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ADMINISTRATION AND ENFORCEMENT
(A) The Office of Housing Inspector is hereby created. Until otherwise provided by the Town Council, the Chief Building Code Officer or his or her designee shall be the Housing Inspector.
(B)
The Housing Inspector shall have the powers provided by G.S. § 160D-1210 and as otherwise may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limiting the generality of the foregoing and in addition to others herein expressly or impliedly granted, the following powers:
(1) Investigations. To investigate dwellings in the town’s jurisdiction in order to determine which dwellings therein are unfit for human habitation and/or unsafe, being guided by the requirements set forth in this chapter;
(2) Oaths, witnesses and the like. To administer oaths and affirmations and to examine witnesses and receive evidence;
(3) Right of entry. To enter upon and within premises and dwellings for the purpose of making examinations and investigations; provided that, the entries shall be made in a manner as to cause the least possible inconvenience to the persons in possession during reasonable hours and upon presentation of proper credentials;
(4) Delegation. To appoint and fix the duties of officers, agents, and employees necessary to carry out the purposes of this chapter; and to delegate any of his or her functions and powers under this chapter to other officers or agents; and
(5) Inspections. To make inspections to determine the condition of dwellings in order that he or she may perform his or her duty of safeguarding the health and safety of occupants and the public. For the purpose of making the inspections after proper notification and presentation of proper credentials, the Housing Inspector is hereby authorized to enter, examine and survey, at all reasonable times, all dwellings and premises. The owner and/or occupant of every dwelling, or the person in charge thereof, shall give the Housing Inspector free access to the dwelling and its premises at all reasonable times for the purpose of the inspections, examination and survey. Every occupant of a dwelling shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling or its premises at all reasonable times for the purpose of making the repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.
(Ord. passed 7-21-2016; Ord. PL05268-110121, passed 12-8-2021)
(A) Except as provided in division (B) of this section, the Housing Inspector may make periodic inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exist in a residential building or structure. However, when the Housing Inspector determines that a safety hazard exists in one of the dwelling units within a multi-family building, which in the opinion of the Housing Inspector poses an immediate threat to the occupant, the Housing Inspector may inspect, in the absence of a specific complaint and actual knowledge of the unsafe condition, additional dwelling units in the multi-family building to determine if that same safety hazard exists. In conducting inspections authorized under this section, the Housing Inspector shall not discriminate between single-family and multi-family buildings or between owner-occupied and tenant-occupied buildings. In exercising this power, the Housing Inspector shall have a right to enter on any premises within its jurisdiction at all reasonable hours for the purposes of inspection or other enforcement action, upon presentation of proper credentials. Nothing in this section shall be construed to prohibit periodic inspections in accordance with state fire prevention code or as otherwise required by state law.
(B) By means of a separate ordinance adopted pursuant to the authority granted at G.S. § 160D-1207, the Town Council may require periodic inspections as part of a targeted effort to respond to blighted or potentially blighted conditions within a geographic area that has been designated by the Town Council.
(Ord. passed 7-21-2016; Ord. PL05268-110121, passed 12-8-2021)
Whenever a petition is filed with the Housing Inspector by at least five residents of the municipality charging that any dwelling is unfit for human habitation or is an unsafe abandoned structure, or whenever either of the foregoing appears to the Housing Inspector (on his or her own motion), the Housing Inspector shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties having an interest in the dwelling or abandoned structure, a complaint stating the charges in that respect and containing a notice that an administrative hearing will be held before the Housing Inspector (or his or her designated agent) at a place within the jurisdiction in which the property is located therein fixed not less than ten days, nor more than 30 days, after the serving of the complaint. The owner and parties in interest shall be given a 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. The rules of evidence prevailing in courts of law or equity shall not be controlling in administrative hearings before the Housing Inspector.
(Ord. passed 7-21-2016; Ord. PL05268-110121, passed 12-8-2021)
If, after the notice and an administrative hearing, the Housing Inspector determines that the structure under consideration is unfit for human habitation and/or an unsafe abandoned structure in accordance with the standards herein set forth, the Housing Inspector shall state in writing his or her findings of fact in support of the determination, and shall issue and cause to be served upon the owner thereof one of the following orders, as appropriate:
(A) If the repair, alteration or improvement of the dwelling or unsafe abandoned structure (sometimes referenced herein collectively as "structure"), bringing it up to the standards described herein, can be made at a cost less than 50% of the present value of the building, the order shall require the owner, within a specified period of time, to repair, alter or improve the structure so as to render it fit for human habitation, or it shall require the owner within the specified time therein, to repair, alter or improve the structure so as to render it safe. The order may require that the structure be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the structure; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the structure subject to the issuance of an order under § 151.49 below.
(B) If the repair, alteration or improvement of the structure, bringing it up to the standards described herein cannot be made at a cost of less than 50% of the present value of the structure, the order shall require the owner, within a specified period of time, to either repair, alter or improve the structure so as to bring it into compliance with the standard described herein, or to demolish and remove the structure. The order may require that the structure be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the structure; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the structure subject to the issuance of an order under § 151.49 below. If the structure is a designated local landmark or located in a historic district of the town, the Housing Inspector shall notify the Historic District Commission, and the Historic District Commission shall, after providing proper notice, hold an administrative hearing to determine if the structure is of particular significance or value toward maintaining the character of the district and if the structure is determined to be of particular significance or value, the order may require that the structure be vacated and closed consistent with G.S. § 160D-949.
(C) The Housing Inspector shall ensure that any order issued under this section that concerns a designated landmark or a structure within a designated historic district is consistent with and follows the procedures and standards applicable to such designated landmark and/or within the designated historic district under the town's unified development ordinance.
(Ord. passed 7-21-2016; Ord. PL05268-110121, passed 12-8-2021)
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