§ 12-41. Failure to comply with orders.

(a)

If the owner fails to comply with an order to repair the building or structure, the code enforcement officer may:

(1)

Cause such structure to be repaired, and pending such repairs, may order the building to be vacated and closed;

(2)

Cause to be posted on the main entrance of any structure so closed, a placard entitled, "Notice of condemnation" with the following words:

"Notice is hereby given that this building is unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally, or may be dangerously infested with vermin rodents or insects. Such building has been condemned under the building laws of the State of North Carolina and the City of Hendersonville."

(b)

If the owner fails to comply with an order to remove or demolish the building, the code enforcement officer may:

(1)

Cause such structure to be removed or demolished;

(2)

Cause to be posted, pending demolition, on the main entrance of any structure so closed, a placard entitled, "Notice of condemnation" with the following words:

"Notice is hereby given that this building is unsafe and dangerous condition; may constitute a fire hazard by reason of structural defects and general state of decay, deterioration and disrepair; may be hazardous or dangerous to children or members of the public generally, or may be dangerously infested with vermin rodents or insects. Such building has been condemned under the building laws of the State of North Carolina and the City of Hendersonville."

(c)

The duties of the code enforcement officer set forth in subsections (a) and (b) shall not be exercised until:

(1)

The city attorney shall institute in the general court of justice an appropriate action to seek an order of the court directing such owner to comply with the order of the code enforcement officer; or

(2)

The code enforcement officer shall request the council to order him by an ordinance specifically describing the subject property to do either of the following:

a.

To cause such building to be repaired, altered and improved to comply with the standards established by this article; or

b.

To cause such building to be vacated, closed, and removed or demolished. The council, in ordering one of the aforesaid alternatives, shall order the specific action that will best effectuate the purposes of this article. Once the ordinance is adopted by the council a true copy of such ordinance shall be recorded in the office of the register of deeds of the county and the registrar shall index the name of the property owner in the "grantor index."

(d)

The amount of the cost of repairs, alterations and improvements, or vacating, closing and removal or demolition shall be a lien against the real property upon which the cost was incurred. Such lien shall be filed, have the same priority and be collected as the lien for special assessment provided in Article 10, Chapter 160A of the North Carolina General Statutes. If the unsafe building is removed or demolished by the code enforcement officer, he shall, if possible, sell in any commercially reasonable manner the materials of the unsafe building and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition. Any balance remaining shall be deposited by the code enforcement officer with the clerk of superior court for subsequent disbursement by the court to the persons found by the court to be entitled thereto.

(e)

Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedies provided herein or otherwise.

(f)

Nothing in this section shall be construed to impair or limit in any way the power of the building inspector in the proper enforcement of the duties of his office, as assigned, nor shall the enforcement of one remedy provided herein prevent the enforcement of any other remedies provided herein or otherwise.

(Ord. No. 08-0316, § 1, 3-6-08)