Burke County, NC Property Maintenance: Property Blight (2026)
Key Facts
- Governing chapter
- Ch. 10, art. II Housing Code
- Trigger
- Dwelling found unfit for habitation
- Order options
- Repair/alter or remove/demolish
- Noncompliance
- Separate offense each day
- Cost recovery
- Lien on property, § 10-39
- Posted-building offense
- Class 1 misdemeanor to occupy
Summary
Burke County's housing code lets the building code administrator order the owner of an unfit dwelling in unincorporated Burke County to repair it or tear it down; ignoring that order is a separate offense every day it continues under Code § 10-28. If the owner still will not comply, the county board of commissioners can authorize the public officer to post the property "unfit for human habitation" and have it repaired, closed or demolished at the owner's cost.
Sec. 10-28. - Violations; penalty.(a)It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve such dwelling or dwelling unit, or to vacate and close and remove or demolish such dwelling or dwelling unit, upon order of the building code administrator duly made and served as provided in this article, within the time specified in such order. Each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense. ... ... Sec. 10-36. - Procedure for enforcement; notice; hearing. ... (c)Failure to comply with order.(1)If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered or improved or to be vacated and closed; the public officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful." Occupation of a building so posted shall constitute a Class 1 misdemeanor.
Full Breakdown
Chapter 10, article II of the Burke County Code targets dwellings that are unfit for human habitation due to dilapidation, fire hazards, and unsanitary conditions, under the findings in § 10-26. Once the building code administrator investigates and, after notice and a hearing under § 10-36, finds a dwelling unfit, the administrator issues a written order requiring the owner to repair, alter or improve the dwelling if that can be done at reasonable cost, or to remove or demolish it if it cannot. Section 10-28 makes it unlawful for the owner to ignore that order: failing, neglecting or refusing to repair, vacate, close, remove or demolish the dwelling within the time the order sets is a violation, and each day the failure continues counts as a separate offense.
If the owner still does not comply, § 10-36(c) lets the public officer, once the board of commissioners has passed its own ordinance authorizing action on that specific property, carry out the repair, closing or demolition directly and post a placard on the dwelling stating, in the code's own words, that the building is unfit for human habitation and that occupying it is prohibited and unlawful; occupying a posted building is a Class 1 misdemeanor. The county recovers what it spends: under § 10-39, the cost of any repair, closing or demolition the public officer carries out becomes a lien against the property, filed and enforced the same way as a special-assessment lien, and if the dwelling is demolished the officer sells the salvageable materials and credits the proceeds against that cost. Any dwelling in a historic district gets an extra layer of review from the historic district commission before demolition can be ordered.
Violations & Fines
Ignoring a repair-or-demolish order under § 10-28 is a misdemeanor under G.S. 14-4, and each day of continued noncompliance is a separate offense; occupying a dwelling the county has posted and closed under § 10-36(c) is a Class 1 misdemeanor. The county can also recover its own repair or demolition costs as a lien on the property, collected the way special-assessment liens are collected under § 10-39.
Frequently Asked Questions
Who decides a house in Burke County is unfit for habitation?
What happens if the owner ignores the repair order?
Can the county fix or tear down the house itself?
Is it illegal to live in a posted, closed dwelling?
Sources & Official References
Other rules in Burke County
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