COMPLAINT AND NOTICE HEARING
BEFORE PLANNING/ZONING ADMINISTRATOR UNDER HOUSING
__________________ Docket No. ________________
__________________
__________________
TO: Owners and parties in interest in the abandoned structure located at ____________________ in the Town of Dallas, North Carolina.
YOU ARE HEREBY NOTIFIED that the abandoned structure located at the place designated above is in a condition that appears, to be hazardous to the public health, safety and welfare and to violate the town’s Housing Code in the following way(s):
1. ________________________________________________________________________
2. ________________________________________________________________________
YOU ARE FURTHER NOTIFIED that a hearing will be held before the Planning/Zoning Administrator of the Town of Dallas at his or her office in the Town Hall at _____o’clock __.m. on the ______day of ____________, 20___, for the purpose of finding the facts as to whether or not the condition of the structure falls within the scope of the above mentioned section(s) of the Housing Code. At the hearing, you shall be entitled to file answer to the complaint and to be heard in person or by counsel upon all legal or factual questions relating to this matter and shall be entitled to offer the 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 the hearing, the Planning/Zoning Administrator shall find that the conditions in the above described structure do in fact violate the Housing Code, and do in fact render the structure hazardous to the health, safety and welfare of the residents of the town, the Planning/Zoning Administrator will issue an order in writing directed to the owner of the structure requiring the owner to remedy these conditions be repairing the same or else by demolishing or removing the same, or by taking other steps as may be necessary to remedy these conditions. The Planning/Zoning Administrator may make other orders and take other procedures as are authorized under the Housing Code and the General Statutes of North Carolina.
Further information as to this matter any be obtained by contacting the undersigned.
This the _________ day of __________________, 20____.
__________________________________
Planning/Zoning Administrator
PROOF OF SERVICE
Docket No. ___________________
COMPLAINT AND NOTICE OF HEARING
Service of the attached Complaint and Notice of Hearing was made on the ________day of ______________, 20___ by:
1. Delivering a copy of Complaint and Notice of Hearing to _____________________________
at ________________________________________________________________________
OR
2. Mailing a copy of Complaint and Notice of Hearing by certified or registered mail to __________
_________________________ at ___________________________________________________
________________________________________________________________________________
OR
3. The name or whereabouts of the owner were unknown and could not, after due diligence be discovered. This Complaint and Notice of Hearing was served by publication after proper affidavit, as authorized by G.S. § 160A-445 and by posting a copy thereof on the outside of the structure located at ___________________ on the date mentioned above (specify date of posting if different from above.
This the __________ day of ___________________, 20___.
_________________________________
Planning/Zoning Administrator
FINDINGS OF FACT AND ORDER
DOCKET NO. _____________
TO: Owners and parties in interest of the abandoned structure located at _______________ in the Town of Dallas, North Carolina.
The undersigned Planning/Zoning Administrator of the Town of Dallas, pursuant to law, conducted a hearing at the time and place stated in the Complaint and Notice heretofore issued and served, or at a time to which the hearing was continued with previous notice to the above named owners and parties in interest or their agents or attorneys. At the hearing, the answer, if any, filed by the owners and parties in interest was read and considered, and the evidence, contention and views of the owners and parties in interest wee carefully analyzed and considered by the undersigned. In addition to other evidence presented, the undersigned personally inspected the structure described above, and the inspection and examination has been considered, along with other evidence offered at this hearing,
Upon the record and all of the evidence offered and contentions made, the undersigned Housing Inspector does hereby find the following facts:
1. The above named owners and parties in interest with respect to the structure Located at the place specified above were duly served as required by law with written Complaint and Notice of hearing which set forth the Complaint that the structure located at the above address is hazardous to the health, safety and welfare of the residents of the town and violation of the town’s Housing Code, and particulars thereof, and fixed a time and place for a hearing upon the complaint as provided by law. At the hearing, the following owners, persons in interest, or their agents or attorneys, were present and participated therein: _____________________________
____________________________________________________________________________________________.
2. The abandoned structured described above violates the town’s Housing Code, by reason for the following conditions found to be present and to exist in and about the structure:
A.
B.
3. Due to these conditions the abandoned structures described above is found to be hazardous to the health, safety and welfare of the residents of the town and in violation of the town’s Housing Code.
IT IS THEREFORE ORDERED that the owners of the structure named above are required to bring the structure unto compliance with the Housing Code by repairing, altering or improving the structure so that it is no longer hazardous to the public health, safety and welfare of the residents of the town, or else by demolishing or removing the structure from the premises by a date not later than the day of __________________, 20___.
This, the _________ day of ____________, 20___.
_______________________________
Planning/Zoning Administrator
PROOF OF SERVICE
Docket No. _________________
FINDINGS OF FACT AND ORDER OF PLANNING/ZONING ADMINISTRATOR
Service of the attached Complaint and Notice of Hearing was made on the ________ day of
__________________, 20____ by:
1. Delivering a copy of Findings of Fact and Order of Planning/Zoning Administrator to ________
____________ at ______________________________________________________
OR
2. Mailing a copy of Findings of Fact and Order of Planning/Zoning Administrator by certified or
registered mail to __________________ at ___________________________________________
OR
3. The name or whereabouts of the owner were unknown and could not, after due diligence be discovered. This Findings of Fact and Planning/Zoning Administrator was served by publication after proper affidavit, as authorized by G.S. § 160A-445 and by posting a copy thereof on the outside of the structure located at ______________________ on the date mentioned above (specify date of posting if different from above).
This the ___________ day of ___________________, 20____.
_____________________________________
Planning/Zoning Administrator
A RESOLUTION
DOCKET NO. __________
A RESOLUTION DIRECTING THE 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 THE PLANNING/ZONING ADMINISTRATOR ISSUED PURSUANT THERETO.
WHEREAS, The Board of Aldermen of the Town of Dallas, North Carolina, finds that the abandoned structure herein described is hazardous to the health, safety and welfare of the residents of the Town under the provisions of the Housing Code, and that all of the procedures of the Housing Code have been complied with; and
WHEREAS, the owner of this structure has failed to comply with a lawful order of the Planning/Zoning Administrator to repair the same to meet the requirements of the Housing Code, or to demolish or remove the same, within the time therein prescribed;
NOW, THEREFORE BE IT RESOLVED by the Board of Aldermen of the Town of Dallas, that the Town Attorney is hereby authorized and directed to proceed, is authorized by G.S. § 160A-446(g), to petition the Superior Court of Gaston County for an order requiring the owner(s) of the structure located at ______________ in the Town of Dallas, North Carolina to take such steps as may be necessary to comply with the order of the Code Enforcement Officer issued on the _____________ day of __________________, 20___.
Adopted this _____ day of __________________, 20___.
___________________________
MAYOR
ATTEST:
___________________________
TOWN CLERK
ORDINANCE TO REMOVE OR DEMOLISH
DOCKET NO. ______________
AN ORDINANCE DIRECTING THE PLANNING/ZONING ADMINISTRATOR TO REMOVE OR DEMOLISH THE STRUCTURE HEREIN DESCRIBED AS HAZARDOUS TO THE PUBLIC HEALTH, SAFETY AND WELFARE AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED.
WHEREAS, the Board of Aldermen of the Town of Dallas, North Carolina finds that the structure described herein is hazardous to the health, safety and welfare of the residents of the Town under the Town’s Housing Code, and that all of the procedures of the Housing Code have been complied with; and
WHEREAS, this structure should be removed or demolished, as directed by the Housing Inspector, and should be placard by placing thereon a notice prohibiting use for human habitation; and
WHEREAS, the owner of this structure has been given a reasonable opportunity to bring the structure up to the standards of the Housing Code in accordance with G.S. § 160A-443(5) pursuant to an order issued by the Planning/Zoning Administrator on ___________, and the owner has failed to comply with the order;
NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of the Town of Dallas, North Carolina that:
SECTION 1. THE PLANNING/ZONING ADMINISTRATOR is hereby authorized and directed to place a placard containing the legend:
“This building is unfit for human habitation :the use or occupation of this building for human habitation is prohibited and unlawful.”
upon the structure located at the following address: ______________________________________________.
SECTION 2. THE PLANNING/ZONING ADMINISTRATOR is hereby authorized and directed to proceed to remove or demolish the above described structure in accordance with this order to the owner thereof dated the _______ day of __________________ 20____, and in accordance with the Housing Code and G.S. § 160A-443.
SECTION 3. THE COST OF REMOVAL OR DEMOLITION.
(a) The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred, The lien shall be filed in the office of the Town Tax Collector, and shall have the same and be collected in the same manner as the lien for special assessment in G.S. § 160A-233.
(b) Upon completion of the required removal or demolition the Housing Inspector shall sell the material of the structure and credit the proceeds against the cost of removal or demolition. The Housing Inspector shall certify the remaining balance to the Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition the Housing Inspector shall deposit the surplus in the Superior Court where it shall be secured and disbursed in the manner provided be G.S. § 160A-446(f).
SECTION 4. IT SHALL BE UNLAWFUL for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be hazardous to the public health, safety and welfare.
SECTION 5. This subchapter shall become effective upon it adoption.
Adopted this _______ day of ___________________, 20___.
_______________________
MAYOR
ATTEST:
_______________________
TOWN CLERK
Town of Dallas
Housing Inspection Request Form
Date Received: ____________________
Property Address: ______________________________________________________
Tenant’s Name: __________________________ Telephone Number: __________________
Is complainant the Tenant? Yes___ No____ If No, Whom? ________________________
Landlord’s Name: ________________________
How long at this address? ______________ Section 8? Yes___ No___
Problem with Structure?
__________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________
Have you notified your landlord/agent of the needed repairs? Yes____ No____
Are you currently being evicted? Yes___ No___
Are you in violation of your rental agreement? Yes___ No___
We need to make you aware at this time that, while retaliatory eviction is against federal law, if you are in violation of any of the terms of your rental agreement that you may be evicted as a result of this inspection. If the property is found to be hazardous and an imminent threat to the safety and welfare of the occupants you may be required by the Town of Dallas to vacate the property. If the owner refuses to make the necessary repairs, the Town of Dallas will take appropriate action by requiring that the repair be made or the structure demolished either of which may result in the eviction of the occupants.
Do you understand what I have just read to you? Yes ____ No____
Do you still wish to have an inspection performed? Yes____ No____
Date and Time of Inspection: __________________
Inspector: __________________
AFFIDAVIT
DOCKET NO. _______________
STATE OF NORTH CAROLINA )
COUNTY OF GASTON )
TOWN OF DALLAS ) AFFIDAVIT
SERVICE BY PUBLICATION
IN RE ABANDONED STRUCTURE LOCATED AT __________________________________, being first duty sworn, deposes and says:
1. That he or she is the Planning/Zoning Administrator of the Town of Dallas, duly authorized to enforce the Town’s Housing Code against the above entitled structure; and
2. That__________________________________ (name of owner(s) of structure) is/are the owner(s) of the above entitled structure; and
3. That, according to the information and belief of the Planning/Zoning Administrator, the whereabouts of the owner(s) are unknown and cannot be ascertained by the Planning/Zoning Administrator 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 Town, as authorized by G.S. § 160A-445.
__________________________
Code Enforcement Officer
Sworn to and subscribed before met this the __________ day of __________________, 20____.
____________________________
Notary Public
My Commission Expires: ________