§ 8-10. Failure to comply with order.
(a)
If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the housing inspector may:
(1)
Cause the dwelling to be repaired, altered or improved or to be vacated and closed.
(2)
Cause to be posted on the main entrance of any such dwelling, 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 violation of this chapter.
(b)
If the owner fails to comply with an order to repair, alter, or improve or remove or demolish the dwelling, the housing inspector may:
(1)
Cause such dwelling to be vacated and removed or demolished.
(2)
Cause to be posted on the main entrance of any such dwelling, 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 violation of this chapter.
(c)
The duties of the housing inspector set forth in subsections (a) and (b) shall not be exercised until the city council shall have by ordinance ordered the housing inspector to proceed to effectuate the purpose of this chapter with respect to the particular property or properties which the housing 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. For the purposes of this subsection a period of ninety (90) day following the date of the housing inspector's order shall constitute a reasonable opportunity. This article shall be recorded in the office of the register of deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(d)
The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the Housing 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 G.S. Article 10 of Chapter 160A. If the dwelling is removed or demolished by the housing inspector, he shall sell the materials of the dwelling, and any personal property, fixture 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 housing inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to b entitled thereto by final order of the decree of the court.
(e)
If any occupant fails to comply with an order to vacate dwelling, the housing 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 parties-defendant any persons 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 G.S. 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 housing inspector produces the certified copy of an ordinance adopted by the city council pursuant to subsection (c) authorizing the housing inspector 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. Section 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. Section 7A-228, and the execution of such judgment may be stayed as provided in G.S. Section 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 housing inspector to proceed to exercise his duties under subsections (a), (b) and (c) of this section to vacate and close or remove and demolish the dwelling.
(f)
If the city council shall have adopted an ordinance, or the housing inspector shall have issued an order, ordering a dwelling to be repaired or vacated and closed, as provided in section 8-9(a), and if the owner has vacated and closed such dwelling and kept such dwelling vacated and closed for a period of one (1) year pursuant to the ordinance or order, then if the city council shall 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, moral, 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 which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in the city, then in such circumstances, the city council may, after the expiration of such one (1) year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
(1)
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 (50) percent of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within ninety (90) days; or
(2)
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 (50) percent of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within ninety (90) days.
This shall be recorded in the office of the register of deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the housing inspector shall effect the purpose of the ordinance.
(Ord. of 9-23-02)