AN ACT to allow the cities of durham and fayetteville and the TOWNS OF HOPE MILLS AND SPRING LAKE to declare residential buildings in community development target areas unsafe and have the option of demolishing those buildings pursuant to G.S. 160A-432, TO GRANT AUTHORITY TO THE city OF Whiteville TO ADDRESS ABANDONED STRUCTURES IN THE SAME MANNER AS MUNICIPALITIES IN larger COUNTIES, AND PROVIDING FOR A TIME TO TAKE OFFICE IN 2002 FOR THE RICHMOND COUNTY BOARD OF EDUCATION.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 160A‑426 reads as rewritten:
"§ 160A‑426.  Unsafe buildings condemned.
(a)	Residential Building and Nonresidential Building or Structure. – Every building that shall appear to the inspector to be especially dangerous to life because of its liability to fire or because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be held to be unsafe, and the inspector shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of the building.
(b)	Residential Building and Nonresidential Building or Structure. – In addition to the authority granted in subsection (a) of this section, an inspector may declare a residential building or nonresidential building or structure within a community development target area to be unsafe if it meets both of the following conditions:
(1)	It appears to the inspector to be vacant or abandoned.
(2)	It appears to the inspector to be in such dilapidated condition as to cause or contribute to blight, disease, vagrancy, fire or safety hazard, to be a danger to children, or to tend to attract persons intent on criminal activities or other activities that would constitute a public nuisance.
(c)	If an inspector declares a residential building or nonresidential building or structure to be unsafe under subsection (b) of this section, the inspector must affix a notice of the unsafe character of the structure to a conspicuous place on the exterior wall of the building. For the purposes of this section, the term "community development target area" means an area that has characteristics of a development zone under G.S. 105‑129.3A, a "nonresidential redevelopment area" under G.S. 160A‑503(10), or an area with similar characteristics designated by the city council as being in special need of revitalization for the benefit and welfare of its citizens."
SECTION 2. G.S. 160A‑432(b) reads as rewritten:
"(b)	In the case of a residential building or nonresidential building or structure declared unsafe under G.S. 160A‑426, a city may, in lieu of taking action under subsection (a), cause the building or structure to be removed or demolished. The amounts incurred by the city in connection with the removal or demolition shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, have the same priority, and be collected in the same manner as liens for special assessments provided in Article 10 of this Chapter. If the building or structure is removed or demolished by the city, the city shall sell the usable materials of the building and any personal property, fixtures, or appurtenances found in or attached to the building. The city shall credit the proceeds of the sale against the cost of the removal or demolition. Any balance remaining from the sale shall be deposited with the clerk of superior court of the county where the property is located and shall be disbursed by the court to the person found to be entitled thereto by final order or decree of the court."
SECTION 3. Section 2 of Chapter 733 of the 1995 Session Laws, as amended by S.L. 1997‑101, S.L. 1997‑414, S.L. 1997‑449, S.L. 1998‑26, and S.L. 1998‑87 reads as rewritten:
"Sec. 2. This act 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 3.1.  Members of the Richmond County Board of Education who are elected at the primary election on September 10, 2002, shall take office on Monday, September 30, 2002, or as soon as possible after election results are certified if the certification occurs on or after September 30, 2002.
SECTION 4.  Sections 1 and 2 of this act apply to the Cities of Durham and Fayetteville and the Towns of Hope Mills and Spring Lake only.
SECTION 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of September, 2002.

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		 Marc Basnight
	 President Pro Tempore of the Senate

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		 James B. Black
	 Speaker of the House of Representatives