It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the inspector duly made and served as provided in this Article, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to Section 23-19, 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. The violation of any provision of this Article shall constitute a misdemeanor, as provided by G.S. 14-4, and shall be punishable by a fine of up to one hundred dollars ($100.00) or thirty (30) days in jail or both for each offense.

23-2.1

Finding; Purpose; Authorization.

(A)

Dwellings. The existence and occupation of dwellings that are unfit for human habitation are inimical to the welfare and dangerous and injurious to the health and safety of the people of the City. A public necessity exists for the repair, closing, or demolition of such dwellings. The City finds that there exists in its planning and development regulation jurisdiction dwellings that are unfit for human habitation due to dilapidation; defects increasing the hazards of fire, accidents or other calamities; lack of ventilation, light, or sanitary facilities; or other conditions rendering the dwellings unsafe or unsanitary, or dangerous or detrimental to the health, safety, morals, or otherwise inimical to the welfare of the residents of the City.

(B)

Abandoned Structures. The City finds certain abandoned structures are a health or safety hazard as a result of the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities.

(C)

Therefore, the City adopts this Article to exercise the authority given in 160D-1201 to provide for the repair, closing or demolition.

(D)

Designation of inspector. The City shall from time to time by resolution identify a person or persons who shall serve as an enforcement officer. The inspector is hereby designated as the enforcement officer.

23-2.2

Definitions.

Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this Article shall have the meanings set forth in this section when used in this Article. If a word or phrase used in this Article is not defined herein or elsewhere in this Ordinance, to the extent such word or phrase is defined in Chapter 160D, that definition shall control.

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:

(1)

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

(2)

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

(3)

Public authority. Any housing authority or any officer who is in charge of any department or branch of the government of the city, county, or State relating to health, fire, building regulations, or other activities concerning dwellings in the City.

(4)

Inspector. The officer or officers who are authorized by this Article to exercise the powers prescribed by this Article.

(Ord. No. 2025-O-04, 1-14-2025)

Every dwelling and dwelling unit used as a human habitation or held out for use as a human habitation shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of Sections 23-4 through 23-15. No person shall occupy as owner-occupant, or let to another for occupancy or use as human habitation, any dwelling or dwelling unit that does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of Sections 23-4 through 23-15. The inspector may determine that a dwelling is unfit for human habitation if the inspector finds that conditions exist in the dwelling that render it dangerous or injurious to the health, safety, or welfare of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the jurisdiction. Defective conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; or uncleanliness.

23-4.1

A dwelling unit shall include its own sanitary facilities, which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. These facilities shall utilize an approved public disposal system.

23-4.2

All required plumbing fixtures shall be located within the dwelling unit and shall be accessible to the occupants of same. A flush toilet, a fixed basin, and tub or shower shall be located in a separate room in the dwelling unit affording privacy to the user, and such room shall have a minimum floor space of thirty (30) square feet. The lavatory and tub or shower shall have hot and cold running water.

23-4.3

Every dwelling unit shall have an adequate supply of both cold water and hot water connected to the kitchen sink, washing machine connections, lavatory, and tub or shower. All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

23-4.4

Every dwelling shall have water-heating facilities that are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than one hundred twenty (120) degrees Fahrenheit. Such water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this Article are not in operation.

23-5.1

A dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary.

23-5.2

The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit supplied by either the owner or the family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public system. Adequate space for the storage, preparation, and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).

23-5.3

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

23-5.4

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.

23-5.5

All cooking and heating equipment and facilities shall be installed in accordance with the building, gas, or electrical code and shall be maintained in a safe and good working condition.

23-5.6

Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which facilities or containers are approved by the City Council.

23-6.1

A dwelling unit shall afford the family adequate space and security.

23-6.2

A living room, kitchen area, and bathroom shall be present, and the dwelling unit shall contain at least one (1) sleeping or living/sleeping room of appropriate size for each two (2) persons.

23-6.3

Exterior doors and windows accessible from outside the unit shall be lockable.

23-6.4

Every habitable room shall have at least one (1) window or skylight that can easily be opened, or such other device as will adequately ventilate the room. The total openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size or minimum skylight-type window size, as required, or shall have other approved equivalent ventilation.

23-6.5

Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilation system.

23-7.1

A dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment.

23-7.2

Ceilings with minimum height of seven (7) feet, six (6) inches, and walls and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling, or noticeable movement under walking stress, missing parts, or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling. Elevators shall be maintained in safe operating condition. In the case of a manufactured home, the home shall be securely anchored by a tie-down device that distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to resist wind overturning and sliding.

23-7.3

The building foundation walls, piers, or other structural elements shall be maintained in a safe manner and capable of supporting the load that normal use may cause to be placed thereon.

23-7.4

The exterior walls shall be substantially weathertight, watertight, and shall be made impervious to the adverse effects of weather and be maintained in sound condition and good repair.

23-7.5

Roofs shall be maintained in a safe manner and have no defects that might admit rain or cause dampness in the walls or interior portions of the building.

23-7.6

Every dwelling unit shall have safe, unobstructed means of egress leading to a safe and open space at ground level.

23-7.7

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.

23-7.8

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

23-7.9

Windowpanes or an approved substitute shall be maintained without cracks or holes.

23-7.10

Window sash shall be properly fitted and weathertight within the window frame.

23-7.11

Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware.

23-7.12

Every exterior door shall be provided with proper hardware and maintained in good condition.

23-7.13

Every exterior door shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the dwelling building.

23-7.14

Every door opening directly from a dwelling unit to outdoor space shall have screens, and every window or other device with opening to outdoor space, used or intended to be used for ventilation, shall likewise have screens.

23-7.15

Dwelling buildings containing central heating furnaces and air conditioning equipment for mechanically ventilating the building year-round are not required to have screens on door or window openings. Window-type air conditioning units are not included in this exception.

23-7.16

All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.

23-7.17

Garages, storage buildings, and other accessory structures shall be maintained and kept in good repair and sound structural condition.

23-7.18

Every structural element of the dwelling shall be maintained structurally rodent-proof, shall be kept in sound condition and good repair, and shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon.

23-7.19

Every structural element of the dwelling shall be maintained structurally sound and show no evidence of deterioration that would render them incapable of carrying loads that normal use may cause to be placed thereon.

23-7.20

No basement space shall be used as a habitable room or dwelling unit unless:

(A)

The floor and walls are impervious to leakage of underground and surface runoff water and insulated against dampness;

(B)

There is at least one (1) window above grade.

23-8.1

A dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body.

23-8.2

A dwelling unit shall contain a safe heating facility in proper operating condition which can provide adequate heat to each room in the dwelling unit appropriate for the climate to ensure a healthy living environment. Unvented room heaters that burn gas, oil, or kerosene are unacceptable except as allowed by law. If a cooling system exists or is installed, it too must be in a safe operating condition.

23-8.3

A dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants.

23-8.4

A dwelling unit shall be free of dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one (1) openable window or other adequate exhaust ventilation.

No person shall occupy, as owner-occupant, any dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, that does not comply with the following requirements:

23.9-1

All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed and connected to the source of electric power.

23-9.2

The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the total load.

23-9.3

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.

23-9.4

Every public hall and stairway in every multifamily dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall or stairway in structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

23-10.1

The owner or occupants of a residential building, structure, or property shall not utilize the premises of such residential property for the open storage of any junked motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish, or similar items or otherwise harbor, allow or cause a nuisance upon such property as identified in Article 22 of this Unified Development Ordinance. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including, but not limited to, weeds, dead trees, trash, garbage, etc., upon notice of the inspector.

23-11.1

The water supply of a dwelling unit shall be free from contamination.

23-11.2

The unit shall be served by an approved public or private sanitary water supply.

No lead-based paint shall be used on a dwelling unit. This provision shall be in compliance with the United States Lead Based Paint Poisoning Prevention Act, 42 USC 4801.

23-13.1

A dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties.

23-13.2

The building shall provide an alternate means of egress in case of fire (i.e., fire stairs or egress through windows).

23-14.1

A dwelling unit and its equipment shall be in a sanitary condition.

23-14.2

The unit and its equipment shall be free of vermin and rodent infestation.

The foregoing standards shall apply to congregate housing except for Section 23-5. In addition, the following standards shall apply:

23-15.1

The unit shall contain a refrigerator or appropriate size.

23-15.2

The central dining facility (and kitchen facility, if any) shall contain suitable space and equipment to store, prepare, and serve food in a sanitary manner, and there shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans).

The inspector is hereby designated as the officer to enforce the provisions of this Article and to exercise the duties and powers prescribed in this Article. It shall be the duty of the inspector to:

23-16.1

Investigate the dwelling conditions and to inspect dwellings and dwelling units located in the City in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this Article with respect to such dwellings and dwelling units.

23-16.2

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.

23-16.3

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

23-16.4

Perform such other duties as may be prescribed in this Article.

(Ord. No. 2025-O-04, 1-14-2025)

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

23-17.1

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

23-17.2

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

23-17.3

To enter upon premises for the purpose of making examinations in a manner that will do the least possible inconvenience to the persons in possession.

23-17.4

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

23-17.5

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

(Ord. No. 2025-O-04, 1-14-2025)

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

23-19.1

Preliminary investigation; notice; hearing.

Investigation, complaint, hearing. 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 is unfit for human habitation or when it appears to the inspector that any dwelling is unfit for human habitation, the inspector shall, if a preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwellings a complaint stating the charges in that respect and containing a notice that an administrative hearing will be held before the inspector, or the officer's designated agent, at a place within the City. The hearing shall be not less than 10 days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in courts of law shall not be controlling in administrative hearings before the inspector.

23-19.2

Determination, action after hearing.

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

(A)

If the repair, alteration, or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified, to repair, alter, or improve the dwelling in order to render it fit for human habitation. Reasonable cost shall be defined as fifty (50) percent of the value that the dwelling or dwelling unit shall have after repair. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under Section 23-21.1.

(B)

If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, the inspector will issue and order requiring the owner, within the time specified in the order, to remove or demolish the dwelling.

23-19.3

Appeals/Remedies.

(A)

An appeal from any decision or order of the inspector is a quasi-judicial matter and may be taken by any person aggrieved thereby to the Board of Adjustment. Any appeal from the inspector shall be taken within 10 days from the rendering of the decision or service of the order by filing with the inspector and with the Board of Adjustment a notice of appeal that shall specify the grounds upon which the appeal is based.

(B)

Upon the filing of any notice of appeal, the inspector shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the decision appealed from was made.

(C)

When an appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, the decision remains in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal has the effect of suspending the requirement until the hearing by the Board of Adjustment, unless the inspector certifies to the Board, after the notice of appeal is filed with the inspector, that because of facts stated in the certificate, a copy of which shall be furnished to the appellant, a suspension of the requirement would cause imminent peril to life or property. In that case the requirement is not suspended except by a restraining order, which may be granted for due cause shown upon not less than one day's written notice to the inspector, by the Board, or by a court of record upon petition made pursuant to Section 23-19.5 herein.

(D)

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

(E)

Every decision of the Board of Adjustment is subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board of Adjustment, but not otherwise.

23-19.4

Failure to comply with order.

Civil action. If any occupant fails to comply with an order to vacate a dwelling, the inspector may file a civil action in the name of the City to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed 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. If the summons appears to have been duly served and if at the hearing the inspector produces a certified copy of an ordinance adopted by the City pursuant to Section 23-21.2 authorizing the 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 under G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the City has ordered the inspector to proceed to exercise his duties under Sections 23-21.1 and 23-21.2 of this section to vacate and close or remove and demolish the dwelling.

23-19.5

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

(Ord. No. 2025-O-04, 1-14-2025)

23-20.1

Methods of service.

(A)

Complaints or orders issued by an inspector pursuant to this Article shall be served upon persons either personally or by certified mail. When service is made by certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused but the regular mail is not returned by the post office within 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 persons are unknown and 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 certified mail, and the inspector makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the jurisdiction at least once no later than the time at which personal service would be required under the provisions of this Article. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.

23-20.2

Removal of complaint, notice, or order. No persons without written consent of the inspector shall remove or permit the removal of any complaint, notice, or order posted in accordance with the provisions of this Article.

23-21.1

Repair, Closing and Posting. If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling, the inspector may cause the dwelling to be repaired, altered, or improved or to be vacated and closed, and the inspector may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall constitute a Class 1 misdemeanor. The duties of the inspector set forth in this subdivision shall not be exercised until the City Council shall have by ordinance ordered the inspector to proceed to effectuate the purpose of this Article with respect to the particular property or properties that the inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. This ordinance shall be recorded in the office of the Register of Deeds of Carteret County where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.

23-21.2

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

23-21.3

Abandonment of Intent to Repair. If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to Subsection 23-21.1 of this section or after an inspector issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this subdivision, then the City Council may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the City in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this State, then in such circumstances, the City Council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:

A.

If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days.

B.

If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.

This ordinance shall be recorded in the office of the Register of Deeds of Carteret County and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the inspector shall effectuate the purpose of the ordinance.

Dwellings ordered vacated by the inspector shall have all outer doors firmly locked, and the basement, cellar, and first-story windows barred or boarded to prevent entry, and shall not again be used for human habitation until written approval is secured from the inspector.

(Ord. No. 2025-O-04, 1-14-2025)

A.

The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in Article 10 of Chapter 160A of the General Statutes.

B.

The amount of the cost is also a lien on any other real property of the owner located within the City limits or within one mile thereof except for the owner's primary residence. The additional lien provided in this subsection is inferior to all prior liens and shall be collected as a money judgment.

(Ord. No. 2025-O-04, 1-14-2025)

If the dwelling is removed or demolished by the inspector, the City 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 inspector, 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 to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(Ord. No. 2025-O-04, 1-14-2025)

If any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of Chapter 160D, Article 12 or of any ordinance or code adopted under authority of Chapter 160D, Article 12 or any valid order or decision of the inspector or board made pursuant to any ordinance or code adopted under authority of Chapter 160D, Article 12, the inspector or board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, or use; to restrain, correct, or abate the violation; to prevent the occupancy of the dwelling; or to prevent any illegal act, conduct, or use in or about the premises of the dwelling.

Nothing in this Article shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this Article as authorized by G.S. 14-4, and the enforcement of any other remedy or remedies provided herein or in other ordinance provisions or laws.

(Ord. No. 2025-O-04, 1-14-2025)

Civil action. If any occupant fails to comply with an order to vacate a dwelling, the inspector may file a civil action in the name of the City to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed 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. If the summons appears to have been duly served and if at the hearing the inspector produces a certified copy of an ordinance adopted by the City pursuant to Section 23-21.1 herein, authorizing the 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 under G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the City has ordered the inspector to proceed to exercise his duties under Sections 23-21.1 and 23-21.2 to vacate and close or remove and demolish the dwelling.

(Ord. No. 2025-O-04, 1-14-2025)

If any provision, standard, or requirement of this Article is found to be in conflict with any provision of any other ordinance, provision, or code of the City, the provision that establishes the higher standards or more stringent requirements for the promotion and protection of the health and safety of the residents of the City shall prevail.

(Ord. No. 2025-O-04, 1-14-2025)

Whenever a determination is made pursuant to this Article that a dwelling must be vacated and closed, or removed or demolished, under the provisions Chapter 160D, Article 12, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the inspector, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The inspector or clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the inspector to wait 45 days before causing removal or demolition.