OAK ISLAND — The Oak Island Town Council voted to condemn two dilapidated residential homes this week, based on its minimum housing code. It also had its first appeal hearing of the minimum housing code enforcement in at least five years, according to the town.
The minimum housing code states a dwelling cannot be unsafe, unsanitary, or deteriorated if it is unfit for habitation. In both cases presented on Tuesday — one owned by Burt Lea and the other by non-residents whose names were not provided — the houses were considered dilapidated, which means the required repairs exceeded 50% of the home’s tax value, not including the land.
Oak Island has recently cracked down on numerous code violations after years of inaction due to a lack of staffing and programming; it issued 21 total for the two properties but no corrections were taken care of after three years of violations. According to spokesperson Mike Emory, while the violations had been issued, enforcement had never escalated to or resulted in a hearing.
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Council worried continuing neglect would ruin the town’s aesthetic and also cause safety hazards.
“We as a council have held Taylor [Davis] and Taylor staff’s feet to the fire over code enforcement. We have beat them to death. What have you done about this property? What have you done about that property?” councilmember Terri Cartner said, referring to the planning manager hired in March 2025. “If we don’t uphold this tonight, I don’t want to ever hear anybody say anything else about minimum housing or code violations.”
Davis began allocating staff resources to create a more robust minimum housing program in 2025; staff streamlined the code enforcement process to match state regulations and began identifying houses with outstanding violations.
The town’s first condemnation of a property on East Beach Drive was in April 2026, considered a health hazard due to mold. Tuesday marked the town’s second and third, but the first appeal of a minimum housing hearing decision. In order to appeal, the council vote needs to be 4-1 for a supermajority. A regular majority vote can affirm the staff ruling stands, though.
Burt Lea appealed his property’s condemnation at 4906 E. Beach Drive, telling council Tuesday, Aug. 18, it was destroyed by Hurricane Isaias in 2020. The storm moved the house back and busted the windows; furniture was ruined, along with the roof, floors, and utility hookups.
In May, staff determined it was condemned.
The tax value of the home, according to the county, is $6,390, with the cost to improve upward of $130,000. Thus, it far exceeds 50% of the tax value on the house, as denoted by the minimum housing code’s definition of a dilapidated structure.
According to case history presented by planning manager Davis, Lea obtained building permits in December 2021 to place his home on pilings to prevent another storm from ruining and moving the house. The permit expired in 12 months, but the house was never moved onto the pilings. Lea received his first of eight violations in February 2023.
An administrative warrant — court-ordered to allow for planning and zoning to investigate a home — was issued in April 2026, shortly before Lea’s first hearing scheduled on April 14, which he attended, though it was continued to May.
That same month, staff found the following conditions at the property:
- Wiring and electrical fixtures in a state of disrepair
- No heating facilities in good working condition
- Lack of exterior weatherproofing
- Interior floors, walls and partitions in an unsound condition
- Sanitary facilities in non-working condition
- No hot/cold water supply
- Property in an overall unsanitary condition (deceased animal on property at time of inspection)
- Unsafe foundation, means of egress, stairs, and porch
- Broken windows, among other issues
A second hearing was scheduled for May 13, but Lea missed it. He was given 90 days to either mend the structure entirely or demolish it.
“I’m just not good at linear time anymore,” he explained to council and added he has since cleaned the yard, boarded up the windows and cleaned the inside of the house. The house also has been put onto pilings and was cleared of debris sometime between May and August.
Lea and his contractor, David Wallace of David Wallace Home Builders, who was also present Tuesday, explained their desire to get the house up to code. Wallace said it was possible to make corrections, but not within 60 days, as mandated by state statute.
Meanwhile, Lea expressed his desire to eventually move back in; he has been living in a motel for years as a result of the damages.
The elder property owner explained he experienced numerous hardships in the last six years. He endured heart surgery, Covid-19, his wife’s illness, the death of his daughter and now is rearing a grandchild.
“The torture never stops,” he told council.
Council was torn about condemning Lea’s home. Mayor Pro Tem Bill Craft and councilmember Chasey Bynum wished to modify staff’s decision and give Lea extra time to resolve the violations. For example, council floated allotting Lea six months as opposed to 60 days.
“I want to be able to live with my decision,” Bynum said through tears. “So, I would like us to reconsider, to maybe modify this. If nobody else is willing, that’s fine, but I would like us to consider that.”
Though some worried about creating a cyclical issue.
“Should we decide to delay this for six months or a year, then we could potentially be back in the same exact situation,” councilmember Bob Ciullo said. “And I think that five years has been sufficient. Eight letters, multiple hearings, and if we just continue this, I just don’t think we’re actually going to come to an endgame.”
Council member Tommy Brown explained, per state statute, town council’s “hands were tied.” State statute 160D-12 outlines a minimum housing code similar to Oak Island’s, and dictates the timeframe for remediation as and defines dilapidation.
Still, Ciullo motioned to condemn, which passed 3-2, with Bynum and Craft dissenting. Lea has less than 60 days to demolish or move his house, or the town will take over and invoice him. From there, he would have an additional 30 days to pay back the town for fronting the costs and if he doesn’t, the property could become a lien, or collateral, for the town to make the money back.
Port City Daily reached out to the town to ask how much it would cost to demolish the property but an estimate isn’t available currently. However, Wallace told Port City Daily it would likely be around $14,000. Lea didn’t respond by press to discuss Oak Island council’s decision.
As for the property at 4308 East Oak Island Drive, also discussed at Tuesday’s meeting, the owner did not live in town and had not visited the property in about 20 years, Davis said. The family was issued 13 notices of violation. The purpose of the hearing, though, was for staff to receive approval to demolish the house.
The findings by staff included:
- Failure to maintain heating facilities in safe and good working condition
- Failure to maintain electrical fixtures, equipment, and wiring in state of good repair
- Failure to maintain roof (allowing water intrusion)
- Failure to maintain sanitary facilities in good working condition
- Failure to provide hot/cold water supply
- Failure to maintain property in sanitary condition
- Overgrown vegetation – structure not visible from street, not accessible by vehicle
Drug paraphernalia was also uncovered at the house.
None of the property owners were present at the hearing, though Davis explained they retained a lawyer because they are interested in selling the property.
Council voted unanimously to condemn it and the town is seeking a contractor for the work.
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