§ 8-16. 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 shall:

(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 Sanford".

(b)

If the owner fails to comply with an order to remove or demolish the building or structure, the code enforcement officer shall;

(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 Sanford".

(3)

The duties of the code enforcement officer as set forth in this subsection (b) shall not be exercised until:

a.

The code enforcement officer shall request the Sanford City Council to order him by an ordinance (specifically describing the subject property) to cause such building to be demolished.

b.

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 nonresidential building or structure is removed or demolished by the code enforcement officer, he or she shall offer for sale the recoverable materials of the building or structure and any personal property, fixtures, or appurtenances found in or attached to the building or structure and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court. Nothing in this section shall be construed to impair or limit in any way the power of the City of Sanford to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

c.

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.

d.

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. 2014-39, 8-5-2014)