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Ordinance Directing the Housing Inspector to Vacate, Close, and Repair or Demolish the Dwelling at 1311 Simon Street, 1312 South 4th Street, and 1314 South 4th Street, as Unfit for Human Habitation, 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 N.C.G.S. §160D-1203, authorizes the vacating, closing, and repair or demolition of dwellings found unfit for human habitation; and,
WHEREAS, Wilmington City Council (“Council”) finds that the property described herein, located at 1311 Simon Street, 1312 South 4th Street, and 1314 South 4th Street, and having an owner identified as “Ramiro Xavier Martinez” (“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. §160D-1203(3), and pursuant to an order issued by the Hearing Officer on June 11, 2021, and the Owner has 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, Council has determined that the condition of the dwelling at 1311 Simon Street, 1312 South 4th Street, and 1314 South 4th Street 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 directed to place on the dwelling bearing the postal enumeration 1311 Simon Street, 1312 South 4th Street, and 1314 South 4th Street, a placard containing the legend:
“This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
Section 2. The realty upon which said dwelling is situated is more particularly described as follows:
First Tract:
BEGINNING at a point in the eastern line of Virginia Street 165 feet south of the southern line of Kidder Street; running thence southwardly along said line of Virginia Street 33 feet; thence eastwardly and parallel with Kidder Street 75 feet; thence northwardly and parallel with Virginia Street 33 feet; thence westwardly and parallel with Kidder Street 75 feet to the eastern line of Virginia Street the Beginning. Same being part of Lot #3 in Block 556 according to the official plan of the City of Wilmington.
Second Tract:
Beginning at a point in the western line of 4th Street 165 feet south of the southern line of Kidder Street; runs thence southwardly along said line of Fourth Street 33 feet; thence westwardly parallel with Kidder Street 75 feet; thence northwardly parallel with Fourth Street 33 feet; thence eastwardly and parallel with Kidder Street 75 feet to the western line of 4th Street the beginning. Same being Lot 6 in Block 556 according to the map of the Wilmington Suburban Company’s Property, duly recorded in the records of New Hanover County in Book 68 at Page 385.
Parcel ID: R05413-037-005-000
Section 3. It shall be unlawful for any person to remove or cause to be removed said placard from any dwelling to which it is affixed. It shall likewise be unlawful for any person to occupy or permit the occupancy of any dwelling therein declared to be unfit for human habitation. Occupation of a building so posted shall constitute a Class 1 misdemeanor.
Section 4. The Owner and/or any other parties in interest of the dwelling herein above described are hereby ordered to vacate and close the subject dwelling found by the Housing Inspector to be unfit for human habitation from the date of adoption of this ordinance, and to repair or demolish the subject dwelling within 180 days from the date of adoption of this ordinance to meet the requirements of the MHC.
Section 5. If the Owners and/or any other parties in interest fail to have the dwelling vacated, the Housing Inspector is hereby authorized to commence summary ejectment proceedings pursuant to N.C.G.S. §160D-1203(8).
Section 6. If the Owner and/or any other parties in interest shall fail or refuse to vacate, close and repair or demolish said dwelling within the time allowed, then the Housing Inspector is hereby authorized and directed to proceed to vacate, close, and repair or demolish the above-described dwelling, in accordance with this ordinance and order to the Owner thereof, dated June 11, 2021, pursuant to Section 16-232 of the MHC and N.C.G.S. §160D-1203. The cost of any such repairs, alterations, demolition, or improvements, and vacating and closing, by the Housing Inspector shall be a lien against the real property upon which the cost was incurred, as provided in Section 16-232 of the MHC and N.C.G.S. §160D-1203(7).
Section 7. The Housing Inspector is further directed and authorized to take such other and further action and exercise such other powers with respect to said dwelling as may be necessary or convenient to carry out and effectuate the provisions of the MHC.
Section 8. 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 9. Any person violating the provisions of the ordinance shall be subject to the penalties set forth in Section 16-1 of the City Code. If the violation is continued, each day’s violation shall be a separate offense.
Section 10. 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-1208, or by receivership pursuant to N.C.G.S. §160D-1130.
Section 11. This ordinance may be enforced by any, all, or a combination of the remedies as authorized and prescribed above and by law.
Section 12. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed, to the extent of such conflict.
Section 13. 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 14. The Owner of the property described herein is Ramiro Xavier Martinez.
Section 15. The City Attorney is authorized to proceed with in rem foreclosure proceedings to collect taxes and liens owed for the property.
Section 16. This ordinance shall become effective upon its adoption.