner or manager within 21 days of receipt of written notice from the village of the violations. Should the same violation occur more than two times in a 12-month period, the owner or manager may not have the option of correcting the violation. If the housing code provides that any form of prohibited tenant behavior constitutes a violation by the owner or manager of the rental property, it shall be deemed a correction of the tenant-related violation if the owner or manager, within 30 days of receipt of written notice of the tenant-related violation, brings a summary ejectment action to have the tenant evicted.

If a property is identified by Foxfire Village as being in the top ten percent of properties with crime or disorder problems, the village shall notify the landlord of any crimes, disorders, or other violations that will be counted against the property to allow the landlord an opportunity to attempt to correct the problems. In addition, the village and the county sheriff's office or village's police department shall assist the landlord in addressing any criminal activity, which may include testifying in court in a summary ejectment action or other matter to aid in evicting a tenant who has been charged with a crime. If the village or the county sheriff's office or village police department does not cooperate in evicting a tenant, the tenant's behavior or activity at issue shall not be counted as a crime or disorder problem as set forth in the village ordinance, and the property may not be included in the top ten percent of properties as a result of that tenant's behavior or activity.

If the village takes action against an individual rental unit under this section, the owner of the individual rental unit may appeal the decision to the board of adjustment. The board shall fix a reasonable time for hearing appeals, shall give due notice to the owner of the individual rental unit, and shall render a decision within a reasonable time. The owner may appear in person or by agent or attorney. The board may reverse or affirm the action, wholly or in part, or may modify the action appealed from, and may make any decision and order that in the opinion of the board ought to be made in the matter.

(Ord. No. 2021-07, § 2, 7-13-2021)

An appeal from any decision or order of the zoning administrator is a quasi-judicial matter and may be taken by any person aggrieved thereby or by any officer, board, or commission of the village before the board of adjustment. Any appeal from the zoning administrator shall be taken within ten days from the rendering of the decision or service of the order by filing with the zoning administrator and the board of adjustment a notice of appeal that shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the zoning administrator refusing to allow the person aggrieved thereby to do any act, the decision shall remain in force until modified or reversed. When any appeal is from a decision of the zoning administrator requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board, unless the zoning administrator certifies to the board, after the notice of appeal is filed, that because of facts stated in the certificate, a copy of which shall be furnished the appellant, a suspension of the requirement would cause imminent peril to life or property. In that case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the zoning administrator, by the board, or by a court of record upon petition made pursuant to this section.

The board of adjustment shall fix a reasonable time for hearing appeals, shall give due notice to the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or in part, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter, and, to that end, it shall have all the powers of the zoning administrator, but the concurring vote of four members of the board shall be necessary to reverse or modify any decision or order of the zoning administrator. The board shall have power also in passing upon appeals, when unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

Every decision of the board of adjustment shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the board, but not otherwise.

Any person aggrieved by an order issued by the zoning administrator or a decision rendered by board of adjustment may petition the superior court for an injunction restraining the zoning administrator from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the zoning administrator pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be had by the court on a petition within 20 days and shall be given preference over other matters on the court's calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this section.

If any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this article or of any ordinance or code adopted under authority of this article or any valid order or decision of the zoning administrator or board of adjustment made pursuant to any ordinance or code adopted under authority of this article, the zoning administrator or board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, or use; to restrain, correct, or abate the violation; to prevent the occupancy of the dwelling; or to prevent any illegal act, conduct, or use in or about the premises of the dwelling.

(Ord. No. 2021-07, § 2, 7-13-2021)

Nothing in this article shall be construed as preventing the owner or owners of any property from receiving just compensation for the taking of property by the power of eminent domain under the laws of this state nor as permitting any property to be condemned or destroyed except in accordance with the police power of the state.

(Ord. No. 2021-07, § 2, 7-13-2021)

The zoning administrator is hereby authorized to exercise any powers necessary or convenient to carry out and effectuate the purpose and provisions of this article, including the following powers in addition to others herein granted:

(1)

To investigate the dwelling conditions in the village's planning and development regulation jurisdiction in order to determine which dwellings therein are unfit for human habitation.

(2)

To administer oaths, affirmations, examine witnesses, and receive evidence.

(3)

To lawfully enter upon premises for the purpose of making inspections in a manner that will do the least possible inconvenience to the persons in possession (when permission to enter premises is denied, the zoning administrator will seek an administrative search warrant from the appropriate court).

(4)

To appoint and fix the duties of officers, agents, and employees necessary to carry out the purposes of the ordinances.

(5)

To delegate any of his or her functions and powers under the ordinance to other officers and other agents.

(6)

To take such action, together with other appropriate agencies, public and private, to effectuate the repair, rehabilitation, or demolition of designated properties.

(7)

To keep records of the results of inspections and an inventory of dwellings that do not meet minimum standards set forth herein.

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the zoning administrator duly made and served as provided in this article, within the time specified in such order. Each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense.

(b)

It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to this articles, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing. Each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

(c)

The violation of any provision of this article shall constitute a misdemeanor, as provided by G.S. 14-4.

(d)

In addition to the misdemeanor penalty established herein, and the remedies provided by other provisions of this section, this article may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.

(e)

Pursuant to G.S. 160A-175(A) and in addition to any other remedies provided in this section, any person violating this article shall subject the offender to a civil penalty in the amount of $50.00. Each day's continuing violation shall be a separate and distinct offense. The zoning administrator shall notify either by personal contact or letter the person in violation of the article, describing the offense, the section of this article violated, the corrective action necessary, and a reasonable time period for compliance with this article. If the violation is not corrected within the required time, the zoning administrator shall have the authority to issue a civil citation, on forms developed for that purpose, imposing the hereinabove stated civil penalty of $50.00 for each separate offense. If corrective action is not taken or the penalty paid, the zoning administrator shall forward the matter to the village attorney for further legal action. Such action could include, but not be limited to, forced collection, criminal prosecution, and statutory injunction as allowed by this article and the General Statutes.

(Ord. No. 2021-07, § 2, 7-13-2021)