(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Inspector 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 Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation he or she shall, if his or her preliminary investigation disclosed a basis for the charges, issue and cause to be served upon the owner or any parties in interest in the dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten days nor more than 30 days after the serving of the complaint. Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling. Any person desiring to do so may attend the hearing and give evidence relevant thereto. Rules of evidence in courts of law or equity shall not be controlling in hearings before the Inspector.
(B) Procedure after hearing. After notice and hearing, if the Building Inspector determines that the dwelling under consideration is unfit for human habitation, he or she shall state in writing his or her findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order.
(1) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling requiring the owner, within the time specified, to repair, alter or improve the dwelling in order to render it fit for human habitation. The order may 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. 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 division (C) of this section; or
(2) If the repair, alteration or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling requiring the owner, within the time specified in the order, to remove or demolish the dwelling. However, notwithstanding any other provision of law, if the dwelling is located in a historic district of the city and the Historic District Commission determines, after a public hearing as provided by ordinance, that the dwelling is 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. § 160A-400.14(a).
(C) Repair, vacation and closure. If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the Building Inspector may cause the dwelling to be repaired, altered or improved or to be vacated and closed; that 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. The duties of the Building Inspector set forth in this division shall not be exercised until the Town Council shall have by ordinance ordered the Building Inspector to proceed to effectuate the purpose of this Housing Code with respect to the particular property or properties which the Building Inspector 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 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.
(D) Removal or demolition. If the owner fails to comply with an order to remove or demolish the dwelling, the Building Inspector may cause the dwelling to be removed or demolished. The duties of the Building Inspector set forth in this division shall not be exercised until the Town Council shall have by ordinance ordered the Building Inspector to proceed to effectuate the purpose of this Housing Code with respect to the particular property or properties which the Building 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 this Housing Code. The 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.
(Prior Code, § 7-61) (Ord. passed 7-10-2007; Ord. passed - -) Penalty, see § 150.999