(A) Investigation, complaint, and hearing.
(1) Whenever a petition is filed (charging that any dwelling in the town is unfit for human habitation) by a public authority, by at least five residents of the town, or whenever it appears to the Housing Inspector upon inspection a dwelling in the town is unfit for human habitation; the Housing Inspector shall, if a 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 a complaint stating the charges in that respect and containing a notice that an administrative hearing will be held before the Housing Inspector or the Housing Inspector's designated agent, at a time and place within the county in which the property located.
(2) The hearing shall be not less than ten days nor more than 30 days after the serving of the complaint.
(3) The owner and parties in interest shall be given 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.
(4) If applicable, notice of the hearing shall also be given to at least one of the persons signing a petition relating to the unsafe building.
(5) Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard.
(6) The rules of evidence prevailing in courts of law shall not be controlling in administrative hearings before the Housing Inspector.
(7) At the hearing the Housing Inspector may determine pursuant to G.S. § 160D-1205 or the Minimum Standard Housing Code of the Town of Dallas, that a dwelling is unfit for human habitation if the Housing Inspector finds conditions existing in the dwelling that render it dangerous or injurious to the health, safety or welfare of the dwelling occupants or the occupants of the neighboring dwellings, or other residents of the town. The defective conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; or uncleanliness or especially dangerous to life because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring, inadequate lighting, heating, lack of a potable water supply and to the public sewer supply or the public or approved sewage disposal system or means of egress or failure in any way to conform to the minimum standards set forth in G.S. Chapter 160D, Article 12; or failure in any way to conform to this subchapter;
(8) Every owner of dwelling shall give the Housing Inspector free access to the dwelling at all reasonable times, pursuant to this Code, for the purposes of any inspection, examination or survey being conducted by the Housing Inspector or his or her office for purposes of ensuring compliance with G.S. Chapter 160D, Article 12 and with this Code.
(9) Every occupant of a dwelling shall give the owner thereof access to any part of the dwelling at all reasonable times for the purpose of the owner's making the repairs or alterations as are necessary to effect compliance with the provisions of this Code, or with any lawful order issued pursuant to the provisions of this Code. Additionally, every occupant of a dwelling shall give the Housing Inspector free access to the dwelling at all reasonable times, pursuant to this Code, for the purposes of any inspection, examination or survey for purposes of ensuring compliance with G.S. Chapter 160D, Article 12 and with this Code.
(B) Orders. If, after notice and an administrative hearing, the Housing Inspector determines the dwelling under consideration is unfit for human habitation, the Housing Inspector shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner one of the following orders, as appropriate:
(1) Order #1 Deteriorated Dwelling. If the repair, alteration, or improvement of the dwelling can be made at a reasonable cost not in excess of 50% of dwelling's (structure only) value, as determined by the Housing Inspector:
(a) The owner, within a minimum of 30 days but not to exceed 90 days, as specified in the order, shall be ordered, directed and required to repair, alter, or improve the dwelling and render the dwelling fit for human habitation and in compliance with G.S. Chapter 160D, Article 12 and this Code.
(b) The Housing Inspector may order and require that the property 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 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.
(c) The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under this division (B).
(2) Order #2 Dilapidated Dwelling. If the repair, alteration, or improvement of the dwelling can only be made at a cost in excess of 50% of dwelling's (structure only) value, as determined by the Housing Inspector:
(a) The owner, within a minimum of 30 days but not to exceed 90 days as specified in the order, shall be ordered, directed and required to repair and bring the dwelling into conformity with this Code.
(b) The Housing Inspector shall order, direct and require that the property 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 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.
(c) If proper repairs as provided for in the above divisions (a) and (b) are not made with the specified time the owner shall be ordered, directed and required to remove or demolish the dwelling within a minimum of 30 days but not to exceed 90 days’ time. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under subdivision (C) of this section.
(d) Except in emergency situations endangering the immediate health, safety or welfare of any persons, there shall be no demolition of an unsafe dwelling until the owner has first had a reasonable opportunity to bring it into conformity with this Code, within a minimum of 30 days but not to exceed 90 days’ time.
(e) Notwithstanding any other provision of law or code, if the dwelling is located in a historic district and the Historic District Commission determines, after an administrative 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) Placarding.
(1) If the owner fails to comply with an order of the Housing Inspector to repair, alter, or improve or to vacate and close and remove or demolish the dwelling, the Housing Inspector may cause the dwelling to be repaired, altered, or improved or to be vacated, closed, and demolished.
(2) The Housing Inspector may cause to be posted on the main entrance of the 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’ pursuant to G.S. § 160D-1203(4) and this subsection of the Code as approved and adopted by the town.”
(3) The duties of the Housing Inspector set forth in this division (C) shall not be exercised until the governing board shall have by ordinance ordered the Housing Inspector to proceed to effectuate the purpose of this subchapter with respect to the particular property or properties that the Housing Inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance.
(4) 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.
(D) Demolition.
(1) If the owner fails to comply with an order of the Housing Inspector to vacate and remove or demolish the dwelling, the Housing Inspector may cause such dwelling to be vacated and removed or demolished.
(2) The duties of the Housing Inspector set forth in this subdivision shall not be exercised until the governing board shall have by ordinance ordered the Housing Inspector to proceed to effectuate the purpose of this subchapter with respect to the particular property or properties that the Housing Inspector 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 G.S. Chapter 160D, Article 12 and this subchapter; 30 days is the minimum hereby established as such a reasonable opportunity and time
(3) 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.
(E) Abandonment of intent to repair.
(1) If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to division (C) of this section or after the Housing Inspector issues an order or proceedings have commenced under G.S. Chapter 160D, Article 12 or this subchapter, regarding a dwelling to be repaired or vacated and closed as provided in this subdivision, then the governing board may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the town in that the dwelling 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 dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in the town, then in such circumstances, the governing Board 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 in the county wherein the property or properties are located 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.
(F) Civil penalty.
(1) All violations of this section that are not remedied by the deadline given through an order of repair, alteration or improvement, or vacancy, closing or removal or demolition shall subject the offender to a civil penalty to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 30 days following the given deadline in addition those remedies provided for in § 150.43.
(2) Each day that the occupancy of the same after the time prescribed in the order of its repair, alteration and improvement, or its vacancy, closing and removal or demolition continues after the prescribed time shall constitute a separate and distinct offense as outlined in § 150.43.
(3) Each day that the occupancy of the same after the time prescribed in the order of its repair, alteration and improvement, or its vacancy, closing and removal or demolition continues after the prescribed time shall constitute a separate and distinct offense as outlined in § 150.43.
(4) Each day's continuing violation shall be a separate and distinct offense, and subject to penalties as outlined in § 150.43.
(G) Violations. Violations of this chapter may also be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as outlined in § 150.43
. Violations of the provisions of this subchapter shall not be considered a misdemeanor, per G.S. § 14.4.
(H) Liens.
(1) The amount of the cost of repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the Housing Inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Chapter 160A, Article 10.
(2) If the real property upon which the cost was incurred is located in the town, then the amount of the cost is also a lien on any other real property of the owner located within the town limits or within one mile thereof except for the owner's primary residence. The additional lien provided in this division is inferior to all prior liens and shall be collected as a money judgment.
(3) If the dwelling is removed or demolished by the Housing Inspector, the town shall sell the materials of the dwelling, and any personal property, fixtures, or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the Housing inspector, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
(4) Nothing in this section shall be construed to impair or limit in any way the power of the local government to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(I) Civil action.
(1) 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 such 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 defendant any person occupying such 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. If the summons 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 board pursuant to division (D) of this section authorizing the Housing Inspector 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 judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. § 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. § 7A-228, and the execution of such judgment 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 unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the governing Board has ordered the Housing Inspector to proceed to exercise his or her duties under subdivisions (C) and (D) of this section to vacate and close and/or remove and demolish the dwelling.
(2) Additional notices to affordable housing organizations. Whenever a determination is made pursuant to division (B) of this section that a dwelling must be vacated and closed, or removed or demolished, any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Housing Inspector, to allow the opportunity for 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 such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the Housing Inspector to wait 45 days before causing removal or demolition.
(J) Appeals from orders of Housing Inspector and decisions from Housing Appeals Board.
(1) A Housing Appeals Board as provided by G.S. § 160D-305 is hereby designated and shall be comprised of the Town of Dallas Board of Adjustment (hereafter called the Board).
(2) An appeal from any decision or order of the Housing Inspector is a quasi-judicial matter and may be taken by any person aggrieved thereby or by any officer, Board, or commission of the local government.
(3) Any appeal from the Housing Inspector shall be taken within ten days from the entering of the decision or service of the order by filing with the Housing Inspector and with the Board a notice of appeal that shall specify the grounds upon which the appeal is based.
(4) 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.
(5) When an appeal is from a decision of the Housing Inspector refusing to allow the person aggrieved thereby to do any act, the decision remains in force until modified or reversed.
(6) When any appeal is from a decision of the Housing Inspector requiring the person aggrieved to do any act, the appeal has 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 the Housing Inspector, that because of facts stated in the certificate, (a copy of which shall be furnished to the appellant), a suspension of the requirement would cause imminent peril to life or property. In that case the requirement is not 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 Housing Inspector, by the Board, or by a court of record upon petition made pursuant to division (13) below.
(7) The Board shall fix a reasonable time for hearing appeals, shall give due notice to all parties, and shall render its decision within a reasonable time.
(8) Any party may appear in person or by agent or attorney.
(9) The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter, and, to that end, it has all the powers of the Housing Inspector.
(10) The concurring vote of four of the five members of the Board is necessary to reverse or modify any decision or order of the Housing Inspector.
(11) The Board also has power in passing upon appeals, when unnecessary hardships would result from carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance is observed, public safety and welfare secured, and substantial justice done.
(12) Every decision of Board is subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(13) Any person aggrieved by an order issued by the Housing Inspector or a decision rendered by 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 such petition, issue a temporary injunction restraining the Housing Inspector pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be had by the court on a 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 such final order or decree as law and justice may require. It is not necessary to file bond in any amount before obtaining a temporary injunction under this division.
(14) If any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation G.S. Chapter 160D, Article 12 or this subchapter adopted under authority of G.S. Chapter 160D, Article 12 or any valid order or decision of the Housing Inspector or Board made pursuant G.S. Chapter 160D, Article 12 or this subchapter adopted under authority of G.S. Chapter 160D, Article 12, 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.
(Prior Code, § HB-I-12) (Am. Ord. passed 10-11-2022)