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(A) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve it, or to vacate and close and remove or demolish it, upon order of the Inspector duly made and served as herein provided, within the time specified in that order. Each day that any such failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense.
(B) It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to § 150.37 above, to occupy or permit the occupancy thereto after the time prescribed in the order of its repair, alteration or improvement or its vacation and closing. Each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.
(Prior Code, § 23.43) Penalty, see § 150.99
(A) The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. § 14-4.
(B) In addition to the penalty established by division (A) above, and the remedies provided by other provisions of this chapter, this chapter may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.
(Prior Code, § 23.99)
1. Complaint and notice hearing before Building Inspector under Housing Code.
3. Proof of service; complaint and notice of hearing.
4. Findings of fact and order.
5. Proof of service; findings of fact and order of Building Inspector.
6. A resolution directing the (City) (Town) Attorney to petition the Superior Court for an order requiring the owner of certain property to comply with the Housing Code and the order of certain property to comply with the Housing Code and the order of the Building Inspector issued pursuant thereto.
7. An ordinance directing the Building Inspector to repair the property herein described as unfit for human habitation and directing that a notice be paced thereon that the same may not be occupied until repaired.
8. An ordinance directing the Building Inspector to remove or demolish the property herein described as unfit for human habitation and directing that a notice be placed thereon that the same may not be occupied.
9. Notice of appeal.
10. Notice of hearing of the Zoning Board of Adjustment on appeal from order of Building Inspector.
12. Proof of service; notice of hearing of the Zoning Board of Adjustment.
13. Order of Zoning Board of Adjustment.
14. Proof of service; order of Housing Appeal Board.
Editor’s note:
Included in this appendix are suggested forms for the implementation of the Housing Code contained
in this chapter. They derive unchanged from the 1978 edition of the North Carolina/Model Housing
Code, as adopted by the North Carolina League of Municipalities.
FILE NO. _________
COMPLAINT AND NOTICE OF HEARING
BEFORE BUILDING INSPECTOR UNDER HOUSING CODE
TO: Owners and parties in interest in the dwelling (unit) located at ____________________ in the
(City) (Town) of _______________, North Carolina.
YOU ARE HEREBY NOTIFIED that the dwelling (unit) located at the place designated above is in a condition that appears to be unfit for human habitation and to violate the (City) (Town) Housing Code in the following ways:
1. (Specify the violation and the applicable Housing Code Section.)
2. Etc.
YOU ARE FURTHER NOTIFIED that a hearing will be held before the Building Inspector of the (City) (Town) of _______________ at his or her office in the (City) (Town) Hall at ___:___ _.m. on the ______________ day of ____________, 200___ (a time not less than ten nor more than 30 days after serving of the complaint) for the purpose of finding the facts as to whether or not the condition of such building falls within the scope fo the above-mentioned sections of the Housing Code. At the hearing, you shall be entitled to offer such evidence which is relevant or material to the questions sought to be determined or the remedies sought to be effected.
YOU ARE FURTHER NOTIFIED that if, upon such hearing, the Building Inspector shall find that the conditions in the above-described dwelling (unit) do in fact violate the Housing Code, and do in fact render such dwelling (unit) unfit for human habitation, the building inspector will issue an order in writing directed to the owner of such dwelling (unit) requiring the owner to remedy these conditions by repairing the same or by vacating, demolishing or removing the same, or by taking such other steps as may be necessary to remedy these conditions. The Building Inspector may make such other orders and take such other procedures as are authorized under the Housing Code and the General Statutes of North Carolina.
Further information as to this matter may be obtained by contacting the undersigned.
This the ______________ day of _____________, 200____.
__________________________________
Building Inspector
FILE NO. ________
STATE OF NORTH CAROLINA )
COUNTY OF ___________________ ) AFFIDAVIT
(CITY) (TOWN) OF __________________ ) SERVICE BY PUBLICATION
IN RE ABANDONED STRUCTURE LOCATED AT:
(Name of Building Inspector), being first duly sworn, deposes and says:
1. That he or she is the Building Inspector of the (City) (Town) of ________________________,
duly authorized to enforce the (City) (Town) Housing Code against the above-entitled dwelling (unit); and
2. That [name of owner(s) of dwelling (unit)] (is) (are) the owner(s) of the above-entitled dwelling (unit); and
3. That, according to the information and belief of the Building Inspector, the whereabouts of the owner(s) are unknown and cannot be ascertained by the Building Inspector in the exercise of reasonable diligence; and
4. That service of the (complaint) (findings of fact and order) must be made by publication in a newspaper having general circulation in the (City) (Town), as authorized by G.S. § 160A-445.
______________________________
BUILDING INSPECTOR
Sworn to and subscribed before me, this, the _______________ day of ______________, 200___.
__________________________
Notary Public
My Commission expires: ______________.
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