(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the public officer by a public authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the public officer, (on his or her own motion), that any dwelling or dwelling unit is unfit for human habitation, the Public Office shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwellings and dwelling units a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his or her designated agent) at a place within the town limits, fixed, not less than ten days nor more than 30 days after the serving of the complaint. The owner and parties 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. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard.
(B) Procedure after hearing. After such notice and hearing, the public officer shall state in writing his or her determination whether the dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.
(1) If the public officer determines that the dwelling or dwelling unit is deteriorated, he or she 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 an order directing and requiring the owner to repair, alter, or improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until the repairs, alterations, and improvements have been made; provided, however, no order that the property be vacated and closed shall be issued unless the public officer finds that 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 property; 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 issued hereunder shall state that failure to make timely repairs as directed in the order shall make the dwelling unit subject to the issuance of an unfit order as set out herein below and as set out in G.S. § 160D-1203(4).
(2) If the public officer determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support the determination and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to remove or demolish such dwelling or dwelling unit within a specified period of time not to exceed 90 days. However, notwithstanding any other provision of law, if the dwelling is located in a historic district of the town and the Town Council determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with G.S. § 160D-949.
(C) Failure to comply with order.
(1) If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered, or improved or to be vacated and closed. The public officer may cause to be posted on the main entrance of any dwelling so closed a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation of a building so posted shall constitute a Class 1 misdemeanor as set forth in G.S. § 160D-1203(4). The duties of the public officer set forth in this division (C)(1) shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. The ordinance shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
(2) If the owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause such dwelling to be removed or demolished. The duties of the public officer set forth in this division (C)(2) shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this chapter with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such 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. This chapter shall be recorded in the office of the County Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
(D) Town Board of Adjustment to hear appeals. All appeals, which may be taken from decisions or orders of the public officer pursuant to division (E) below, shall be heard and determined by the Town Board of Adjustment. As the appeals body, the Board of Adjustment shall have the power to fix the times and places of its meetings to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. The Board of Adjustment shall perform the duties prescribed by division (E) below, and shall keep an accurate journal of all its proceedings.
(E) Appeals from orders of public officer. An appeal from any decision or order of the public officer may be taken by any person aggrieved thereby or by an officer, board, or commission of the town. Any appeal from the public officer 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 public officer and with the Board of Adjustment in care of the Town Clerk a notice of appeal, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the public officer shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the public officer refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When an appeal is from a decision of the public officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board of Adjustment, unless the public officer certifies to the Board of Adjustment, 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 that 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 public officer, by the Board of Adjustment or by a court of record upon petition made pursuant to G.S. § 160D-1208 and this division (E).
(F) Petition to superior court. Any person aggrieved by an order issued by the public officer or a decision rendered by the Board of Adjustment may petition the superior court for an injunction restraining the public officer from carrying out the order or decision and the court may, upon such petition issue a temporary injunction restraining the Public Office pending a final disposition of the cause. The petition shall be filed within 30 days after the issuance of the order or rendering of the decision. The rights of a person so aggrieved are governed by G.S. § 160D-1208.
(G) Dwelling constructed, repaired in violation of this chapter. 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 public officer or Board of Adjustment made pursuant to this chapter, the public officer or Board of Adjustment may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, or use; to restrain, correct, or abate such 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.
(Prior Code, § 1615) (Ord. 22-01-01, passed 1-6-2022)
Statutory reference:
Remedies, see G.S. § 160D-1208