§ 160A-443. Ordinance authorized as to repair, closing, and demolition; order of public officer. - North Carolina Statutes

§ 160A‑443.  Ordinanceauthorized as to repair, closing, and demolition; order of public officer.

Upon the adoption of anordinance finding that dwelling conditions of the character described in G.S.160A‑441 exist within a city, the governing body of the city is herebyauthorized to adopt and enforce ordinances relating to dwellings within thecity's territorial jurisdiction that are unfit for human habitation. Theseordinances shall include the following provisions:

(1)        That a publicofficer be designated or appointed to exercise the powers prescribed by theordinance.

(2)        That whenever apetition is filed with the public officer by a public authority or by at leastfive residents of the city charging that any dwelling is unfit for humanhabitation or whenever it appears to the public officer (on his own motion)that any dwelling is unfit for human habitation, the public officer shall, ifhis preliminary investigation discloses a basis for such charges, issue andcause to be served upon the owner of and parties in interest in such dwellingsa complaint stating the charges in that respect and containing a notice that ahearing will be held before the public officer (or his designated agent) at aplace within the county in which the property is located fixed not less than 10days nor more than 30 days after the serving of the complaint; that the ownerand parties in interest shall be given the right to file an answer to thecomplaint and to appear in person, or otherwise, and give testimony at theplace and time fixed in the complaint; and that the rules of evidenceprevailing in courts of law or equity shall not be controlling in hearingsbefore the public officer.

(3)        That if, afternotice and hearing, the public officer determines that the dwelling under considerationis unfit for human habitation, he shall state in writing his findings of factin support of that determination and shall issue and cause to be served uponthe owner thereof an order,

a.         If the repair,alteration or improvement of the dwelling can be made at a reasonable cost inrelation to the value of the dwelling (the ordinance of the city may fix acertain percentage of this value as being reasonable), requiring the owner,within the time specified, to repair, alter or improve the dwelling in order torender it fit for human habitation. The order may require that the property bevacated and closed only if continued occupancy during the time allowed forrepair will present a significant threat of bodily harm, taking into accountthe nature of the necessary repairs, alterations, or improvements; the currentstate of the property; and any additional risks due to the presence andcapacity of minors under the age of 18 or occupants with physical or mentaldisabilities. The order shall state that the failure to make timely repairs asdirected in the order shall make the dwelling subject to the issuance of anunfit order under subdivision (4) of this section; or

b.         If the repair,alteration or improvement of the dwelling cannot be made at a reasonable costin relation to the value of the dwelling (the ordinance of the city may fix acertain percentage of this value as being reasonable), requiring the owner,within the time specified in the order, to remove or demolish such dwelling.However, notwithstanding any other provision of law, if the dwelling is locatedin a historic district of the city and the Historic District Commissiondetermines, after a public hearing as provided by ordinance, that the dwellingis of particular significance or value toward maintaining the character of thedistrict, and the dwelling has not been condemned as unsafe, the order mayrequire that the dwelling be vacated and closed consistent with G.S. 160A‑400.14(a).

(4)        That, if the ownerfails to comply with an order to repair, alter or improve or to vacate andclose the dwelling, the public officer may cause the dwelling to be repaired,altered or improved or to be vacated and closed; that the public officer maycause to be posted on the main entrance of any dwelling so closed, a placardwith the following words: "This building is unfit for human habitation;the use or occupation of this building for human habitation is prohibited andunlawful." Occupation of a building so posted shall constitute a Class 1misdemeanor. The duties of the public officer set forth in this subdivisionshall not be exercised until the governing body shall have by ordinance orderedthe public officer to proceed to effectuate the purpose of this Article withrespect to the particular property or properties which the public officer shallhave found to be unfit for human habitation and which property or propertiesshall be described in the ordinance. This ordinance shall be recorded in theoffice of the register of deeds in the county wherein the property orproperties are located and shall be indexed in the name of the property ownerin the grantor index.

(5)        That, if the ownerfails to comply with an order to remove or demolish the dwelling, the publicofficer may cause such dwelling to be removed or demolished. The duties of thepublic officer set forth in this subdivision shall not be exercised until thegoverning body shall have by ordinance ordered the public officer to proceed toeffectuate the purpose of this Article with respect to the particular propertyor properties which the public officer shall have found to be unfit for humanhabitation and which property or properties shall be described in theordinance. No such ordinance shall be adopted to require demolition of adwelling until the owner has first been given a reasonable opportunity to bringit into conformity with the housing code. This ordinance shall be recorded inthe office of the register of deeds in the county wherein the property orproperties are located and shall be indexed in the name of the property ownerin the grantor index.

(5a)      If the governing bodyshall have adopted an ordinance as provided in subdivision (4) of this section,or the public officer shall have:

a.         In a municipalitylocated in counties which have a population in excess of 71,000 by the lastfederal census (including the entirety of any municipality located in more thanone county at least one county of which has a population in excess of 71,000),other than municipalities with a population in excess of 190,000 by the lastfederal census, issued an order, ordering a dwelling to be repaired or vacatedand closed, as provided in subdivision (3)a, and if the dwelling has beenvacated and closed for a period of one year pursuant to the ordinance or order;

b.         In a municipalitywith a population in excess of 190,000 by the last federal census, commencedproceedings under the substandard housing regulations regarding a dwelling tobe repaired or vacated and closed, as provided in subdivision (3)a., and if thedwelling has been vacated and closed for a period of one year pursuant to theordinance or after such proceedings have commenced,

then ifthe governing body shall find that the owner has abandoned the intent andpurpose to repair, alter or improve the dwelling in order to render it fit forhuman habitation and that the continuation of the dwelling in its vacated andclosed status would be inimical to the health, safety, morals and welfare ofthe municipality in that the dwelling would continue to deteriorate, would createa fire and safety hazard, would be a threat to children and vagrants, wouldattract persons intent on criminal activities, would cause or contribute toblight and the deterioration of property values in the area, and would renderunavailable property and a dwelling which might otherwise have been madeavailable to ease the persistent shortage of decent and affordable housing inthis State, then in such circumstances, the governing body may, after theexpiration of such one year period, enact an ordinance and serve such ordinanceon the owner, setting forth the following:

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

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

Thisordinance shall be recorded in the Office of the Register of Deeds in thecounty wherein the property or properties are located and shall be indexed inthe name of the property owner in the grantor index. If the owner fails tocomply with this ordinance, the public officer shall effectuate the purpose ofthe ordinance.

Thissubdivision only applies to municipalities located in counties which have apopulation in excess of 71,000 by the last federal census (including theentirety of any municipality located in more than one county at least onecounty of which has a population in excess of 71,000).

[Thissubdivision does not apply to the local government units listed in subdivision(5b) of this section.]

(5b)      If the governing bodyshall have adopted an ordinance as provided in subdivision (4) of this section,or the public officer shall have:

a.         In a municipalityother than municipalities with a population in excess of 190,000 by the lastfederal census, issued an order, ordering a dwelling to be repaired or vacatedand closed, as provided in subdivision (3)a, and if the dwelling has beenvacated and closed for a period of one year pursuant to the ordinance or order;

b.         In a municipalitywith a population in excess of 190,000 by the last federal census, commencedproceedings under the substandard housing regulations regarding a dwelling tobe repaired or vacated and closed, as provided in subdivision (3)a., and if thedwelling has been vacated and closed for a period of one year pursuant to theordinance or after such proceedings have commenced,

then ifthe governing body shall find that the owner has abandoned the intent andpurpose to repair, alter or improve the dwelling in order to render it fit forhuman habitation and that the continuation of the dwelling in its vacated andclosed status would be inimical to the health, safety, morals and welfare ofthe municipality in that the dwelling would continue to deteriorate, wouldcreate a fire and safety hazard, would be a threat to children and vagrants,would attract persons intent on criminal activities, would cause or contributeto blight and the deterioration of property values in the area, and wouldrender unavailable property and a dwelling which might otherwise have been madeavailable to ease the persistent shortage of decent and affordable housing inthis State, then in such circumstances, the governing body may, after theexpiration of such one year period, enact an ordinance and serve such ordinanceon the owner, setting forth the following:

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

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

Thisordinance shall be recorded in the Office of the Register of Deeds in thecounty wherein the property or properties are located and shall be indexed inthe name of the property owner in the grantor index. If the owner fails tocomply with this ordinance, the public officer shall effectuate the purpose ofthe ordinance.

Thissubdivision applies to the Cities of Eden, Lumberton, Roanoke Rapids, andWhiteville, to the municipalities in Lee County, and the Towns of Bethel,Farmville, Newport, and Waynesville only.

(6)        Liens. –

a.         That the amount ofthe cost of repairs, alterations or improvements, or vacating and closing, orremoval or demolition by the public officer shall be a lien against the realproperty upon which the cost was incurred, which lien shall be filed, have thesame priority, and be collected as the lien for special assessment provided inArticle 10 of this Chapter.

b.         If the real propertyupon which the cost was incurred is located in an incorporated city, then theamount of the cost is also a lien on any other real property of the ownerlocated within the city limits or within one mile thereof except for theowner's primary residence. The additional lien provided in this sub‑subdivisionis inferior to all prior liens and shall be collected as a money judgment.

c.         If the dwelling isremoved or demolished by the public officer, he shall sell the materials of thedwelling, and any personal property, fixtures or appurtenances found in orattached to the dwelling, and shall credit the proceeds of the sale against thecost of the removal or demolition and any balance remaining shall be depositedin the superior court by the public officer, shall be secured in a mannerdirected by the court, and shall be disbursed by the court to the persons foundto be entitled thereto by final order or decree of the court. Nothing in thissection shall be construed to impair or limit in any way the power of the cityto define and declare nuisances and to cause their removal or abatement bysummary proceedings, or otherwise.

(7)        If any occupantfails to comply with an order to vacate a dwelling, the public officer may filea civil action in the name of the city to remove such occupant. The action tovacate the dwelling shall be in the nature of summary ejectment and shall becommenced by filing a complaint naming as parties‑defendant any personoccupying such dwelling. The clerk of superior court shall issue a summonsrequiring the defendant to appear before a magistrate at a certain time, dateand place not to exceed 10 days from the issuance of the summons to answer thecomplaint. 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 itappears to have been duly served, and if at the hearing the public officerproduces a certified copy of an ordinance adopted by the governing bodypursuant to subdivision (5) authorizing the officer to proceed to vacate theoccupied dwelling, the magistrate shall enter judgment ordering that thepremises be vacated and that all persons be removed. The judgment ordering thatthe dwelling be vacated shall be enforced in the same manner as the judgmentfor summary ejectment entered under G.S. 42‑30. An appeal from anyjudgment 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 inG.S. 7A‑227. An action to remove an occupant of a dwelling who is atenant of the owner may not be in the nature of a summary ejectment proceedingpursuant to this paragraph unless such occupant was served with notice at least30 days before the filing of the summary ejectment proceeding that thegoverning body has ordered the public officer to proceed to exercise his dutiesunder subdivisions (4) and (5) of this section to vacate and close or removeand demolish the dwelling.

(8)        That whenever adetermination is made pursuant to subdivision (3) of this section that adwelling must be vacated and closed, or removed or demolished, under theprovisions of this section, notice of the order shall be given by first‑classmail to any organization involved in providing or restoring dwellings foraffordable housing that has filed a written request for such notices. A minimumperiod of 45 days from the mailing of such notice shall be given before removalor demolition by action of the public officer, to allow the opportunity for anyorganization to negotiate with the owner to make repairs, lease, or purchasethe property for the purpose of providing affordable housing. The publicofficer or clerk shall certify the mailing of the notices, and thecertification shall be conclusive in the absence of fraud. Only an organizationthat has filed a written request for such notices may raise the issue offailure to mail such notices, and the sole remedy shall be an order requiringthe public officer to wait 45 days before causing removal or demolition.  (1939, c. 287, s. 3; 1969,c. 868, ss. 1, 2; c. 1065, s. 2; 1971, c. 698, s. 1; 1973, c. 426, s. 70; 1983,c. 698; 1987, c. 542; 1989, c. 562; 1991, c. 208, s. 1; c. 315, s. 1; c. 581,s. 1; 1993, c. 539, s. 1095; c. 553, ss. 58, 59; 1994, Ex. Sess., c. 24, s.14(c); 1995, c. 347, s. 1; c. 509, s. 112; c. 733, ss. 1, 2; 1997‑101,ss. 1, 2; 1997‑414, s. 1; 1997‑449, s. 1; 1998‑26, s. 1; 1998‑87,s. 1; 2000‑186, s. 1; 2001‑283, s. 1; 2001‑448, s. 3; 2002‑118,s. 3; 2005‑200, s. 3; 2009‑279, s. 7.)