GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-200
SENATE BILL 474
AN ACT AUTHORIZING THE CITIES OF GREENVILLE AND HIGH POINT TO ORDER DWELLINGS DETERMINED UNFIT FOR HUMAN habitation repaired or demolished after a period of six months.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A-443(5b) reads as rewritten:
"(5b) If the governing body shall have adopted an ordinance, or the public officer shall have:
a. In a
municipality other than municipalities with a population in excess of 190,000
by the last federal census, issued an order, ordering a dwelling to be repaired
or vacated and closed, as provided in subdivision (3)a, and if the owner has
vacated and closed such dwelling and kept such dwelling vacated and closed for
a period of one yearsix months pursuant to the ordinance or
order;
b. In a
municipality with a population in excess of 190,000 by the last federal census,
commenced proceedings under the substandard housing regulations regarding a
dwelling to be repaired or vacated and closed, as provided in subdivision
(3)a., and if the owner has vacated and closed such dwelling and kept such
dwelling vacated and closed for a period of one yearsix months
pursuant to the ordinance or after such proceedings have commenced,
then if the governing body shall find
that the owner has abandoned the intent and purpose to repair, alter or improve
the dwelling in order to render it fit for human habitation and that the
continuation of the dwelling in its vacated and closed status would be inimical
to the health, safety, morals and welfare of the municipality in that the
dwelling would continue to deteriorate, would create a fire and safety hazard,
would be a threat to children and vagrants, would attract persons intent on
criminal activities, would cause or contribute to blight and the deterioration
of property values in the area, and would render unavailable property and a
dwelling which might otherwise have been made available to ease the persistent
shortage of decent and affordable housing in this State, then in such
circumstances, the governing body may, after the expiration of such one yearsix-month
period, enact an ordinance and serve such ordinance on the owner, setting forth
the following:
a. If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days; or
b. If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding fifty percent (50%) of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.
This ordinance shall be recorded in the Office of the Register of Deeds in the county wherein the property or properties are located and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the public officer shall effectuate the purpose of the ordinance.
This subdivision applies to the Cities of Eden, Greenville, Lumberton,
Roanoke Rapids, and Whiteville, to the municipalities in Lee County, and the
Towns of Bethel, Farmville, Newport, and Waynesville only."
SECTION 2. This act applies to the Cities of Greenville and High Point only.
SECTION 3. S.L. 1997-414, as it applies to the City of Greenville, is repealed.
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of July, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives