This chapter shall be known as and may be cited as the town abandoned structures ordinance.

(Code 2007, § 153.15; Ord. of 8-24-1993)

(a)

It is hereby found that there exist within the town (hereinafter, the town) abandoned structures which the town council finds to be hazardous to the health, safety and welfare of the residents of the town due to the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, and/or frequent use by vagrants as living quarters in the absence of sanitary facilities.

(b)

Therefore, pursuant to the authority granted by G.S. 160D-1201, it is the intent of this chapter to provide for the repair, closing or demolition of any abandoned structures in accordance with the provisions and procedures as are set forth in G.S. 160D-1201 through 160D-1212 for the repair, closing or demolition of dwellings unfit for human habitation, and those provisions and procedures are fully incorporated herein by reference.

(Code 2007, § 153.01; Ord. of 8-24-1993)

(a)

The abandoned structures enforcement officer (hereinafter, the enforcement officer) is hereby designated as the town officer to enforce the provisions of this chapter.

(b)

It shall be the duty of the enforcement officer to:

(1)

Locate abandoned structures within the town and determine which structures are in violation of this chapter;

(2)

Take action pursuant to this chapter as may be necessary to provide for the repair, closing or demolition of structures;

(3)

Keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this chapter; and

(4)

Perform other duties as may be prescribed herein or assigned by the town council.

(Code 2007, § 153.02; Ord. of 8-24-1993)

The enforcement officer is authorized to exercise such powers as may be necessary to carry out the intent and provisions of this chapter, including the following powers in addition to such others herein granted:

(1)

Investigate the condition of structures within the town in order to determine which structures are abandoned and in violation of this chapter;

(2)

Enter upon premises for the purposes of making inspections;

(3)

Administer oaths and affirmations, examine witnesses and receive evidence; and

(4)

Designate other officers, agents and employees of the town as he deems necessary to carry out the provisions of this chapter.

(Code 2007, § 153.03; Ord. of 8-24-1993)

(a)

Every abandoned structure within the town shall be deemed in violation of this chapter whenever the structure constitutes a hazard to the health, safety or welfare of the town citizens as a result of:

(1)

The attraction of insects or rodents;

(2)

Conditions creating a fire hazard;

(3)

Dangerous conditions constituting a threat to children; or

(4)

Frequent use by vagrants as living quarters in the absence of sanitary facilities.

(b)

In making the preliminary determination of whether or not an abandoned structure is in violation of this chapter, the enforcement officer may, by way of illustration and not limitation, consider the presence or absence of the following conditions:

(1)

Holes or cracks in the structure's floors, walls, ceilings or roof which might attract or admit rodents and insects, or become breeding places for rodents and insects;

(2)

The collection of garbage or rubbish in or near the structure which might attract rodents and insects, or become breeding places for rodents and insects;

(3)

Violations of the state building code, the state electrical code and/or the fire prevention code which constitute a fire hazard in the structure;

(4)

The collection of garbage, rubbish or combustible material which constitute a fire hazard in the structure;

(5)

The use of the structure or nearby grounds or facilities by children as a play area;

(6)

Violations of the state building code, the state electrical code and/or the fire prevention code which might result in danger to children using the structure or nearby grounds or facilities as a play area;

(7)

Repeated use of the structure by transients and vagrants, in the absence of sanitary facilities, for living, sleeping, cooking or eating; and/or

(8)

Bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress or other causes.

(Code 2007, § 153.04; Ord. of 8-24-1993)

(a)

Preliminary investigation; notice; hearing.

(1)

Whenever a petition is filed with the enforcement officer by at least five residents of the town or by any public authority as defined in G.S. 160D-1202 charging that any structure exists in violation of this chapter, or whenever it appears to the enforcement officer, upon his own inspection, that any structure exists within the town in violation hereof, he shall, if his preliminary investigation discloses a basis for charges, issue and cause to be served upon the owner of and parties in interest in the structure a complaint stating the charges and containing a notice that a hearing will be held before the enforcement officer at a place therein fixed, not less than ten nor more than 30 days after the service of the complaint.

(2)

The owner and/or 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.

(3)

Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the structure.

(4)

Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard.

(5)

The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the enforcement officer.

(b)

Procedure after hearing.

(1)

After notice and hearing, the enforcement officer shall state in writing his determination of whether the structure violates this chapter.

(2)

If the enforcement officer determines that the structure is in violation, he shall state in writing his findings of fact to support that determination and shall issue and cause to be served upon the owner thereof and interested parties therein an order directing and requiring the owner to either repair, alter and improve the structure or else remove or demolish the same within a specified period of time not to exceed 90 days.

(c)

Failure to comply with order.

(1)

In personam remedy. If the owner of any structure and any interested party therein shall fail to comply with an order of the enforcement officer within the time specified therein, the enforcement officer may submit to the town council at its next regular meeting a resolution directing the town attorney to petition the county superior court for an order directing the owner and/or interested party to comply with the order of the enforcement officer, as authorized by G.S. 160D-1208.

(2)

In rem remedy. After failure of an owner of a structure and/or an interested party therein to comply with an order of the enforcement officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in subsection (c)(1) of this section, the enforcement officer shall submit to the town council an ordinance ordering the enforcement officer to cause the structure to be removed or demolished, as provided in the original order of the enforcement officer, and pending the removal or demolition, to placard the dwelling as provided by G.S. 160D-1203.

(d)

Appeals from orders of enforcement officer.

(1)

An appeal from any decision or order of the enforcement officer may be taken by any person aggrieved thereby.

(2)

Any appeal from the enforcement officer shall be taken within ten days from the rendering of the decision or service of the order and shall be taken by filing with the enforcement officer and with the town zoning board of adjustment a notice of appeal which shall specify the grounds upon which the appeal is based.

(3)

Upon the filing of any notice of appeal, the enforcement officer shall forthwith transmit to the town zoning board of adjustment all the papers constituting the record upon which the decision appealed from was made.

(4)

When an appeal is from a decision of the enforcement officer refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed.

(5)

When an appeal is from a decision of the enforcement officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the town zoning board of adjustment unless the enforcement officer certifies to that board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one-day's written notice to the enforcement officer, by the town zoning board of adjustment, or by a court of record upon petition made pursuant to G.S. 160D-1208 and subsection (e) of this section.

(6)

The town zoning board of adjustment shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time.

(7)

Any party may appear in person or by agent or attorney.

(8)

The town zoning board of adjustment may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make a decision and order as in its opinion ought to be made in the matter, and to that end it collectively shall have all the powers of the enforcement officer.

(9)

The concurring vote of four members of the town zoning board of adjustment shall be necessary to reverse or modify any decision or order of the enforcement officer.

(10)

The town zoning board of adjustment 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 this chapter, to adapt the application of this chapter to the necessities of the case to the end that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(11)

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

(e)

Petition to superior court. Any person aggrieved by an order issued by the enforcement officer shall have the right, within 30 days after issuance of the order, to petition the county superior court for a temporary injunction restraining the enforcement officer pending a final disposition of the cause, as provided by G.S. 160D-1208.

(Code 2007, § 153.05; Ord. of 8-24-1993)

(a)

Complaints or orders issued by the enforcement officer shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of the persons are unknown and the same cannot be ascertained by the enforcement officer in the exercise of reasonable diligence, the enforcement officer shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publication in a newspaper having general circulation in the town at least once no later than the time at which personal service is required under section 15-361(a)(1).

(b)

Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the outside of the main entrance to the structure affected by the complaint or order.

(Code 2007, § 153.06; Ord. of 8-24-1993)

(a)

After failure of an owner of a structure and/or a party interested therein to comply with an order of the enforcement officer issued pursuant to the provisions of this chapter, and upon adoption by the town council of an ordinance authorizing and directing him to do so, as provided by G.S. 160D-1203 and section 15-361(c)(2), the enforcement officer shall proceed to cause the structure either to be repaired or else removed or demolished, as directed by the ordinance of the town council, and shall cause to be posted on the outside of the main entrance of the structure a placard prohibiting the use or occupation of the structure.

(b)

Use or occupation of any structure so posted shall constitute a misdemeanor.

(c)

Each like ordinance shall be recorded in the office of the register of deeds of the county, shall be indexed in the name of the property owner in the grantor index, and shall be indexed in the name of the town in the grantee index, as provided by G.S. 160D-1203.

(Code 2007, § 153.07; Ord. of 8-24-1993)

(a)

As provided by G.S. 160D-1203, the amount of the cost of any removal or demolition caused to be made or done by the enforcement officer pursuant to this chapter shall be a lien against the real property upon which the cost was incurred.

(b)

The lien shall be filed, have the same priority, and be enforced and the costs collected as provided by G.S. ch. 160A, art. 10 (G.S. 160A-1001 et seq.), which is incorporated herein by reference.

(c)

If the structure is removed or demolished by the enforcement officer, he shall sell the materials of the structure, and any personal property, fixtures or appurtenances found in or attached to the structure and shall credit the proceeds of the sale against the cost of the removal or demolition.

(d)

Any balance remaining shall be deposited in the office of the clerk of county superior court by the enforcement 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.

(Code 2007, § 153.08; Ord. of 8-24-1993)

If any occupant fails to comply with an order to vacate a structure, the enforcement officer may file a civil action in the name of the town to remove the occupant, as provided by G.S. 160D-1203.

(Code 2007, § 153.09; Ord. of 8-24-1993)

(a)

Neither this chapter nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by criminal process.

(b)

The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

(Code 2007, § 153.10; Ord. of 8-24-1993)

(a)

All appeals which may be taken from decisions or orders of the enforcement officer pursuant to section 15-361(d) shall be heard and determined by the town zoning board of adjustment.

(b)

As the appeals body, the town zoning board of adjustment shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.

(c)

The town zoning board of adjustment shall perform the duties prescribed by section 15-361(d) and shall keep an accurate journal of all its proceedings.

(d)

If the town zoning board of adjustment consists of more than five members, the chairperson shall designate five members to hear appeals under this chapter.

(Code 2007, § 153.11; Ord. of 8-24-1993)

In the event any provision, standard or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the town shall prevail.

(Code 2007, § 153.12; Ord. of 8-24-1993)

(a)

(1)

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 enforcement officer duly made and served as herein provided, within the time specified in the order.

(2)

Each day that any like failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense.

(b)

(1)

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 15-303, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing.

(2)

Each day that the occupancy continues after the prescribed time shall constitute a separate and district offense.

(c)

The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. 14-4, subject to a fine not to exceed $50.00 or imprisonment not to exceed 30 days.

(d)

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

(Code 2007, § 153.13; Ord. of 8-24-1993)