(A) Whenever a petition is filed with the Housing Inspector by a public authority or by at least five residents of the town charging that any dwelling is unfit for human habitation or whenever it appears to the Housing Inspector (on his or her own motion) that any dwelling is unfit for human habitation, the Housing Inspector shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner and parties in interest in such dwellings a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Housing Inspector (or his or her designated agent) at a place within the town therein fixed not less than ten days, nor more than 30 days, after the serving of the complaint; that the owner and parties in interest shall be given 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; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Housing Inspector.
(B) (1) Upon the issuance of a complaint and notice of hearing pursuant to this section, the Inspector may cause the filing of a notice of lis pendens, with a copy of the complaint and notice of hearing attached thereto, in the office of the Clerk of Superior Court of the county, to be indexed and cross-indexed in accordance with the indexing procedures of state statutes.
(2) The Inspector shall cause a copy of the notice of lis pendens to be served upon the owners and parties in interest in the dwelling at the time of filing in accordance with G.S. § 160A-445, as applicable.
(3) Upon compliance with the requirements of any order issued based upon such complaint and hearing, the Inspector shall direct the Clerk of Superior Court to cancel the notice of lis pendens.
(Ord. 05-6, passed 4-12-2005)