§ 10-52. Determination by inspector; issuance of order.

(a)

After notice and hearing as provided in section 10-51, 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 inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of such 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 chapter within a specified period of time, not to exceed ninety (90) days. Such 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.

(c)

If the inspector determines that the dwelling is dilapidated, he shall state in writing his 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 either to repair, alter or improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else to vacate and remove or demolish the dwelling or dwelling unit within a specified period of time not to exceed ninety (90) days.

However, whenever a dwelling is located in a designated historic district of the city and the historic preservation commission in a public hearing has determined that the dwelling is of a particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the inspector or minimum housing standards commission may issue an order that the dwelling be vacated and closed consistent with North Carolina General Statutes Section 160A-400.14(a).

(d)

If a structure located within a historic district or other area of the city has historical significance as defined below, the minimum housing inspector may authorize the timetable below to allow the owner or other interested party the opportunity of repairing or securing a buyer for the property.

(1)

Before the inspector grants the additional time, the historic preservation commission shall find the following:

a.

That the structure is included on the city's inventory of historic architecture, or is determined to be more than fifty (50) years old and of equivalent architectural or historical significance as determined by the Salisbury Historic Preservation Commission; and

b.

That the owner or other individual or agency has indicated interest in actively pursuing the preservation of the structure; and

c.

That in the case of a vacant structure, it has been properly boarded up and made secure and does not pose an unsafe or hazardous condition, as determined by the housing inspector.

(2)

If the above criteria are met, the inspector may grant up to eighteen (18) months additional time from the date of determination by the commission for the purpose of bringing the property into full compliance.

(Code 1977, § 12-22; Ord. No. 2000-80, §§ 6, 7, 10-3-00)