(A) Purpose.
(1) The purpose of this chapter is to protect the health, safety, and welfare of residents of the City of Goldsboro through establishing minimum standards and requirements for the initial and continued occupancy of places of human habitation and for abandoned structures.
(2) This chapter does not replace or modify requirements otherwise established by North Carolina Building Code, the City of Goldsboro Unified Development Ordinance, or any other ordinance or regulatory document officially adopted by the City of Goldsboro City Council, except as provided within this chapter.
(B) Authority. This chapter is adopted pursuant to the authority vested in the City of Goldsboro contained in G.S. Ch. 160D Art. 12 and G.S. Ch. 14, Art. 1.
(C) Jurisdiction. The provisions of this chapter are applicable to all places of human habitation as well as abandoned structures (see G.S. § 160D-1202(b)) within the jurisdiction of the City of Goldsboro without regard to when they were constructed, altered, repaired, or improved pursuant to G.S. § 160D-1201.
(D) Amendment of Chapter 152: Housing Regulations. Amendment to comply with G.S. Ch. 160D.
(E) Conflict. In the event any provision, standard, or requirement of this chapter is found to be in conflict with another provision of this or any other chapter or officially adopted regulatory document of the City of Goldsboro, the provision which establishes the highest standard or requirement to ensure the promotion and protection of the health and safety of the residents of the City of Goldsboro shall prevail and apply.
(F) Enforcement officer(s).
(1) The Planning Director of the City of Goldsboro or his/her designee is hereby designated as the Public Enforcement Officer(s) (hereinafter also referred to as "PEO") to exercise the powers herein prescribed. The PEO, hereinafter referred to as PEO, shall have such powers as may be necessary to effectuate the purpose and provisions of this chapter which shall include but are not limited to the following:
(a) Inspect and investigate the City of Goldsboro places of human habitation and abandoned structures to determine compliance with the standards of fitness prescribed herein and to determine which dwellings therein are unfit for human habitation;
(b) Administer oaths and affirmations, examine witnesses, and receive evidence during hearings;
(c) Keep a record of the results of the inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness as prescribed herein;
(d) Enter buildings and properties for the purpose of conducting inspections and investigations in a manner that is reasonable and that has the intent of doing the least possible inconvenience to the persons in possession;
(e) Appoint and fix duties of such officers, agents, and employees as he/she deems necessary to carry out the purposes of this chapter; and
(f) Delegate any of his/her functions and powers under this chapter to designated officers, agents, and/or employees.
(G) Board of Adjustment to hear appeals. An appeal from any decision or order of the PEO pursuant to this chapter may be made by the person aggrieved thereby or by any officer, board, or commission of the city. Any such appeal shall be made to the Board of Adjustment and governed by the procedures set forth in G.S. § 160D-1208. For the purposes of appeals in this nature, the City of Goldsboro Planning Commission shall act as the Board of Adjustment in these hearings.
(H) Administrative liability. To the extent allowed by applicable law, no officer, agent, or employee of the City of Goldsboro, who is responsible for the enforcement of this chapter shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this chapter.
(I) Lis pendens.
(1) After a PEO issues a complaint containing a notice of hearing or issues an order pursuant thereto, any PEO may file a notice of lis pendens with the Clerk of Superior Court for Wayne County. A copy of the complaint containing the notice of hearing, or a copy of the order shall be attached to the lis pendens. When the lis pendens is filed with the Clerk, it shall also be served on the owners and parties in interest in the building or dwelling, including any lienholders and tenants who may be determined by the exercise of reasonable diligence.
(2) Any PEO may cancel the lis pendens upon a determination by that PEO that the property fully complies with the City of Goldsboro Minimum Housing and Abandoned Structures Ordinance. Cancellation of the lis pendens must be made in writing signed by the PEO and filed with the Clerk of Court.
(Ord. 2023-9, passed 3-20-23)