This chapter is adopted under the authority granted by Article 8 of Chapter 160A and G.S. § 160D-401 and hereby ordains and enacts into law these articles and sections.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   This chapter is adopted to preserve, protect and promote the public health, safety and general welfare or residents and businesses within the corporate limits of the City. More specifically, this Chapter is adopted to achieve the following objectives:

   A.   Establish minimum standards of the construction, maintenance, sanitation, and safety relating to buildings or structures, as expressly authorized by G.S. § 160D-1127.

   B.   Provide minimum standards for the repair, closing or demolition of buildings or structures that are unsafe or unfit for human habitation caused by conditions that are dangerous to the public health, safety and welfare.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The provisions of this chapter, technical codes and of the regulatory codes adopted in this Chapter shall apply to the following:

   A.   The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use, and occupancy of every building or structure or any appurtenances connected, attached, or used in connection with any such building or structure;

   B.   The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of building sewers, building drains, waste and vent systems, hot and cold water supply systems, and all fixtures and appurtenances;

   C.   The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel burning equipment, and appurtenances; and

   D.   The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The term technical codes shall mean the collective provisions of the North Carolina: Building, Accessibility, Plumbing, Electrical, Mechanical, Fire Prevention, Fuel Gas, Energy, Existing Buildings and Residential codes as adopted by the North Carolina Building Code Council, and the North Carolina Rehabilitation Code. The most recent edition, including all subsequent amendments, of the North Carolina Building Code, as adopted by the North Carolina Building Code Council is adopted by reference as fully as though set forth here to the extent such code is applicable for safe and stable design, methods of construction, minimum standards, and use of materials in building or structures erected, enlarged, altered, repaired, or otherwise constructed or reconstructed after adoption of this chapter. The following technical codes referenced include:

   A.   The most recent edition, including all subsequent amendments, of the North Carolina State Building Code, Volume LX, Existing Buildings, as adopted by the North Carolina Building Code Council is hereby adopted by reference as fully as though set forth here.

   B.   The most recent edition, including all subsequent amendments, of North Carolina Energy Code, as adopted by the North Carolina Building Code Council is hereby adopted by reference as fully as though set forth here.

   C.   The most recent Edition, including all subsequent amendments, of the North Carolina Residential Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.

   D.   The most recent edition, including all subsequent amendments, of the North Carolina Rehabilitation Code (NCRC) is hereby adopted by reference as fully as though set forth here.

   E.   The most recent edition, including all subsequent amendments, of the North Carolina Plumbing Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.

   F.   The most recent edition, including all subsequent amendments, of the North Carolina Mechanical Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.

   G.   The most recent edition, including all subsequent amendments, of the North Carolina Electrical Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.

   H.   The National Manufactured Home Construction and Safety Standards Act of 1974 U.S.C. 55401 et seq. and the regulations in 24 CFR Part 3280 adopted pursuant thereto, including all their subsequent amendments, are hereby adopted by reference as fully as though set forth here.

   I.   The most recent edition, including all subsequent amendments, of the North Carolina Fuel Gas Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.

   J.   Appendix D-Fire Districts, of the North Carolina Building Code is hereby adopted by reference as fully as though set forth here and shall be enforced as part of this chapter.

   K.   The most recent edition, including all subsequent amendments, of Volume II-C, "Making Buildings and Facilities Accessible to and Usable by Persons with Disabilities," the Accessibility Code, as adopted by the North Carolina Building Code Council, is hereby adopted by reference as fully as though set forth here.

   L.   The most recent edition, including all subsequent amendments, of "State of North Carolina Regulations for Manufactured/Mobile Homes" as adopted by the North Carolina Commissioner of Insurance is hereby adopted by reference as fully as though set forth here.

   M.   The most recent edition, including all subsequent amendments, of North Carolina Fire Prevention Code, as adopted by the North Carolina State Building Code Council, is hereby adopted by reference as fully as though set forth here.

   N.   The most recent edition, including all subsequent amendments, of "Floodproofing Regulations" as prepared and published by the office of the Chief of Engineers, U.S. Army, Washington, D.C. is hereby adopted by reference as fully as though set forth here to the extent said regulations are applicable for safe and stable design, methods of construction, minimum standards, and use of materials in buildings or structures hereafter erected, enlarged, altered, repaired, or otherwise constructed or reconstructed in flood hazard areas.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   All buildings or structures and connected appurtenances which are constructed, reconstructed, erected, altered, extended, enlarged, repaired, altered, occupied, used, demolished, or moved shall conform to the requirements, minimum standards, and other provisions of either the North Carolina Building Code, or the North Carolina Residential Code, whichever is applicable, or both if both are applicable. Where the provisions of this Chapter conflict with any of the technical codes listed above, the more restrictive provisions shall apply.

   B.   Every building or structure intended for human habitation, occupancy, or use shall have plumbing, plumbing systems, or plumbing fixtures installed, constructed, altered, extended, repaired, or reconstructed in accordance with the minimum standards, requirements, and other provisions of the North Carolina Plumbing Code.

   C.   All mechanical systems consisting of heating, ventilating, air conditioning or refrigeration systems, fuel- burning equipment, incinerators, and other energy-related systems, their fittings, appliances, fixtures, and appurtenances shall be installed, erected, altered, replaced, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina State Mechanical Code.

   D.   All electrical wiring, installations and appurtenances shall be erected, altered, repaired, used, and maintained in accordance with the minimum standards, requirements, and other provisions of the North Carolina Electrical Code.

   E.   All construction, alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances made or installed to any building or structure, other than one and two-family dwellings and townhouses, shall conform to the provisions of the North Carolina Accessibility Code.

   F.   The installation of gas piping systems extending from the point of delivery to the inlet connections of equipment served, and the installation and operation of residential and commercial gas appliances and related accessories shall conform to the provisions of the North Carolina Fuel Gas Code.

   G.   All manufactured housing shall be constructed, repaired, altered, installed, erected, replaced, or moved to another site in conformance with the provisions of the National Manufactured Housing Construction and Safety Standards Act and the State of North Carolina procedural and reference codes for mobile homes, modular dwelling units, and other factory building structures, and all regulations adopted pursuant thereto.

   H.   All construction, alterations, repairs, replacement, equipment, and maintenance hereinafter made or installed to any building or structure, other than one- and two-family dwelling and townhouses, shall conform to the provisions of the North Carolina Fire Prevention Code.

   I.   The thermal envelope of the building and installation of energy systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances, ventilation, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems shall conform to the provisions of the North Carolina Energy Code.

   J.   All alterations, repairs, replacement, rehabilitation or change of occupancy of any existing building shall conform to applicable provisions of the North Carolina Building Code Volume IX - Existing Buildings or other applicable technical codes.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   An official copy of each regulatory code and technical code adopted in this chapter, and official copies of all amendments, shall be kept on file in the planning and development department. Such copies shall be the official copies and the codes and amendments.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   The planning and development department shall inspect all buildings and structures and work therein for which a permit of any kind has been issued as often as necessary in order to determine whether the work complies with this chapter and the appropriate codes.

   B.   When deemed necessary by the Building Inspector, materials and assemblies may be inspected at the point of manufacture or fabrication, or inspections may be made by approved and recognized inspection organizations; provided, no approval shall be based upon reports of such organizations unless they are in writing and certified by a responsible officer of such organization.

   C.   All holders of permits shall notify the planning and development department and the Building Inspector at each of the following stages of construction so that approval may be given before work is continued:

      1.   Foundation inspection. To be made after trenches are excavated and the necessary reinforcement and forms are in place, and before concrete is placed. Drilled footings, piles, and similar types of foundations shall be inspected as installed.

      2.   Framing inspection. To be made after all structural framing is in place and all roughing-in of plumbing and electrical and heating installations have been installed, after all fire blocking, chimneys, bracing and vents are installed, but before any of the structure is enclosed or covered. Poured in place concrete structural elements shall be inspected before each pour of any structural member.

      3.   Fireproofing inspection. To be made after all areas required to be protected by fireproofing are lathed, but before the plastering or other fireproofing is applied.

      4.   Final inspection. To be made after building or structure has all doors hung, fixtures set, and ready for occupancy, but before the building is occupied.

   D.   Requests for inspections may be made to the office of the inspection department or to the Building Inspector. The inspection department shall make inspections as soon as practicable after a request is made, provided such work is ready for inspection at the time the request is made.

   E.   Reinspections may be made at the convenience of the Inspector. No work shall be inspected until it is in proper and completed condition ready for inspection. All work which has been concealed before the inspection and approval shall be uncovered at the request of the Inspector and placed in condition for proper inspection. Approval or rejection of the work shall be furnished by the Building Inspector in the form of a notice posted on the building or given to the permit holder. Failure to call for inspections or proceeding without approval at each stage of construction shall be deemed a violation of this chapter.

   F.   Where the applicant for a permit proposes to erect any building or structure on the line of any street, alley, or other public place, he shall secure a survey of the line of such street, alley or other public place, adjacent to the property upon which such building or structure is to be erected before proceeding with construction of such building or structure. It shall be the duty of the Building Inspector to see that the building does not encroach upon such street, alley, or other public place.

   G.   No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the planning and development department has issued a certificate of occupancy therefor. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building. Application for a certificate of occupancy may be made by the owner or his agent after all final inspections have been made for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this chapter, the appropriate regulatory codes and the zoning ordinance for the occupancy intended. The planning and development department shall issue a certificate of occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of this chapter, the regulatory codes, and the zoning ordinance for the occupancy intended.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   A land development permit shall be required, in conformance with the provisions of the UDO, prior to the commencement of any construction, reconstruction, alteration, repair, removal, or demolition of any building or other structure, or any part thereof, or the subdivision, or use of land, building, or structure.

   B.   A permit shall not be issued until development plans and associated information required pursuant to chapter three, article one common review procedures that demonstrates full compliance with the UDO.

   C.   A building permit for alteration, repair, or construction of any building or structure shall not be issued until a zoning compliance permit has first been issued.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A building permit shall not be required under the following conditions:

   A.   The connection of a water heater in a one- or two-family dwelling unit that is being replaced, provided that the work is performed by a person licensed under G.S. § 87-21, who personally examines the work at completion and ensures that a leak test has been performed on the gas piping, and provided the energy use rate or thermal input is not greater than that of the water heater which is being replaced, there is no change in fuel, energy source, location, capacity, or routing or sizing of venting and piping, and the replacement is installed in accordance with the current edition of the State Building Code.

   B.   The repair or replacement of electrical lighting fixtures or devices in a one- or two-family dwelling unit, such as receptacles and lighting switches, or for the connection of an existing branch circuit to an electric water heater that is being replaced, provided that all of the following requirements are met:

      1.   With respect to electric water heaters, the replacement water heater is placed in the same location and is of the same or less capacity and electrical rating as the original.

      2.   With respect to electrical lighting fixtures and devices, the replacement is with a fixture or device having the same voltage and the same or less amperage.

      3.   The work is performed by a person licensed under G.S. § 87-43.

      4.   The repair or replacement installation meets the current edition of the State Building Code, including the State Electrical Code.

   C.   The installation, maintenance, or replacement of any load control device or equipment by an electric power supplier, as defined in G.S. § 62-133.8, or an electrical contractor contracted by the electric power supplier, so long as the work is subject to supervision by an electrical contractor licensed under Article 4 of Chapter 87 of the General Statutes. The electric power supplier shall provide such installation, maintenance, or replacement in accordance with:

      1.   An activity or program ordered, authorized, or approved by the North Carolina Utilities Commission pursuant to G.S. § 62-133.8 or G.S. § 62-133.9; or

      2.   A similar program undertaken by a municipal electric service provider, whether the installation, modification, or replacement is made before or after the point of delivery of electric service to the customer. The exemption under this subdivision applies to all existing installations.

   D.   Pursuant to G.S. Chapter 143 Articles 9 and 9C, no permit shall be required for any construction, installation, repair, replacement, or alteration performed in accordance with the current edition of the North Carolina State Building Code and costing fifteen thousand dollars ($15,000) or less in any single-family residence or farm building unless the work involves any of the following:

      1.   The addition, repair or replacement of load bearing structures. However, no permit is required for replacements of windows, doors, exterior siding, or the pickets, railings, stair treads, and decking of porches and exterior decks.

      2.   The addition or change in the design of plumbing. However, no permit is required for replacements otherwise meeting the requirements of this subsection that do not change size or capacity.

      3.   The addition, replacement or change in the design of heating, air conditioning, or electrical wiring, devices, appliances, or equipment, other than like-kind replacement of electrical devices and lighting fixtures.

      4.   The use of materials not permitted by the North Carolina Residential Code for One and Two- Family Dwellings.

      5.   The addition, excluding replacement, of roofing.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Written application shall be made for all permits required by this chapter. Such application shall be made by the owner of the building or structure affected or by his authorized agent or representative, and in addition to such other information as may be required by the building inspector to enable them to determine whether the permit applied for should be issued, shall show the following:

   A.    Name, residence, and business address of owner;

   B.   Name, residence, and business of authorized representative or agent, if any; and

   C.   Name and address of the contractor, if any, together with evidence that he has obtained a certificate from the appropriate state licensing board for such contractors, if such be required for the work involved in the permit for which application is made.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Detailed plans and specifications shall accompany each application for permit for any building or structure where plans and specifications are deemed necessary by the Building Inspector in order for him or her to determine whether the proposed work complies with the appropriate regulatory codes. Plans shall be drawn to scale with sufficient clarity to indicate the nature and extent of the work proposed, and the plans and specifications together shall contain information sufficient to indicate that the work proposed will conform to the provisions of this chapter and the appropriate regulatory codes. Where plans and specifications are required, a copy of them shall be kept at the work site until all authorized operations have been completed and approved by the Building Inspector.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   No building permit shall be issued for any building or structure the estimated total cost of which is more than thirty thousand dollars ($30,000.00) unless the work is to be performed by a licensed general contractor or meets the requirements of G.S. § 160D-1110.

   B.   No building permit shall be issued for any building or structure, other than a one (1) or two (2) family dwelling, the estimated total cost of which is more than ninety thousand dollars ($90,000.00) unless the plans bear the state seal of a registered architect or a registered engineer.

   C.   Where any provision of the state statutes or of any ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for such work shall be issued unless it is to be performed by such licensed specialty contractor.

   D.   Where detailed plans and specifications are required under this chapter, no building permit shall be issued unless such plans and specifications have been provided.

   E.   No permit shall be issued for any land-disturbing activity, as defined in G.S. § 113A-52(6), for any activity covered by G.S. § 113A-57, unless an erosion and sedimentation control plan has been approved by the Sedimentation Pollution Control Commission pursuant to G.S. § 113A-54(d)(4) or by a local government pursuant to G.S. § 113A-61 for the site of the activity or a tract of land including the site of the activity.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   When proper application for a permit has been made, and the Building Inspector is satisfied that the application and the proposed work comply with the provisions of this chapter and the appropriate regulatory codes, they shall issue such permit upon payment of the proper fee as adopted by the Marion City Council.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The Building Inspector may revoke and require the return of any permit by notifying the permit holder in writing stating the reason for such revocation. Permits shall be revoked for:

   A.   Any material departure from the approved application, plans, or specifications;

   B.   Refusal or failure to comply with proper orders of the inspector;

   C.   Refusal or failure to comply with requirements of this chapter and the appropriate regulatory codes; or

   D.   False statements or misrepresentations made in securing such permit.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Unless otherwise stated, all permits issued under this chapter shall expire by limitation six (6) months after the date of issuance if the work authorized by the permit has not been commenced. If after commencement the work is discontinued for a period of twelve (12) months, the permit therefor shall immediately expire. No work authorized by any permit which has expired shall thereafter be performed until a new permit therefor has been secured.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   After a permit has been issued, no changes or deviations from the terms of the application and permit, or changes or deviations from the plans or specifications involving any work under the jurisdiction of this chapter or of any regulatory code adopted herein except where changes or deviations are clearly permissible under the state building code shall be made until specific written approval of such changes or deviations has been obtained from the Building Inspector.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The following definitions shall apply in the interpretation and enforcement of this chapter.

   Basement shall mean a portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

   Board shall mean the board of adjustment.

   Cellar shall mean a portion of a building located partly or wholly underground having a limited access to light and air from windows located partly or wholly below the level of the adjoining ground.

   Deteriorated shall mean that a dwelling is unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this article, at a cost not in excess of 50 percent of its value, as determined by finding of the Inspector.

   Dilapidated shall mean that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this chapter, at a cost not in excess of 50 percent of its value, as determined by finding of the Inspector.

   Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

   Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

   Extermination shall mean the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the Inspector.

   Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

   Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding a bathroom, laundry room, heater room, foyer or hallway, closet and storage space.

   Human Habitation shall mean a place designed and constructed in accordance with state and local building codes for the intent of person(s) to dwell or reside.

   Building Inspector shall mean an authorized agent of the City of Marion with the power and authority to interpret and enforce the provisions of the City of Marion development regulations and the North Carolina Building Code.

   Infestation shall mean the presence, within or around a dwelling, of any insects, rodents or other pests in such number as to constitute a menace to the health, safety or welfare of the occupants or to the public.

   Meaning of certain words. Whenever the words "dwelling, dwelling unit, rooming house, rooming unit, premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part hereof."

   Multiple dwelling shall mean any dwelling containing more than two dwelling units.

   Occupant shall mean any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.

   Operator shall mean any person who has charge, care or control of a building or part thereof, in which dwelling units or rooming units are let.

   Owner shall mean any person who alone, or jointly, or severally with others:

   A.   Shall have title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

   B.   Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant to the provisions of this chapter to the same extent as if he were the owner.

   Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to a water, sewer or gas line.

   Public authority shall mean the Building Inspector.

   Room (bedroom) shall mean any room or group of rooms in a dwelling forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

   Rooming house shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more occupants who are not spouse, child, parent, or sibling of the owner or operator.

   Supplied shall mean paid for, furnished, or provided by, or under the control of, the owner or operator.

   Temporary housing shall mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

   Trash (Rubbish) shall mean combustible and noncombustible waste materials, except garbage and ashes, and the term shall include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust.

   Unfit for human habitation shall mean that conditions exist in a dwelling which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Designation of Unsafe Buildings. Every building that shall appear to the public officer to be especially dangerous to life because of its liability to fire or because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating systems, inadequate means of egress, or other causes shall be held to be unsafe, and the public officer shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building.

   B.   Nonresidential Building or Structure. In addition to the authority granted in Sec. 7-3.10, a public officer may declare a nonresidential building or structure within a community development target area to be unsafe if it meets all of the following conditions:

      1.   It appears to the public officer to be vacant or abandoned.

      2.   It appears to the public officer to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, or fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities that would constitute a public nuisance.

   C.   Notice Posted on Structure. If a public officer declares a nonresidential building or structure to be unsafe under subsection (B) of this section, the public officer.

   D.   Must affix a notice of the unsafe character of the structure to a conspicuous place on the exterior wall of the building. For the purposes of this section, the term "community development target area" means an area that has characteristics of an urban progress zone pursuant to G.S. 143B-437.09, a "nonresidential redevelopment area" under G.S. 160A-503(10), or an area with similar characteristics designated by the City Council as being in special need of revitalization for the benefit and welfare of its citizens.

   E.   Applicability to Residential Structures. The City Council may expand subsections (B) and (C) of this section to apply to residential buildings by holding a legislative hearing to adopt an ordinance after providing public notice pursuant to G.S. 160D-601.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   If any person shall remove any notice that has been affixed to any building or structure by a public officer of any local government and that states the dangerous character of the building or structure, that person shall be guilty of a Class 1 misdemeanor.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   If the owner of a building or structure that has been condemned as unsafe pursuant to G.S. 160D-1119 fails to take prompt corrective action, the public officer shall give written notice, by certified mail to the owner's last known address or by personal service, of all of the following:

   A.   That the building or structure is in a condition that appears to meet one or more of the following conditions:

      1.   Constitutes a fire or safety hazard.

      2.   Is dangerous to life, health, or other property.

      3.   Is likely to cause or contribute to blight, disease, vagrancy, or danger to children.

      4.   Has a tendency to attract persons intent on criminal activities or other activities that would constitute a public nuisance.

   B.   That an administrative hearing will be held before the public officer at a designated place and time, not later than 10 days after the date of the notice, at which time the owner will be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter.

   C.    Following the administrative hearing, the public officer may issue such order to repair, close, vacate, or demolish the building or structure as appears appropriate.

   If the name or whereabouts of the owner cannot, after due diligence, be discovered, the notice shall be considered properly and adequately served if a copy is posted on the outside of the building or structure in question at least 10 days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the local government's area of jurisdiction at least once not later than one week prior to the hearing.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   If, upon a hearing held pursuant to the notice prescribed in G.S. 160D-1119, the public officer shall find that the building or structure is in a condition that constitutes a fire or safety hazard or renders it dangerous to life, health, or other property, the public officer shall make an order in writing, directed to the owner of such building or structure, requiring the owner to remedy the defective conditions by repairing, closing, vacating, or demolishing the building or structure or taking other necessary steps, within such period, not less than 60 days, as the public officer may prescribe, provided that where the public officer finds that there is imminent danger to life or other property, the public officer may order that corrective action be taken in such lesser period as may be feasible.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Any owner who has received an order under G.S. 160D-1122 may appeal from the order to the governing board by giving notice of appeal in writing to the public officer and to the local government clerk within 10 days following issuance of the order. In the absence of an appeal, the order of the public officer is final. The City Council shall hear an appeal in accordance with G.S. 160D-406 and render a decision within a reasonable time. The City Council may affirm, modify and affirm, or revoke the order.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   If the owner of a building or structure fails to comply with an order issued pursuant to G.S. 160D-1122 from which no appeal has been taken or fails to comply with an order of the governing board following an appeal, the owner is guilty of a Class 1 misdemeanor.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Action Authorized. Whenever any violation is denominated a misdemeanor under the provisions of this Article, the City Council may authorize, either in addition to or in lieu of other remedies, the initiation of 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.   Removal of Building. In the case of a building or structure declared unsafe under G.S. 160D-1119 or an ordinance adopted pursuant to G.S. 160D-1119, the City Council may, in lieu of taking action under subsection (A) of this section, cause the building or structure to be removed or demolished. The amounts incurred by the City in connection with the removal or demolition are a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in Article 10 of Chapter 160A of the General Statutes. If the building or structure is removed or demolished by the City, the City shall sell the usable materials of the building and any personal property, fixtures, or appurtenances found in or attached to the building. The City shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the McDowell County Clerk of Superior Court and shall be disbursed by the court to the person found to be entitled thereto by final order or decree of the court.

   C.   Additional Lien. The amounts incurred by the City in connection with the removal or demolition are also a lien against any other real property owned by the owner of the building or structure and located within the City's planning and development regulation jurisdiction, and within one mile of the city limits, except for the owner's primary residence. The provisions of subsection (B) of this section apply to this additional lien, except that this additional lien is inferior to all prior liens and shall be collected as a money judgment.

   D.   Nonexclusive Remedy. Nothing in this section shall be construed to impair or limit the power of the City to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The planning and development department shall keep complete and accurate records in convenient form of all applications received, permits issued, inspections and reinspections made, defects found, certificates of compliance or occupancy granted, and all other work and activities of the department. These records shall be kept in the manner and for the periods prescribed by the Department of Natural and Cultural Resources. Periodic reports shall be submitted to the City Council and to the Commissioner of Insurance as they shall by ordinance, rule, or regulation require.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Unless otherwise provided by law, appeals from any order, decision, or determination by a public officer pertaining to the State Building Code or other State building laws shall be taken to the Commissioner of Insurance or the Commissioner's designee or other official specified in G.S. 143-139 by filing a written notice with the Commissioner and with the planning and development department within a period of ten (10) calendar days after the order, decision, or determination. Further appeals may be taken to the State Building Code Council or to the courts as provided by law.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Authority. Pursuant to the authority provided in G.S. 160D-1129, the City Council authorizes the Planning and Development Director to serve as the public officer in exercising and enforcing regulations within the City's planning and development regulation jurisdiction relating to nonresidential buildings or structures that fail to meet minimum standards of maintenance, sanitation, and safety established to address conditions that are dangerous and injurious to public health, safety, and welfare and under which a public necessity exists for the repair, closing, or demolition of such buildings or structures. Pursuant to subsection (L) below, the Planning and Development Director may delegate any of the public officer's functions and powers under the ordinance to other officers and agents.

   B.   Investigation. Whenever it appears to the public officer that any nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public are jeopardized for failure of the property to meet the minimum standards established the City Council, the public officer shall undertake a preliminary investigation. If entry upon the premises for purposes of investigation is necessary, such entry shall be made pursuant to a duly issued administrative search warrant in accordance with G.S. 15-27.2 or with permission of the owner, the owner's agent, a tenant, or other person legally in possession of the premises.

   C.   Complaint and Hearing. If the preliminary investigation discloses evidence of a violation of the minimum standards, the public officer shall issue and cause to be served upon the owner of and parties in interest in the nonresidential building or structure a complaint. The complaint shall state the charges and contain a notice that an administrative hearing will be held before the Chief Building Official, or their designated agent, at a place within the city scheduled not less than 10 days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given the right to answer the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity are not controlling in hearings before the public officer.

   D.   Order. If, after notice and hearing, the public officer determines that the nonresidential building or structure has not been properly maintained so that the safety or health of its occupants or members of the general public is jeopardized for failure of the property to meet the minimum standards established by the City Council, the public officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. The order may require the owner to take remedial action, within a reasonable time specified, subject to the procedures and limitations set forth in subsection (E) below.

   E.   Limitations on Orders.

      1.   An order may require the owner to repair, alter, or improve the nonresidential building or structure in order to bring it into compliance with the minimum standards established by the City Council or to vacate and close the nonresidential building or structure for any use.

      2.   An order may require the owner to remove or demolish the nonresidential building or structure if the cost of repair, alteration, or improvement of the building or structure would exceed fifty percent (50%) of its then current value. Notwithstanding any other provision of law, if the nonresidential building or structure is designated as a local historic landmark, listed in the National Register of Historic Places, or located in a locally designated historic district or in a historic district listed in the National Register of Historic Places and the City Council determines, after an administrative hearing, that the nonresidential building or structure is of individual significance or contributes to maintaining the character of the district, and the nonresidential building or structure has not been condemned as unsafe, the order may require that the nonresidential building or structure be vacated and closed until it is brought into compliance with the minimum standards established by the City Council.

      3.   An order may not require repairs, alterations, or improvements to be made to vacant manufacturing facilities or vacant industrial warehouse facilities to preserve the original use. The order may require such building or structure to be vacated and closed, but repairs may be required only when necessary to maintain structural integrity or to abate a health or safety hazard that cannot be remedied by ordering the building or structure closed for any use.

   F.   Action by City Council Upon Failure to Comply with Order.

      1.   If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the nonresidential building or structure, the City Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this section with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the building or structure to be repaired, altered, or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any nonresidential building or structure so closed a placard with the following words: "This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful." Any person who occupies or knowingly allows the occupancy of a building or structure so posted is guilty of a Class 3 misdemeanor.

      2.   If the owner fails to comply with an order to remove or demolish the nonresidential building or structure, the City Council may adopt an ordinance ordering the public officer to proceed to effectuate the purpose of this section with respect to the particular property or properties that the public officer found to be jeopardizing the health or safety of its occupants or members of the general public. No ordinance shall be adopted to require demolition of a nonresidential building or structure until the owner has first been given a reasonable opportunity to bring it into conformity with the minimum standards established by the City Council. The property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the register of deeds and shall be indexed in the name of the property owner or owners in the grantor index. Following adoption of an ordinance, the public officer may cause the building or structure to be removed or demolished.

   G.   Action by City Council Upon Abandonment of Intent to Repair. If the City Council has adopted an ordinance or the public officer has issued an order requiring the building or structure to be repaired or vacated and closed and the building or structure has been vacated and closed for a period of two years pursuant to the ordinance or order, the City Council may make findings that the owner has abandoned the intent and purpose to repair, alter, or improve the building or structure and that the continuation of the building or structure in its vacated and closed status would be inimical to the health, safety, and welfare of the City in that it would continue to deteriorate, would create a fire or safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, or would cause or contribute to blight and the deterioration of property values in the area. Upon such findings, the City Council may, after the expiration of the two-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

      1.   If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards is less than or equal to fifty percent (50%) of its then current value, the ordinance shall require that the owner either repair or demolish and remove the building or structure within 90 days.

      2.   If the cost to repair the nonresidential building or structure to bring it into compliance with the minimum standards exceeds fifty percent (50%) of its then current value, the ordinance shall require the owner to demolish and remove the building or structure within 90 days.

   In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five years before the City Council may take action under this subsection. The ordinance shall be recorded in the McDowell County Office of the Register of Deeds and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with the ordinance, the public officer shall effectuate the purpose of the ordinance.

   H.   Service of Complaints and Orders. Complaints or orders issued by the public officer pursuant to an ordinance adopted under this section shall be served upon persons either personally or by certified mail so long as the means used are reasonably designed to achieve actual notice. 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 refused but the regular mail is not returned by the post office within ten (10) 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 public officer in the exercise of reasonable diligence and the public officer makes an affidavit to that effect, 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 local government at least once no later than the time that personal service would be required under this section. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.

   I.   Liens.

      1.   The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the public officer are 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 Article 10 of Chapter 160A of the General Statutes.

      2.   The amount of the costs is also a lien on any other real property of the owner located within the city limits except for the owner's primary residence. The additional lien provided in this subdivision is inferior to all prior liens and shall be collected as a money judgment.

      3.   If the nonresidential building or structure is removed or demolished by the public officer, the public officer shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the public officer, 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 the City Council to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

   J.   Ejectment. If any occupant fails to comply with an order to vacate a nonresidential building or structure, the public officer may file a civil action in the name of the City of Marion to remove the occupant. The action to vacate is in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying the nonresidential building or 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 (10) 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 public officer produces a certified copy of an ordinance adopted by the City Council pursuant to subsection (F) of this section to vacate the occupied nonresidential building or structure, the magistrate shall enter judgment ordering that the premises be vacated and all persons be removed. The judgment ordering that the nonresidential building or structure 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 under this subsection by the magistrate may be taken as provided in G.S. 7A-228, and the execution of the judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a nonresidential building or structure who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this subsection unless the occupant was served with notice, at least 30 days before the filing of the summary ejectment proceeding, that the City Council has ordered the public officer to proceed to exercise his or her duties under subsection (F) of this section to vacate and close or remove and demolish the nonresidential building or structure.

   K.   Civil Penalty. The City Council may impose civil penalties against any person or entity that fails to comply with an order entered pursuant to this section. However, the imposition of civil penalties does not limit the use of any other lawful remedies available to the City Council for the enforcement of any ordinances adopted pursuant to this section.

   L.   Supplemental Powers. The powers conferred by this section are supplemental to the powers conferred by any other law. An ordinance adopted by the City of Marion may authorize the public officer to exercise any powers necessary or convenient to carry out and effectuate the purpose and provisions of this section, including the following powers in addition to others herein granted:

      1.   To investigate nonresidential buildings and structures in the local government's planning and development regulation jurisdiction to determine whether they have been properly maintained in compliance with the minimum standards so that the safety or health of the occupants or members of the general public are not jeopardized.

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

      3.   To enter upon premises pursuant to subsection (B) of this section for the purpose of making examinations in a manner that will do the least possible inconvenience to the persons in possession.

      4.   To appoint and fix the duties of officers, agents, and employees necessary to carry out the purposes of the ordinances adopted by the City of Marion.

      5.   To delegate any of the public officer's functions and powers under the ordinance to other officers and agents.

   M.   Appeals. The City Council may provide that appeals may be taken from any decision or order of the public officer to the City's housing appeals board or board of adjustment. Any person aggrieved by a decision or order of the public officer has the remedies provided in G.S. 160D-1208.

   N.   Funding. The City Council is authorized to make appropriations from its revenues necessary to carry out the purposes of this section and may accept and apply grants or donations to assist in carrying out the provisions of the ordinances adopted by the City Council.

   O.   No Effect on Just Compensation for Taking by Eminent Domain. Nothing in this section 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.

   P.   Definitions. As used in this section, the following definitions apply:

      1.   Parties in interest. - All individuals, associations, and corporations who have interests of record in a nonresidential building or structure and any who are in possession thereof.

      2.   Vacant industrial warehouse. - Any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one year and has not been converted to another use.

      3.   Vacant manufacturing facility. - Any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least one year and has not been converted to another use.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Petition to Appoint a Receiver. The City Council may petition the superior court for the appointment of a receiver to rehabilitate, demolish, or sell a vacant building, structure, or dwelling upon the occurrence of any of the following, each of which is deemed a nuisance per se:

      1.   The owner fails to comply with an order issued pursuant to G.S. 160D-1122, related to building or structural conditions that constitute a fire or safety hazard or render the building or structure dangerous to life, health, or other property, from which no appeal has been taken.

      2.   The owner fails to comply with an order of the city following an appeal of a public officer's order issued pursuant to G.S.160D-1122.

      3.   The City Council adopts any ordinance pursuant to subdivision (f)(1) of G.S. 160D-1129, related to nonresidential buildings or structures that fail to meet minimum standards of maintenance, sanitation, and safety, and orders a public officer to continue enforcement actions prescribed by the ordinance with respect to the named nonresidential building or structure. The public officer may submit a petition on behalf of the City to the superior court for the appointment of a receiver, and if granted by the superior court, the petition shall be considered an appropriate means of complying with the ordinance. In the event the superior court does not grant the petition, the public officer and the City Council may take action pursuant to the ordinance in any manner authorized in G.S. 160D-1129.

      4.   The owner fails to comply with an order to repair, alter, or improve, remove, or demolish a dwelling issued under G.S. 160D-1203, related to dwellings that are unfit for human habitation.

      5.   Any owner or partial owner of a vacant building, structure, or dwelling, with or without the consent of other owners of the property, submits a request to the City Council in the form of a sworn affidavit requesting the City Council to petition the superior court for appointment of a receiver for the property pursuant to this section.

   B.   Petition for Appointment of Receiver. The petition for the appointment of a receiver shall include all of the following:

      1.   A copy of the original violation notice or order issued by the city or, in the case of an owner request to the City Council for a petition for appointment of a receiver, a verified pleading that avers that at least one owner consents to the petition;

      2.   A verified pleading that avers that the required rehabilitation or demolition has not been completed; and

      3.   The names of the respondents, which shall include the owner of the property, as recorded with the McDowell County Office of the Register of Deeds, any mortgagee with a recorded interest in the property, and all other parties in interest, as defined in G.S. 160D-1202 (2). If the petition fails to name a respondent as required by this subsection, the proceeding may continue, but the receiver's lien for expenses incurred in rehabilitating, demolishing, or selling the vacant building, structure, or dwelling, as authorized by subsection (F) of this section, does not have priority over the lien of that respondent.

   C.   Notice of Proceeding. Within ten (10) days after filing the petition, the city shall give notice of the pendency and nature of the proceeding by regular and certified mail to the last known address of all owners of the property, as recorded with the McDowell County Office of the Register of Deeds, any mortgagee with a recorded interest in the property, and all other parties in interest, as defined in G.S. 160D-1202(2). Within 30 days of the date on which the notice was mailed, an owner of the property, as recorded with the McDowell County Office of the Register of Deeds, any mortgagee with a recorded interest in the property, and all other parties in interest, as defined in G.S. 160D-1202(2), may apply to intervene in the proceeding and to be appointed as receiver. If the City fails to give notice to any owner of the property, as recorded with the McDowell County Office of the Register of Deeds, any mortgagee with a recorded interest in the property, and all other parties in interest, as defined in G.S. 160D-1202(2), as required by this subsection, the proceeding may continue, but the receiver's lien for expenses incurred in rehabilitating, demolishing, or selling the vacant building, structure, or dwelling, as authorized by subsection (F) of this section, does not have priority over the lien of that owner, as recorded with the register of deeds, any mortgagee with a recorded interest in the property, and all other parties in interest, as defined in G.S. 160D-1202(2).

   D.   Appointment of Receiver. The court shall appoint a qualified receiver if the provisions of subsections (B) and (C) of this section have been satisfied. If the court does not appoint a person to rehabilitate or demolish the property pursuant to subsection (E) of this section, or if the court dismisses such an appointee, the court shall appoint a qualified receiver for the purpose of rehabilitating and managing the property, demolishing the property, or selling the property to a buyer. To be considered qualified, a receiver must demonstrate to the court:

      1.   The financial ability to complete the purchase or rehabilitation of the property,

      2.   The knowledge of, or experience in, the rehabilitation of vacant real property,

      3.   The ability to obtain any necessary insurance, and

      4.   The absence of any building code violations issued by the city on other real property owned by the person or any member, principal, officer, major stockholder, parent, subsidiary, predecessor, or others affiliated with the person or the person's business. No member of City Council or the public officer is qualified to be appointed as a receiver in that action. If, at any time, the court determines that the receiver is no longer qualified, the court may appoint another qualified receiver.

   E.   Rehabilitation Not by Receiver. The court may, instead of appointing a qualified receiver to rehabilitate or sell a vacant building, structure, or dwelling, appoint an owner or other party in interest in the property, as defined in G.S. 160D-1202, to rehabilitate or demolish the property if that person:

      1.   Demonstrates the ability to complete the rehabilitation or demolition within a reasonable time,

      2.   Agrees to comply with a specified schedule for rehabilitation or demolition, and

      3.   Posts a bond in an amount determined by the court as security for the performance of the required work in compliance with the specified schedule. After the appointment, the court shall require the person to report to the court on the progress of the rehabilitation or demolition, according to a schedule determined by the court. If, at any time, it appears to the city that the owner, mortgagee, or other person appointed under this subsection is not proceeding with due diligence or in compliance with the court-ordered schedule, the city may apply to the court for immediate revocation of that person's appointment and for the appointment of a qualified receiver. If the court revokes the appointment and appoints a qualified receiver, the bond posted by the owner, mortgagee, or other person shall be applied to the receiver's expenses in rehabilitating, demolishing, or selling the vacant building, structure, or dwelling.

   F.   Receiver Authority Exclusive. Upon the appointment of a receiver under subsection (D) of this section and after the receiver records a notice of receivership in the office of the McDowell County Register of Deeds that identifies the property, all other parties are divested of any authority to collect rents or other income from or to rehabilitate, demolish, or sell the building, structure, or dwelling subject to the receivership. Any party other than the appointed receiver who actively attempts to collect rents or other income from or to rehabilitate, demolish, or sell the property may be held in contempt of court and is subject to the penalties authorized by law for that offense. Any costs or fees incurred by a receiver appointed under this section and set by the court constitute a lien against the property, and the receiver's lien has priority over all other liens and encumbrances, except taxes or other government assessments.

   G.   Receiver's Authority to Rehabilitate or Demolish. In addition to all necessary and customary powers, a receiver appointed to rehabilitate or demolish a vacant building, structure, or dwelling has the right of possession with authority to do all of the following:

      1.   Contract for necessary labor and supplies for rehabilitation or demolition.

      2.   Borrow money for rehabilitation or demolition from an approved lending institution or through a governmental agency or program, using the receiver's lien against the property as security.

      3.   Manage the property prior to rehabilitation or demolition and pay operational expenses of the property, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the property.

      4.   Collect all rents and income from the property, which shall be used to pay for current operating expenses and repayment of outstanding rehabilitation or demolition expenses.

      5.   Manage the property after rehabilitation, with all the powers of a landlord, for a period of up to two years and apply the rent received to current operating expenses and repayment of outstanding rehabilitation or demolition expenses.

      6.   Foreclose on the receiver's lien or accept a deed in lieu of foreclosure.

   H.   Receiver's Authority to Sell. In addition to all necessary and customary powers, a receiver appointed to sell a vacant building, structure, or dwelling may do all of the following: (i) sell the property to the highest bidder at public sale, following the same presale notice provisions that apply to a mortgage foreclosure under Article 2A of Chapter 45 of the General Statutes, and (ii) sell the property privately for fair market value if no party to the receivership objects to the amount and procedure. In the notice of public sale authorized under this subsection, it is sufficient to describe the property by a street address and reference to the book and page or other location where the property deed is registered. Prior to any sale under this subsection, the applicants to bid in the public sale or the proposed buyer in the private sale shall demonstrate the ability and experience needed to rehabilitate the property within a reasonable time. After deducting the expenses of the sale, the amount of outstanding taxes and other government assessments, and the amount of the receiver's lien, the receiver shall apply any remaining proceeds of the sale first to the city's costs and expenses, including reasonable attorneys' fees, and then to the liens against the property in order of priority.

Any remaining proceeds shall be remitted to the property owner.

   I.   Receiver Forecloses on Lien. A receiver may foreclose on the lien authorized by subsection (F) of this section by selling the property subject to the lien at a public sale, following public notice and notice to interested parties in the manner as a mortgage foreclosure under Article 2A of Chapter 45 of the General Statutes. After deducting the expenses of the sale and the amount of any outstanding taxes and other government assessments, the receiver shall apply the proceeds of the sale to the liens against the property, in order of priority. In lieu of foreclosure, and only if the receiver has rehabilitated the property, an owner may pay the receiver's costs, fees, including reasonable attorneys' fees, and expenses or may transfer ownership in the property to either the receiver or an agreed upon third party for an amount agreed to by all parties to the receivership as being the property's fair market value.

   J.   Deed After Sale. Following the court's ratification of the sale of the property under this section, the receiver shall sign a deed conveying title to the property to the buyer, free and clear of all encumbrances, other than restrictions that run with the land. Upon the sale of the property, the receiver shall at the same time file with the court a final accounting and a motion to dismiss the action.

   K.   Receiver's Tenure. The tenure of a receiver appointed to rehabilitate, demolish, or sell a vacant building, structure, or dwelling shall extend no longer than two years after the rehabilitation, demolition, or sale of the property. Any time after the rehabilitation, demolition, or sale of the property, any party to the receivership may file a motion to dismiss the receiver upon the payment of the receiver's outstanding costs, fees, and expenses. Upon the expiration of the receiver's tenure, the receiver shall file a final accounting with the court that appointed the receiver.

   L.   Administrative Fee Charged. The city may charge the owner of the building, structure, or dwelling subject to the receivership an administrative fee that is equal to five percent (5%) of the profits from the sale of the building, structure, or dwelling or one hundred dollars ($100.00), whichever is less.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   It is hereby found and declared that there exist in this city dwelling units which are unfit for human habitation due to deterioration, dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, light and sanitary facilities, and due to other conditions rendering such dwellings unsafe or unsanitary, and dangerous and detrimental to the health, safety and morals, and otherwise harmful to the welfare of the residents of the city.

   B.   In order to protect the health, safety and welfare of the residents of the city this article hereby establishes and provides for administration of minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The following terms shall have the meanings whenever used or referred to as indicated when used in this Article unless a different meaning clearly appears from the context:

   Owner. The holder of the title in fee simple and every mortgagee of record.

   Parties in interest. All individuals, associations, and corporations who have interests of record in a dwelling and any who are in possession thereof.

   Public officer. The officer or officers who are authorized by ordinances adopted hereunder to exercise the powers prescribed by the ordinances and by this Article.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Shared/public areas. Every owner of a dwelling unit shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

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

   C.   Rubbish, garbage/trash. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities. In all cases the owner shall provide rubbish and garbage storage facilities on the property where the dwelling unit is located.

   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. O-21-06-15-5, §1, 6-15-21)

   A.   Every dwelling unit used for human habitation, or held for the use of human habitation, shall comply with the minimum standards of fitness for human habitation and all of the requirements of the Marion City Code.

   B.   No person shall occupy as owner-occupant, or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of this chapter.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Room sizes. Every dwelling unit shall contain at least the minimum room size in each habitable room as required by the state residential building code.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   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 and 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, handrails, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse, and are not missing integral components that insure safety.

   E.   Adequate facilities for egress 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, flashings, 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 hazard.

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

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Exterior foundation, walls, and roofs. Every foundation wall, exterior wall, and exterior roof shall be substantially weathertight 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, and 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 and doors. Every window, exterior door, basement or cellar door, and attic door shall be substantially weathertight, watertight, 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 and 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 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.   Egress. Every dwelling unit shall be provided with adequate means of egress as required by the city's building code.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Each dwelling unit shall be connected to a potable water supply and to the public sewer or other approved sewage disposal system.

   B.   Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, toilet, and adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

   C.   All plumbing fixtures shall meet the standards of the city's plumbing code and shall be maintained in a state of good repair and in good working order.

   D.   All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The toilet and tub or shower shall be located in a room or rooms affording privacy to the user.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Every dwelling and dwelling unit leased to one or more occupants shall have facilities for providing heat in accordance with either subsection (A) or (B) of this section.

   A.   Central and electric heating systems. Every dwelling shall have a central or electric heating system or sufficient chimneys, flues, or gas vents, with heating appliances connected and shall be of sufficient capacity so as to heat at least one habitable room, excluding kitchen, in every unit to which it is connected with a minimum temperature of 68 degrees Fahrenheit measured at a point three feet above the floor with an outside temperature of 20 degrees Fahrenheit.

   B.   Other heating facilities. Portable kerosene heaters are not acceptable as a permanent source of heat as required by subsection (A) of this section but may be used as a supplementary source in single family dwellings and duplex units. An owner who has complied with subsection (A) shall not be held in violation of this section where the occupant of a dwelling uses a kerosene heater as a primary source of heat.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the load required in accordance with the state electrical code.

   B.   Every dwelling unit shall be wired for electric lights and convenience receptacles. Every habitable room shall contain at least two floor or wall-type electric convenience receptacles, connected in such manner as determined by the state electrical code. There shall be installed in every bathroom, laundry room and furnace room at least one supplied ceiling, or wall-type electric light fixture. If wall or ceiling light fixtures are not provided in any habitable room, then each such habitable room shall contain at least three floor or wall-type electric convenience receptacles in safe and working condition.

   C.   All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the state electrical code.

   D.   No extension cords shall be spliced or used as fixed wiring of a dwelling. Electrical odor, flickering lights, visibly frayed wiring, broken switch plates or outlets or failure of circuit tester check shall be evidence of an unsafe electrical system.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Extermination. 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 is caused by failure of the owner to maintain a dwelling in a rodent-proof and reasonably insect-proof condition, extermination shall be the responsibility of the owner. 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.

   B.   Rubbish/garbage storage and disposal. Every dwelling unit shall be supplied with facilities for the storage of rubbish as required by city ordinances, and the owner, operator or agent in control of such dwelling unit shall be responsible for the removal of rubbish.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Every dwelling unit shall be provided, by the owner, an approved smoke detector on each level of the dwelling and in all stairwells, hallways, and other common areas of multiple unit dwellings. A dwelling unit that utilizes gas shall also be provided with a carbon monoxide detector. Detectors shall be installed in accordance with the manufacturer's recommendations and listing and when activated shall provide an audible alarm. The detector shall be listed in accordance with Underwriters Laboratories Listing 217 ("Single and Multiple Station Smoke Detectors"). Safety standards for detectors recommend that these should be tested on an annual basis at a minimum.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   No owner of any dwelling or dwelling unit shall 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 Building Inspector duly made and served as provided in this chapter, within the time specified in the order, and each day that the failure, neglect, or refusal to comply with the order continues shall constitute a separate and distinct offense. No owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to Sec. 7-4.20 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, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.

   B.    The violation of any provision of this article shall constitute a Class 1 misdemeanor, as provided by G.S. § 14-4.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Pursuant to G.S. 160D-1119 and G.S. 160D-1129 a residential or non-residential building or structure shall be declared by the Chief Building Official to be unsafe and dangerous and injurious to public health, safety, and welfare, if the Inspector finds any of the following conditions exist:

   A.   No operating heating facilities that would maintain a minimum room temperature of 68 degrees at a point three feet from the floor in all habitable rooms (residential only).

   B.   No working potable water supply.

   C.   No working hot water supply (residential only).

   D.   No electricity supplied to the building or structure (residential only).

   E.   Presence of overloaded, non-isolated electrical circuits, or unsafe or exposed electrical wiring.

   F.   Lack of properly functioning sanitary facilities.

   G.   The presence of raw sewage or open sewer inside the building or structure whether from broken or plugged fixtures or pipes inside the building or structure, or migrating into the building or structure from the outside, or the presence of inadequate ventilation of sewer systems.

   H.   Presence of unsafe structural conditions:

      1.   Foundations, foundation walls, piers or other foundation supports; exterior walls, interior structural walls, joists, rafters, sills, floors, and other structural members which are not capable of supporting the load which normal use would cause to be placed thereon;

      2.   Roofs, flashing, exterior walls, basement walls, foundation walls, floors, exterior doors, windows, which are not maintained so as to be in good condition;

      3.   The ground used as a floor or any wood floors that are placed on the ground (residential only);

      4.   Outside or inside stairs, steps, porches, landings and other parts or appurtenances which are in such donation as may increase the hazards of collapse, tripping, falling, rodent or pest infestation, fire or otherwise endanger the health or safety of the occupants, including broken windows; or

      5.   Lack of exterior doors or exterior doors that lack deadbolt lock and dead-latch having the ability to retract by a single action (residential only).

   I.   Presence of uncontained flammable or combustible liquids or gases, poisonous solids, liquids or gases that threaten life or health and that are the property of the owner or owner's agent.

   J.   Missing portion of roof or ceiling which allows rain or weather, severe bulging, or large amounts of loose or falling surface materials such as plaster.

   K.   Chimneys and other heating systems that do not meet minimum standards.

   L.   The building is a physical threat due to the immediate possibility of collapse.

   M.   The primary means of exit in the event of emergency is structurally unsafe.

   N.   Interior wall sheathing or sheeting that is not present or has been removed causing diminished protection from the spread of fire from story to story or from shared habitable spaces to bedrooms.

   O.   Insulations and weatherproofing which did not meet the state building code at the time of construction or is not properly maintained.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The Planning and Development Director is hereby designated as the public officer to enforce the provisions of this article and to exercise the duties and powers prescribed by the provisions of this chapter. Such officer shall:

   A.   Investigate the dwelling conditions, and inspect dwellings and dwelling units, located in the city, in order to determine if such dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to such dwellings and dwelling units;

   B.   Take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;

   C.   Keep a record of the results of inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness prescribed by this chapter; and

   D.   To perform such other duties as may be prescribed by the provisions of this chapter.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   The Building Inspector is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter, including the following powers in addition to others granted by the provisions of this chapter:

   A.   To investigate the dwelling conditions in the city in order to determine which dwellings therein are unfit for human habitation;

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

   C.   To enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; and

   D.   To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of this chapter.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   For the purpose of making inspections, the Inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit, or rooming unit, or the person in charge thereof, shall give the Inspector free access to such dwelling, dwelling unit, or rooming unit and its premises at all reasonable times for the purposes of such inspection, examination, and survey.

   B.   Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, and its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful order issued pursuant to the provisions of this chapter.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   Complaints or orders issued by the public officer shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order many also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within 10 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.

   B.   If the identities of any owners or the whereabouts of such persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, or if the owners are known but have refused to accept service by registered or certified mail, the Building Inspector shall make an affidavit to that effect, and the serving of such complaint or order upon the owners or other persons may be made by publishing in a newspaper having general circulation in the city at least once no later than the time at which personal service would be received. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Whenever a petition is filed with the Inspector by a public authority or by at least five residents of the city charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, the Inspector, if his or her preliminary investigation discloses a basis for such charges, shall issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten (10) nor more than 30 days after the serving of such complaint. The owner of any party in interest shall have 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. Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Inspector.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   After the notice and hearing, the Inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

   B.   If the public officer determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of that determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter, and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this article within a specified period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made 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 Sec. 7-4.20; or

   C.   If the public officer determines that the dwelling is dilapidated, the officer shall state in writing the findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to vacate and close the dwelling, and to remove or demolish the same within a specified period of time, not to exceed 90 days.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   If the owner of any deteriorated dwelling shall fail to comply with an order of the Inspector to repair, alter, or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the public officer to vacate and close, and remove or demolish the same within the time specified therein, the officer shall submit to the city council at its next regular meeting an ordinance authorizing the officer to proceed to effectuate the purpose of this Article with respect to the particular property or properties which the officer shall have found to be unfit for 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 the dwelling or dwelling unit into conformity with the housing code. This ordinance shall be recorded in the office of the register of deeds in McDowell County and shall be indexed in the name of the property owner in the grantor index.

   B.   After failure of an owner of a deteriorated dwelling, or of a dilapidated dwelling, to comply with an order of the officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in subsection (a), the officer shall submit to the city council an ordinance ordering the officer to cause such dwelling to be repaired, altered, improved, or vacated and closed and removed or demolished, as provided in the original order of the officer, and pending such removal or demolition, to placard such dwelling 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 or structure so posted shall constitute a Class 1 misdemeanor as provided by G.S. § 160D-1203.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the City of Marion 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 parties-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 (10) days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in section 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 public officer produces a certified copy of an ordinance adopted by the city council pursuant to § 4-128(c) authorizing the public officer 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 unto 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 thirty (30) days before the filing of the summary ejectment proceeding that the city council has ordered the public officer to proceed to exercise his duties under section 7-4.15 of this article to vacate and close or remove and demolish the dwelling.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   An appeal from any decision or order of the public officer may be taken by any person who is the subject of the decision or order. Any appeal from the public officer shall be taken within ten (10) days from issuance of the decision or notice of the order, and shall be taken by filing a written notice of appeal with the city clerk and the planning and development department which shall specify the grounds upon which the appeal is based.

   B.   Upon the filing of any notice of appeal, the public officer shall forthwith transmit to the City Council all papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the public officer refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed.

   C.   The City Council shall hear the appeal in accordance with G.S. 160D-406 and Sec. 7-3.9.

   D.   The City Council shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties pursuant to Sec. 7-3.9 and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The City Council may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the public officer, but the concurring vote of four members of the City Council shall be necessary to reverse or modify any decision or order of the public officer.

   E.   The City Council shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of 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.

   F.   Every decision of the City Council shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the City Council, but not otherwise.

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   Any person aggrieved by an order issued by the Building Inspector or a decision rendered by the housing appeals board may petition the superior court for an injunction restraining the public officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the public officer pending a final disposition of the cause. The petition shall be filed within thirty (30) days after issuance of the order or rendering of the decision. Hearings shall be had by the court on a petition within twenty (20) days, and shall be given preference over other matters on the court's calendar. The court shall hear and determine 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 article or G.S. § 160D-1208(d).

(Ord. No. O-21-06-15-5, §1, 6-15-21)

   A.   The amount of the costs of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer 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 assessments provided in Article 10 of Chapter 160A of the North Carolina General Statutes.

   B.   If the dwelling is removed or demolished by the public officer, he 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 public officer, 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.

   C.   Nothing in this section shall be construed to impair or limit in any way the power of the City of Marion to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise.

(Ord. No. O-21-06-15-5, §1, 6-15-21)