(a) Preliminary investigation; notice; hearing. Whenever a petition is filed with the city manager by at least five (5) residents of the city charging that any structure exists in violation of this article or whenever it appears to the city manager, upon inspection, that any structure exists in violation hereof, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges and containing a notice that a hearing will be held before the manager at a place therein fixed, not less than 10 nor more than 30 days after the serving of the complaint. The owner or any party 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. Notice of the hearing shall also be given to at least one (1) of the persons signing a petition relating to the structure. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hear-ings before the city manager.
(b) Procedure after hearing. After the notice and hearing, the manager shall state in writing his determination as to whether the structure violates this article. If the manager determines that the dwelling is in violation, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve the structure or else remove or demolish the same within a specified period of time not to exceed 90 days.
(c) Failure to comply with order.
(1) In personam remedy. If the owner of any structure shall fail to comply with an order of the manager within the time specified therein, the manager may submit to the council at its next regular meeting a resolution directing the city attorney to petition the superior court for an order directing the owner to comply with the order of the manager, as authorized by G.S. 160A-446(g).
(2) In rem remedy. After failure of an owner of a structure to comply with an order of the manager within the time specified therein, if injuctive relief has not been sought or has not been granted as provided in the preceding paragraph (1), the manager shall submit to the council an ordinance ordering the manager to cause the structure to be removed or demolished, as provided in the orig-inal order of the manager, and pending the removal or demolition, to placard such dwelling as provided by G.S. 160A-443.
(d) Petition to superior court by owner. Any person aggrieved by an order issued by the manager shall have the right, within 30 days after issuance of the order, to petition the superior court for a temporary injunction restraining the manager pending a final disposition of the cause, as provided by G.S. 160A-446(f).