§ 10-53. Failure to comply with order.  


Latest version.
  • (a)

    In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the inspector to repair, alter or improve the dwelling or dwelling unit within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the inspector to vacate and close and remove or demolish the dwelling or dwelling unit within the time specified therein, the inspector shall submit to the city council at its next regular meeting a resolution directing the city attorney to petition the superior court for an order directing such owner to comply with the order of the inspector, as authorized by G.S. 160A-446(g).

    (b)

    In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in subsection (a) of this section, the inspector shall submit to the city council an ordinance ordering the inspector to cause such dwelling or dwelling unit to be repaired, altered, improved or vacated and closed and removed or demolished, as provided in the original order of the inspector, and pending such removal or demolition, to placard such dwelling as provided by G.S. 160A-443 and section 10-57.

    (c)

    In addition to other penalties, any person who fails to comply with an order of the inspector to repair, alter or improve or to vacate and close and remove or demolish the dwelling or dwelling unit within the time specified therein, shall be subject the civil penalty process outlined in section 8-5 of the City Code. When, after the owner has been notified of the violation and the time specified in the order has expired, the code enforcement officer shall issue a civil penalty of fifty dollars ($50.00). If this violation is not then corrected within the specified time frame, the code enforcement officer shall issue a civil penalty in the amount of one hundred dollars ($100.00). If the violation has not been corrected within the specified time frame after the second citation, the owner is subject to a civil penalty of one hundred dollars ($100.00) for each day that the violation has not been corrected.

(Code 1977, § 12-23; Ord. No. 2000-80, § 8, 10-3-00)