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(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)
(A) Repair, closing, and posting. If the owner fails to comply with an order to repair, alter or improve, or to vacate and close a dwelling or unsafe abandoned structure, the Housing Inspector may cause the structure to be repaired, altered or improved, or to be vacated and closed, and the Housing Inspector may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: "This building [or structure] is unfit for human habitation [and/or unsafe]; the use or occupation of this building [or structure] for human habitation is prohibited and unlawful." Occupation of a structure so posted shall constitute a Class 1 misdemeanor. The duties of the Housing Inspector set forth in this division shall not be exercised until the Town Council shall have by ordinance ordered the Housing Inspector to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the Housing Inspector shall have found to be unfit for human habitation or an unsafe abandoned structure, and which property or properties shall be described in the ordinance. This ordinance shall be recorded in the office of the Register of Deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(B) Demolition. If the owner fails to comply with an order to remove or demolish a dwelling or an unsafe abandoned structure, the Housing Inspector may cause such structure to be removed or demolished. The duties of the Housing Inspector set forth in this division shall not be exercised until the Town Council shall have by ordinance ordered the Housing Inspector to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the Housing Inspector shall have found to be unfit for human habitation or an unsafe abandoned structure, and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a structure until the owner has first been given a reasonable opportunity to bring it into conformity with this chapter and any other applicable codes. This ordinance shall be recorded in the office of the Register of Deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(C) Abandonment of intent to repair.
(1) If a structure has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to division (A) of this section, or after the Housing Inspector issues an order or proceedings have commenced regarding a structure to be repaired or vacated and closed as provided in this section, then the Town Council may find that the owner has abandoned the intent and purpose to repair, alter, or improve the structure in order to render it fit for human habitation and/or safe and that the continuation of the structure in its vacated and closed status would be inimical to the health, safety, and welfare of the local government in that the structure 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 structure that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the Town Council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
(a) 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.
(b) 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.
(2) This ordinance shall be recorded in the office of the register of deeds 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 housing inspector shall effectuate the purpose of the ordinance.
(D) If any occupant fails to comply with an order to vacate a dwelling, the Housing Inspector may file a civil action in the name of the town 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 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. 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 Housing Inspector produces a certified copy of an ordinance adopted by the governing body pursuant to division (C) above, authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. 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. 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 division (D), unless the occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the governing body has ordered the Housing Inspector to proceed to exercise his or her duties under division (C) of this section to vacate and close or remove and demolish the dwelling.
(E) Whenever a determination is made pursuant to § 151.48 that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this section, 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 the notices. A minimum period of 45 days from the mailing of the notice shall be given before removal or demolition by action of the Housing Inspector, to allow the opportunity of any organization to negotiate with the owner to make repairs, lease or purchase the property for the purpose of providing affordable housing. The Housing Inspector or clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for the notices may raise the issue of failure to mail the notices, and the sole remedy shall be an order requiring the Housing Inspector to wait 45 days before causing removal or demolition. Authority: G.S. § 160D-1203.
(F) The Town Council shall ensure that any ordinance issued under this section that concerns a designated landmark or a structure located 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)
(A)
Complaints or orders issued by the Housing Inspector shall be served upon persons either personally or bycertified mail. When service is made by certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
(B) If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the Housing Inspector in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the Housing Inspector makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons 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 the provisions of this chapter. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected.
(Ord. passed 7-21-2016; Ord. PL05268-110121, passed 12-8-2021)
(A)
Any owner or person who is aggrieved with a decision or order issued by the Housing Inspector pursuant to § 151.48 may appeal from that decision or order to the Town’s Zoning Board of Adjustment (hereinafter, "Board").
(B) An appeal from any decision or order of the Housing Inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the town. Any appeal from the Housing Inspector shall be taken within ten days from the rendering of the decision or service of the order, whichever is later, and shall be taken by filing with the Housing Inspector and with the Board a written notice of appeal on forms supplied by the Housing Inspector, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Housing 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 from a decision of the Housing Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When any appeal is from a decision of the Housing 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 Housing Inspector certifies to the Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his or her 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 days written notice to the Housing Inspector, by the Board, or by a court of record upon petition made pursuant to division (E) of this section.
(C) The Board shall fix 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. The concurring vote of four members of the majority of the Board shall be necessary to reverse or modify any decision or order of the Housing Inspector. In any case where there are practical difficulties or unnecessary hardships in carrying out the strict letter of the ordinance, the Board shall have the power 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.
(D) 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.
(E) Any person aggrieved by an order issued by the Housing Inspector or a decision rendered by the Board may petition the Superior Court for an injunction restraining the Housing Inspector from carrying out the order or decision, and the Court may, upon the petition, issue a temporary injunction restraining the Housing Inspector pending a final disposition of the order; provided, however, that the petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be held by the Court on any petition within 20 days, and shall be given preference over other matters on the Court’s calendar. The court shall hear and determine the issues raised and shall enter the final order or decree as law and justice may require; provided, however, that it shall not be necessary to file bond in any amount before obtaining a temporary injunction under this division (E).
(F) In case any dwelling is erected, constructed, altered, repaired converted, maintained or used in violation of this chapter or any valid order or decision of the Housing Inspector or Board may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate the violation, to prevent the occupancy of the dwelling or to prevent any illegal act, conduct or use in or about the premises of the dwelling.
(Ord. passed 7-21-2016 ; Ord. PL05268-110121, passed 12-8-2021)
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