§ 10-61. Regulation of vacant, neglected and abandoned residential properties.

(a)

Purpose and intent. It is recognized by the Housing Advocacy Commission and the City Council of the City of Salisbury that there exists residential properties within the city limits that are vacant, neglected and abandoned. In a study that was completed in 2011, there were over seven hundred fifty (750) residential properties that were considered vacant and abandoned. The purpose of the following is to focus on neglected and abandoned residential properties that will continue to deteriorate into a condition that cannot be repaired if not addressed immediately. These properties are vulnerable to break-ins, criminal activity, destruction, fire and other unsafe activities. In addition, they attract and/or cause blight to surrounding properties. For these reasons, it is essential to public health, safety and welfare that the city set standards that will not allow a residential property to remain in a deteriorated or dilapidated condition for an extended period of time.

The housing advocacy commission recognizes the "broken window" theory as one (1) reason that this section is needed. That theory states that "one broken window, left unrepaired, leads to more broken windows as it gives the appearance that no one cares for or protects the property; that that building becomes increasingly more deteriorated, and that the deterioration may have a ripple effect on other parts of the neighborhood."

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abandoned means a residential structure on a parcel which is:

(1)

Vacant for thirty (30) days;

(2)

In violation of one (1) or more minimum housing standards of the City Code; and

(3)

The issues that are in violation have not been corrected within thirty (30) days of being noticed.

Neglected means a vacant residential structure that has been issued one (1) or more violations of the city nuisance and/or zoning codes within the past twelve (12) months.

Property, when referred to in this section of the Code, shall refer only to residential properties and not include nonresidential properties.

Vacant means a residential structure on a parcel which lacks the habitual presence of human beings who have a legal right to be on the premises or at which substantially all residential occupancy has ceased.

(c)

Requirements for vacant structures. A property that is considered vacant must be kept in good condition and must meet all applicable minimum housing codes. It must also be secured as to not allow vagrants or other unwanted persons to enter the structure. If the property is not secure, a notice will be sent by certified mail or in person requiring it to be secured within fifteen (15) days of being notified. After that compliance period, the code services division shall secure the property. The cost of the same shall be the responsibility of the property owner. If securing the property involves the boarding up of any openings, section 10-62 of the City Code of Ordinances must be followed.

(d)

Required information and guidelines for neglected and abandoned structures. A property that is considered neglected or abandoned as defined in this section is subject to the guidelines, requirements, maintenance standards and penalties as described herein. Once a property is deemed neglected or abandoned, the property owner must fill out a "statement of intent" form as provided by the code services division within fifteen (15) days of the date mailed. The following information will be collected as part of that form:

(1)

Name of property owner.

(2)

Phone number of property owner.

(3)

Mailing address of property owner.

(4)

If owner lives more than fifty (50) miles from property, a property manager (at least eighteen (18) years of age) must be listed with the same contact information required as for the owner.

(5)

Maintenance plan from property owner showing how often the owner or property manager will physically visit the property to ensure property is kept up (grass mowed, windows and doors secured and not broken, etc.) which shall be at a minimum of every fifteen (15) days.

(6)

Copy of most recently executed deed.

(7)

Future plans for property (i.e., make repairs by certain date, to be used as a rental or owner occupied property, why property is in the current state that it is in).

The property owner shall have a continuing duty to promptly supplement the information required by the statement of intent form in the event that said information changes.

By submitting a statement of intent form and entering into this section does not excuse the property owner from compliance with any other applicable ordinance, regulation or statute.

(e)

Maintenance standards for neglected and abandoned structures. A property owner or manager of a property which falls within this section shall inspect the property once every fifteen (15) days. A record of these inspections should be maintained and must be readily available if asked to provide.

The property owner is required to keep the exterior of the dwelling and its surrounding property in compliance with all city codes and maintained so as not to cause a negative impact on neighboring properties.

The property owner shall make every attempt to keep the dwelling in a condition that does not appear to be vacant and therefore an attractant to vagrants or criminal activity.

The property owner shall keep all vegetation on the property trimmed appropriately to deter criminal activity. This includes, but is not limited to, keeping shrubbery trimmed so it does not create a screen or blind spot for vagrants and other unwanted persons to hide behind.

All windows, doors and other openings shall be secure as to not allow unwanted persons to enter the dwelling. If unsecured, the code services division will secure and the cost will be the responsibility of the property owner.

(f)

Exemptions. The code services division may exempt a property for a specific period of time that has suffered extensive fire damage or catastrophic damage. A statement of intent form must still be filled out and returned within thirty (30) days of the date mailed. Any exemption granted shall be for a specific period of time, not to exceed ninety (90) days.

This section does not regulate buildings which are currently undergoing new construction, renovation or rehabilitation and which are in compliance with all applicable ordinances, codes and regulations. The same must have obtained all necessary permits from the county or city as required and shall be proceeding diligently to completion.

(g)

Penalties.

(1)

Vacant structures. A property that is determined to be vacant as defined in this section which is not in violation of subsection (c) of this section or any other applicable city code is not subject to any penalties, fees or fines.

(2)

Neglected structures. A property that is determined to be neglected as defined in this section is subject to civil penalties as set forth in section 8.5-1 of the City Code of Ordinances until all requirements, guidelines and maintenance standards have been complied with as set forth within this section. Furthermore, any violation of this section is also considered a misdemeanor as provided in G.S. 14.4 and the property owner may be fined up to five hundred dollars ($500.00).

Once the property has not received any additional nuisance or zoning violation notices within a twelve-month period, it will be deemed compliant with this section and no longer considered neglected. If the property becomes occupied by a person or person(s), it will no longer be considered neglected but may still be considered a nuisance and will be subject to chapter 14 of the City Code. If the property becomes vacant again and violations have occurred or do occur within a twelve-month period, it will be subject to this section. All other chapters of the City Code must be followed and may be pursued in addition to the penalties in this section.

(3)

Abandoned structures. A property that is determined to be abandoned as defined in this section is subject to all penalties as described in subsection (g)(2). Furthermore, the property must be brought into compliance with all minimum housing code violations within a time period of no more than ninety (90) days as defined by the code services division. At the end of the compliance date, any violations that have not been corrected will be abated by the code services division, or a contractor thereof. All costs will be the responsibility of the property owner and if unpaid, will result in a lien against the property.

Once the property has not received any additional minimum housing code violation notices within a twelve-month period and has been brought into compliance with chapter 10 of the City Code, it will be deemed compliant with this section and no longer considered abandoned. Additionally, the property may not become occupied until all current violations have been brought into compliance as the property will be considered unfit for human habitation and posted as the same. Occupancy of such a property is considered a misdemeanor as provided in G.S. 14.4.

(Ord. No. 2015-28, §§ 1, 2, 8-18-15)

Editor's note

Ord. No. 2015-28, §§ 1, 2, adopted Aug. 18, 2015, amended § 10-61 in its entirety to read as set out herein. Former § 10-61 pertained to abandoned dwellings and derived from Ord. No. 2000-80, § 10, adopted Oct. 3, 2000; Ord. No. 2001-23, § 1, adopted April 3, 2001; Ord. No. 2013-08, § 1, adopted April 2, 2013.