(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Building Inspector by at least five residents of the city charging that any structure exists in violation of this subchapter or whenever it appears to the Building Inspector, upon inspection, that any structure exists in violation hereof, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure a complaint stating the charges and containing a notice that a hearing will he held before the Building Inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner or any party in interest shall have 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. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such structure. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Building Inspector.
(B) Procedure after hearing.
(1) After such notice and hearing, the Building Inspector shall state in writing his determination whether such structure violates this subchapter.
(2) If the Building Inspector determines that the dwelling is in violation he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve such structure or else remove the same within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of any structure shall fail to comply with an order of the Building Inspector within the time specified therein, the Building Inspector may submit to the City Council at its next regular meeting a resolution directing the City Attorney to petition the superior court for an order directing such owner to comply with the order of the Building Inspector, as authorized by G.S. § 160A-446 (g).
(2) In rem remedy. After failure of an owner of a structure to comply with an order of the Building Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) of this section, the Building Inspector shall submit to the City Council an ordinance ordering the Building Inspector to cause such structure to be removed or demolished, as provided in the original order of the Inspector, and pending such removal or demolition, to placard such dwelling as provided by G.S. § 160A-443.
(D) Petition to superior court by owner. Any person aggrieved by an order issued by the Building Inspector shall have the right, within 30 days after issuance of the order to petition the superior court for a temporary injunction restraining the Building Inspector pending a final disposition of the cause, as provided by G.S. § 160A-446 (f).
('70 Code, § 5-30) (Ord. 1978-31, passed 4-17-78)