(A) Issuance of complaint.
(1) Whenever the town receives a complaint, or whenever it appears to the code enforcement officer (on his or her own motion) that a dwelling is unfit for human habitation, the code enforcement officer shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of the dwelling a complaint stating the charges of violations of this code, listing code deficiencies, and containing a notice that a hearing will be held before the Town Manager at a place, date and time specified. The notice shall also notify the owner(s) that they 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; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Town Manager.
(2) Provided, however, the code enforcement officer may, prior to the issuance of a complaint, serve upon the property owner or property owner's agent with a violation notice giving the property owner up to 90 days to correct violations.
(B) Findings of fact and order. If, after the notice and hearing, the Town Manager determines that the dwelling under consideration is unsafe or unfit for human habitation, according to the standards of this code, he or she shall state in writing his or her findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order.
(1) If the dwelling is found to be deteriorated as defined in this code, the Town Manager shall require the owner to repair, alter or improve the dwelling so as to bring it into compliance with this code within a period not to exceed 120 days of the service of the order upon the owner. The order may also require the owner to vacate and close the dwelling as a human habitation. Where the Town Manager finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in the lesser time period as may be necessary.
(2) If the dwelling is found to be dilapidated as defined in this code, the Town Manager may require the owner to demolish and remove the dwelling within a period not to exceed 90 days of the service of the order. Where the Town Manager finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser time period as may be necessary. The order will not bar the owner from making repairs as are necessary to bring the dwelling into compliance with this code within the corrective action period imposed by the order.
(C) Action upon failure to comply with order.
(1) If the owner of a dwelling fails to comply with an order to repair or to vacate and close the dwelling, the Town Manager may cause the dwelling to be repaired or to be vacated and closed.
(a) The Town Manager may cause to be posted on the main entrance of any dwelling so closed a placard with the following words:
"This dwelling is unfit for human habitation. The use or occupation of this dwelling for human habitation is prohibited and unlawful."
(b) Occupation of a dwelling so posted shall constitute a misdemeanor.
(2) If the owner fails to comply with an order to demolish and remove the dwelling, the Town Manager may cause the dwelling to be demolished and removed.
(3) The order of the Town Manager to repair, vacate and close or demolish and remove shall not be exercised until the Town Council shall have by ordinance ordered the Town Manager to proceed to effectuate the purpose of this code with respect to the particular property.
(a) No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given reasonable opportunity to bring it into conformity with this code.
(b) The ordinance shall be recorded in the Office of the Register of Deeds for the appropriate county and shall be indexed in the name of the property owner in the grantor index.
(4) The amount of the cost of repairs, alterations or vacating and closing, or demolition and removal caused by the Town Manager shall be a lien against the real property upon which the cost was incurred. This lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Art. 10. If the dwelling is caused to be demolished and removed by the Town Manager, he or she shall, where feasible, sell the materials of the dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the demolition and removal. Any balance remaining shall be deposited in the appropriate County Superior Court by the Town Manager, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
(5) If any occupant fails to comply with an order to vacate a dwelling, the town may file a civil action to remove the occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying the dwelling. The Clerk of the appropriate County Superior Court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. § 42-29.
(a) The summons shall be returned according to its tenor, and if on its return it appears to have been duly served, and if at the hearing the Town Manager produces a certified copy of an ordinance adopted by the town pursuant to division (C)(3) above authorizing to proceed to vacate the occupied dwelling, the magistrate shall enter a judgement ordering that the premises be vacated and that all persons be removed.
(b) The judgement ordering that the dwelling be vacated shall be enforced in the same manner as the judgement for summary ejectment entered under G.S. § 42-30. An appeal from any judgement entered hereunder by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of the judgement may be stayed as provided in G.S. § 7A-227.
(c) An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this section unless the occupant has been served with notice at least 30 days before the filing of the summary ejectment proceeding that the town has ordered the Town Manager to proceed to exercise his or her duties under this section to vacate and close or demolish and remove the dwelling.
(D) Displacement. In enforcing the provisions of this code, the Town Manager shall make every effort to prevent unnecessary displacement of occupants, including assisting in locating alternate housing.
(E) Determination of value. The code enforcement officer is hereby authorized to fix the reasonable value of any dwelling or abandoned dwelling for the purpose of this code at the amount set forth in the appropriate county's property tax listing (as adjusted by the County Assessor, or pursuant to the Assessor's instruction), not including land value. The value shall be binding unless the owner provides for delivery of a written appraisal as to the reasonable value of the dwelling prepared by a state-certified residential appraiser within 15 days after receipt of an order from the Town Manager. The written appraisal shall be binding and conclusive for the purposes of this code.
(F) Service of complaints and orders.
(1) Complaints and orders issued pursuant to this code shall be served upon persons either personally or by certified mail; but if the identities of any owners or the whereabouts of the persons are unknown and the same cannot be ascertained by the Code Enforcement Officer, in the exercise of reasonable diligence, and the Code Enforcement Officer makes an affidavit to that effect, then the serving of the complaint or order upon the unknown owners may be made by publication in a newspaper having general circulation in the town at least once no later than the time at which personal service would be required under this code.
(2) Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby effected. Failure on the part of any owner or party in interest to receive or have served upon him or her any complaint, notice or order herein provided for shall not affect or invalidate the proceedings with respect to any other owner or party in interest or any other person, firm or corporation.
(G) Civil penalties. An owner who fails to comply with an order to repair or to improve, vacate, close or demolish and remove any dwelling determined unfit for human habitation pursuant to the provisions contained in this code, or who permits the occupancy or re-occupancy of an unsafe or unfit dwelling in violation of this code shall be subject to a civil penalty of $100 for the first day following the expiration of an order to repair or improve, vacate or close any occupied dwelling or following a determination that an unfit dwelling has been re-occupied in violation of this code. In each instance, a penalty of $20 per day shall be imposed for each subsequent day that the failure to comply continues. If a person fails to pay the civil penalty within ten days after being notified of the amount due, the town may recover the penalty together with all costs by filing a civil action in the General Court of Justice in the nature of a suit to collect a debt.
(H) Violator responsible for costs. In the event it is necessary for the town to file a civil action to enforce any provision of this chapter, the violator shall be liable for and may pay to the town all costs and attorney fees incurred by the town.
(1989 Code, Title VI, Ch. 80, § 9) (Ord. passed 6-10-2003; Ord. 2021-03, passed 6-8-2021)