(A) Failure to comply with fewer than seven standards. In any case where the Housing Inspector determines that a dwelling fails to fully comply with one or more but less than seven of the above (§ 150.22) enumerated standards of dwelling fitness, the dwelling shall not be found to be unfit for human habitation and shall not be subject to the procedures and remedies as provided for in this subchapter for dwellings unfit for human habitation. Each failure of noncompliance, however, shall constitute a violation of the terms of this subchapter and shall subject the violator to the penalties and enforcement procedures, civil or criminal or both, as set forth in § 162 of the Town Zoning Ordinance.
(1) In making the determination as described in this section, the Housing Inspector shall not be required to make notice and hold the hearing as called for in § 150.20, but the Housing Inspector may do so if the determination of the severity and classification of dwelling fitness is not clear to the Housing Inspector upon preliminary investigation.
(2) If required, the assistance and professional opinion of the Surry or Wilkes County Building Inspections Department will be solicited.
(B) Procedure after hearing; order.
(1) If, after notice and hearing, the Housing Inspector determines that the dwelling under consideration is unfit for human habitation in accordance with the standards set forth above, 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:
(a) If the repair, alteration or improvement of the dwelling can be made at a cost of less than 50% of 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 or to vacate and close the dwelling as a human habitation, based upon the Housing Inspector’s standards for closing dwellings; or
(b) If the repair, alteration or improvement of the dwelling cannot be made at a cost of less than 50% of the value of the dwelling, requiring the owner, within the time specified in the order, to repair, alter or improve the dwelling in order to render it fit for human habitation or to remove or demolish the dwelling.
(2) If, after notice and hearing, the Housing Inspector determines that the dwelling under consideration is not unfit for human habitation but is not in full compliance with one or more standards of dwelling fitness as set forth above, he or she may proceed with the enforcement procedures of this code, civil or criminal or both.
(C) Notification. Whenever a determination is made pursuant to this section that a dwelling must be vacated and closed, or removed or demolished, under the provisions of the section, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for these notices. A minimum period of time not to exceed 90 days from the mailing of the notice shall be given before removal or demolition by action of the 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 Inspector shall certify the mailing of the notices, and the certifications shall be conclusive in the absence of fraud. Only an organization that has filed a written request for the notices may raise the issue of failure to mail the notices, and the sole remedy shall be an order requiring the Inspector to wait 90 days before causing removal or demolition.
(Ord. eff. 6-14-2010)