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Ordinance Directing the Enforcement Officer to Vacate, Close, and Repair the Nonresidential Structure at 255 North Front Street as a Health and Safety Hazard and Directing That a Notice Be Placed Thereon Prohibiting Its Use or Occupancy
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LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City’s Nonresidential Structure Code (“NRSC”), enacted pursuant to N.C.G.S. §160D-1129, authorizes the vacating, closing, and repair or demolition of nonresidential structures found to be health and safety hazards; and,
WHEREAS, the City Council of the City of Wilmington finds that the property described herein, located at 255 North Front Street and having owners identified as “Adrian Holdings LLC, North Front Street Ventures LLC, 255 North Front Street Condos, Inc., Thomas Monaghan, Thomas Simpson” (“Owners”), is a health and safety hazard under the NRSC, and that all of the provisions of the NRSC have been complied with as a condition of the adoption of this ordinance; and,
WHEREAS, said structure should be vacated, closed, and repaired to meet the requirements of the NRSC, as directed by the Enforcement Officer, and should be placarded by placing thereon a notice prohibiting use or occupancy; and,
WHEREAS, the Owners have been given a reasonable opportunity to bring the structure up to the standards of the NRSC, pursuant to an order issued by the Hearing Officer on April 11, 2022, and the Owner have failed to comply with the order; and,
WHEREAS, N.C.G.S. §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, City Council has determined that the condition of the structure at 255 North Front Street constitutes a danger to the public safety and should be immediately repaired.
NOW, THEREFORE, BE IT ORDAINED:
Section 1. The Enforcement Officer is hereby authorized and directed to place on the structure bearing the postal enumeration of 255 North Front Street a placard containing the legend:
“This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful.”
The realty upon which said structure is situated is more particularly described as follows:
BEING ALL of the property known as 255 North Front Street Condominiums as shown on condominium plat entitled, “255 North Front Street Condominiums,” duly recorded in the condominium plat Book 19, Pages 18-23, New Hanover County Registry, reference to which is hereby made for a more particular description.
LESS AND EXCEPT Unit 100, 255 North Front Street Condominiums, previously conveyed to Princeton Place Apartments, LLC, by deed recorded in Book 6135, Page 2404, New Hanover County Registry
Parcel ID: R04720-007-017-000, R04720-007-017-001, R04720-007-017-003, R04720-007-017-004, R04720-007-017-005
Section 2. It shall be unlawful for any person to remove or cause to be removed said placard from any structure to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any structure herein declared to be unfit for human habitation. Occupation of a building so posted shall constitute a Class 3 misdemeanor.
Section 3. The Owners of the structure described herein are hereby ordered to vacate and close the subject structure found by the Enforcement Officer to be a health and safety hazard, and to repair the subject structure within 180 days from the date of adoption of this ordinance to meet the requirements of the NRSC. If the Owners fail to have the structure vacated, the Enforcement Officer is hereby authorized to commence summary ejectment proceedings pursuant to N.C.G.S. §160D-1129(j).
Section 4. If the Owners shall fail or refuse to vacate, close, and repair or demolish said structure within the time allowed, the Enforcement Officer is hereby authorized and directed to proceed to vacate, close, and repair the above-described structure in accordance with this ordinance and order to the owner thereof dated April 11, 2022, pursuant to Section 16-317 of the NRSC and N.C.G.S. §160D-1129. The cost of any such repairs, alterations, demolition, or improvements, and vacating and closing, by the Enforcement Officer shall be a lien against the real property upon which the cost was incurred as provided in Section 16-322 of the NRSC and N.C.G.S. §160D-1129(i).
Section 5. The Enforcement Officer is further directed and authorized to take such other and further action and exercise such other powers with respect to said structure as may be necessary or convenient to carry out and effectuate the provisions of the NRSC.
Section 6. The City Clerk is hereby directed to record a certified copy of this ordinance in the office of the New Hanover County Register of Deeds and see that it is properly indexed in the name of the property owner(s) in the grantor index.
Section 7. Any person violating the provisions of the ordinance shall be subject to the penalties set forth in Section 16-1 of the Wilmington City Code. If the violation is continued, each day’s violation shall be a separate offense.
Section 8. This ordinance may be enforced by an appropriate equitable remedy, including but not limited to an injunction or order of abatement issued from any court of competent jurisdiction pursuant to N.C.G.S. §160D-1129, or by receivership pursuant to N.C.G.S. §160D-1130.
Section 9. This ordinance may be enforced by any, all, or a combination of the remedies as authorized and prescribed above and by law.
Section 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed, to the extent of such conflict.
Section 11. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall not affect the validity of the remaining portions hereof.
Section 12. The Owners of the property described herein are Adrian Holdings LLC, North Front Street Ventures LLC, 255 North Front Street Condos, Inc., Thomas Monaghan, and Thomas Simpson.
Section 13. The City Attorney is authorized to proceed with in rem foreclosure proceedings to collect taxes and liens owed for the property.
Section 14. This ordinance shall become effective upon its adoption.