GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-386
AN ACT AMENDING CERTAIN STATUTES REGULATING UNSAFE BUILDINGS AND TO EXTEND THE TIME DURING WHICH COUNTIES MAY DISPOSE OF DWELLINGS AT PRIVATE SALE THAT WERE PURCHASED UNDER THE HAZARD MITIGATION GRANT PROGRAM.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A-426 reads as rewritten:
"§ 160A-426. Unsafe buildings condemned.
(a) Residential Building.Building
and Nonresidential Building or Structure. - Every building which that
shall appear to the inspector to be especially dangerous to life because of
its liability to fire or because of bad condition of walls, overloaded floors,
defective construction, decay, unsafe wiring or heating system, inadequate
means of egress, or other causes, shall be held to be unsafe, and the inspector
shall affix a notice of the dangerous character of the structure to a
conspicuous place on the exterior wall of said the building.
(b) Nonresidential
Building or Structure. - An In addition to the authority granted in
subsection (a) of this section, an inspector may declare a nonresidential
building or structure within a community development target area to be unsafe
if it meets both of the following conditions:
(1) It appears to the inspector to be vacant or abandoned.
(2) It appears to the
inspector to be in such dilapidated condition as to cause or contribute to
blight, disease, vagrancy, fire or safety hazard, to be a danger to children,
or to tend to attract persons intent on criminal activities or other activities
which that would constitute a public nuisance.
(c) If an
inspector declares a nonresidential building or structure to be unsafe, unsafe
under subsection (b) of this section, the inspector must affix a notice of
the unsafe character of the structure to a conspicuous place on the exterior
wall of the building. For the purposes of this subsection, section, the
term "community development target area" means an area that has
characteristics of a development zone under G.S. 105-129.3A, a
"nonresidential development redevelopment area" under
G.S. 160A-503(10), or an area with similar characteristics designated by the
city council as being in special need of revitalization for the benefit and
welfare of its citizens."
SECTION 2. G.S. 160A-432 reads as rewritten:
"§ 160A-432.
Civil and equitable enforcement.Enforcement.
(a) Civil Enforcement.
-Whenever any violation is denominated a misdemeanor under the provisions
of this Part, the city, either in addition to or in lieu of other remedies, may
initiate any appropriate action or proceedings to prevent, restrain, correct,
or abate the violation or to prevent the occupancy of the building or structure
involved.
(b) Equitable
Enforcement. -In the case of a nonresidential building or structure
declared unsafe under G.S. 160A-426(b),160A-426, a city may, in
lieu of taking action under subsection (a), cause the building or structure to
be removed or demolished. The amounts incurred by the city in connection with
the removal or demolition shall be a lien against the real property upon which
the cost was incurred. The lien shall be filed, have the same priority, and be
collected in the same manner as liens for special assessments provided in
Article 10 of this Chapter. If the building or structure is removed or
demolished by the city, the city shall sell the usable materials of the
building and any personal property, fixtures, or appurtenances found in or
attached to the building. The city shall credit the proceeds of the sale
against the cost of the removal or demolition. Any balance remaining from the
sale shall be deposited with the clerk of superior court of the county where the
property is located and shall be disbursed by the court to the person found to
be entitled thereto by final order or decree of the court.
(c) Nothing in this section shall be construed to impair or limit the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise."
SECTION 3. Section 2 of S.L. 2001-29 reads as rewritten:
"Section 2. A county may sell any improvements affixed to or located on real property that it has purchased through the Hazard Mitigation Grant Program related to Hurricane Floyd. These improvements may be sold and are exempt from the restrictions and limitations required to effectuate sales of real or personal property provided for in Article 12 of Chapter 160A of the General Statutes. No dwelling may be sold pursuant to this section unless the following requirements are met:
(1) The dwelling may be sold only to the verifiable owner of the dwelling at the time of Hurricane Floyd, September 15, 1999, and must initially be reoccupied by the same owner.
(2) The dwelling must have been properly repaired in compliance with the North Carolina Building Code as verified by the county Planning and Development Department by issuance of a building permit, subsequent inspections, and a certificate of occupancy.
(3) The dwelling must be
sold on or before July 31, 2001.December 31, 2002."
SECTION 4. Sections 1 and 2 of this act are effective when they become law. Section 3 of this act is effective on and after July 31, 2001.
In the General Assembly read three times and ratified this the 21st day of August, 2001.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 5:36 p.m. this 26th day of August, 2001