(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Inspector by a public authority or by at least five residents of the city charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector upon inspection that any dwelling or dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for the charges, issue and cause to be served, upon the owner of and parties in interest in the dwelling or dwelling unit, a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint.
(2) The owner or any party in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint.
(3) Notice of the hearing also shall be given to at least one of the persons signing a petition relating to the dwelling.
(4) Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard.
(5) The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Inspector.
(B) Procedure after hearing. After the notice and hearing, the Inspector shall state in writing his or her findings of fact and order whether the dwelling or dwelling unit is unfit for human habitation, and if so, whether it is deteriorated or dilapidated.
(1) 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 50% of the then current value of the dwelling, the order shall require that the owner either repair or demolish and remove the dwelling within the time set out in the order.
(2) 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 50% of the then current value of the dwelling, the order shall require the owner to demolish and remove the dwelling within the time set out in the order.
(C) The Inspector shall cause the complaint and notice issued under division (A) and the findings of fact and order issued under division (B) to be filed in the notice of lis pendens in the office of the Clerk of the Superior Court. From the date and time of indexing by the Clerk of Court, the complaint and notice of hearing or findings of fact and order shall be binding upon the successors and assigns of the owners of and parties in interest in the place of habitation. A copy of the notice of lis pendens shall be served upon the owners and parties in interest, including any lienholders and tenants who may be determined by the exercise of reasonable diligence, in the place of habitation at the time of filing in accordance with G.S. 160D-1206. The notice of lis pendens shall remain in full force and effect until it is cancelled. The Inspector shall have the authority to notify the Clerk of Court to cancel the notice of lis pendens when the Code Enforcement Official determines that there no longer is a need for the notice to remain in effect.
(D) Failure to comply with order.
(1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter, or improve the dwelling or dwelling unit within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Inspector to vacate and close, and remove or demolish the dwelling within the time specified therein, the Inspector shall submit to the City Council, at its next regular meeting, a resolution directing the City Attorney to petition the Superior Court for an order directing the owner to comply with the order of the Inspector, as authorized by G.S. 160D-1208(e).
(2) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in (D)(1) above, the Inspector shall submit to the City Council an ordinance ordering the Inspector to cause the dwelling or dwelling unit to be repaired, altered, improved, or vacated and closed and removed or demolished, as provided in the original order of the Inspector, and pending the removal or demolition, to placard the dwelling as provided by G.S. 160D-1203 and § 90.61. No ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. The ordinance shall be recorded in the office of the Register of Deeds of the county and shall be indexed in the name of the property owner in the grantor index.
(E) If the dwelling has been vacated and closed for a period of one year as the result of an ordinance adopted pursuant to division (D) of this section or after an Inspector issues an order or proceedings have commenced under division (C), then the Inspector shall submit to City Council an ordinance finding 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, and welfare of the local government 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 that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state. The City Council may, after the expiration of such one-year period, enact the ordinance and serve such ordinance on the owner, setting forth the following:
(1) 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 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.
(2) 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 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.
(F) Appeals from orders of Inspector. An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Inspector and the Housing Appeals Board a notice of appeal, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is made from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown, upon not less than one day's written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. 160D-1208(d) and division (E) below. The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make the decision and order as in its opinion ought to be made in the matter, and to that end it shall have the powers of the Inspector, the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. The Board shall have the power also in passing upon appeals in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(F) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Inspector or a decision rendered by the Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the Superior Court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G.S. 160D-305 and 160D-1208(d).
(G) Notice to affordable housing agencies. Whenever a determination is made pursuant to division (C) of this section that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this article, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Administrator, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The City Clerk shall certify the mail of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order required the administrator to wait 45 days before causing removal or demolition.
(‘58 Code, § 4-126) (Am. Ord. 16-27, passed 8-15-16; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 21-40, passed 9-7-21)