GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 552
Second Edition Engrossed 5/11/95

Short Title:  Close Housing Standards Loophole.	(Public)
─────────────────────────────────────── 
Sponsors: Representatives Adams; Blue, Bowie, Boyd-McIntyre, Cocklereece, Cunningham, Earle, Easterling, H. Hunter, McLaughlin, Michaux, Sharpe, Shaw, Wainwright, and Womble.
─────────────────────────────────────── 
Referred to:  Judiciary I.
─────────────────────────────────────── 

March 27, 1995

A BILL TO BE ENTITLED
AN ACT TO CLOSE A LOOPHOLE IN THE MINIMUM HOUSING STANDARDS ACT AS IT APPLIES TO LARGE URBAN CITIES WHERE THE OWNER OF SUBSTANDARD PROPERTY CAN AVOID ORDERS TO REPAIR, REMOVE, OR DEMOLISH THE UNIT BY SIMPLY CLOSING IT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 160A-443(5a) reads as rewritten:
"(5a)	If the governing body shall have adopted an ordinance, or the public officer shall have:
a.	In a municipality located in counties which have a population in excess of 163,000 by the last federal census, 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 year 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 year 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 year 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 only applies to municipalities located in counties which have a population in excess of 163,000 by the last federal census."
Sec. 2.  This act is effective upon ratification.