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Ordinance Directing the Housing Inspector to Vacate, Close, and Repair or Demolish the Dwelling at 1106 North 5th Avenue as Unfit For Human Habitation Pursuant to Article V, Chapter 16 of the Wilmington City Code, and Directing That a Notice Be Placed Thereon Prohibiting Its Use or Occupancy
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LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City's Minimum Housing Code ("MHC"), enacted pursuant to Section 160D-1203 of the North Carolina General Statues, authorizes the vacating, closing, and repair or demolition of dwellings found unfit for human habitation; and,
WHEREAS, the Wilmington City Council ("Council") finds that the property described herein, located at 1106 North 5th Avenue, and having owners identified as "Richard James Epps, Sr." ("Owner"), is unfit for human habitation under the MHC, and that all of the provisions of the MHC have been complied with as a condition of the adoption of this ordinance; and,
WHEREAS, said dwelling should be vacated, closed, and repaired to meet the requirements of the MHC, or demolished, as directed by the Housing Inspector, and should be placarded by placing thereon a notice prohibiting use for human habitation; and,
WHEREAS, the Owner of said dwelling has been given a reasonable opportunity to bring the dwelling up to the standards of the MHC, in accordance with N.C.G.S. Section 160D-1203(3), and pursuant to an order issued by the Hearing Officer on September 7, 2020, and the Owner has failed to comply with the order; and,
WHEREAS, N.C.G.S. Section 160A-193 provides cities with the authority to summarily remove, abate, or remedy everything in the city limits that is dangerous or prejudicial to the public health or public safety; and,
WHEREAS, the Council has determined that the condition of the dwelling at 1106 North 5th Avenue constitutes a danger to the public safety and should be immediately repaired or removed.
NOW, THEREFORE, BE IT ORDAINED:
Section 1. The Housing Inspector is hereby authorized and dire...
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