Sec. 11.5.9. Enforcement

  1. Criminal Violation.
    If any person shall violate any provision of this Article, he shall be guilty of a misdemeanor and shall be punished as allowed by law.
  2. Injunctive or Other Relief.
    The City 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.
  3. City's Option to Remove Unsafe Building or Structure.
    1. If an appeal is not taken within 10 days and the owner fails to comply with the order issued, the Housing & Neighborhoods Director or his designee shall report such facts and conditions of the building or structure to the Council for action at a meeting at which time the owner and other interested parties may be heard. The Council may direct by ordinance that the City repair, remove, or demolish the building or structure, the cost of which shall become a lien against the premises upon confirmation of the cost thereof by the City Council. The confirmation shall take place only after 10 days' written notice mailed by first-class mail to the owner at the address shown on county tax records. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in Chapter 160A, Article 10 of the General Statutes.
    2. 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.
    3. The amounts incurred by the City in connection with the removal or demolition shall also be a lien against any other real property owned by the owner of the building or structure and located within the city limits or within one mile of the city limits, except for the owner's primary residence. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in Chapter 160A, Article 10 of the General Statutes, except that this additional lien is inferior to all prior liens and shall be collected as a money judgment.
  4. Civil Penalties.
    1. Any owner of a building or structure who fails to comply with an order to repair, vacate and close, demolish or remove any building or structure declared unsafe pursuant to the provisions contained in this Article, or by state law, shall be subject to a civil penalty of $500.00 upon the first day following the expiration of any deadline as set forth within said order to repair, vacate and close, or demolish said building or structure.
    2. Continuing Civil Penalty. A continuing civil penalty of $100.00 per day shall be imposed for each subsequent day that any unsafe building or structure remains in violation of any duly issued order issued pursuant to this Article.
    3. Any person who shall reoccupy or any person who shall permit the reoccupancy of any building or structure declared unsafe, once vacated, shall be subject to a civil penalty of $500.00 upon the determination that the building or structure has been reoccupied in violation of this UDO. Each day's occupancy shall be a distinct and separate offense.
    4. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.