(A) Initial investigation.
(1) The PEO shall conduct an investigation of a place of habitation and associated property to include accessory structures located upon the property whenever:
(a) A petition is filed with the PEO by a public authority or by at least five residents of the City of Goldsboro who are at least 18 years of age in accordance with G.S. § 160D-1203(2); or
(b) Whenever it appears to the PEO upon observance of a premises that there is a probability that violations of this chapter exist.
(2) For the purpose of conducting this initial investigation or inspection, PEO, upon presentation of proper credential, is hereby authorized to enter, examine, and survey at all reasonable hours, all places of habitation and the premises associated therewith.
(a) When permission is denied to inspect a place of habitation or its premises and all associated structures is denied, the PEO may obtain an administrative warrant.
(B) Complaint and notice of administrative hearing.
(1) If the PEO preliminary investigation discloses violations of this chapter, he /she shall issue a complaint and cause it to be served upon the owner, operator, occupant, and parties of interest in the place of habitation.
(2) The complaint shall state the basis for the charges and contain a notice that an administrative hearing will be held before the PEO at a place stated in the notice, within ten to 30 days after service in accordance with G.S. § 160D-1203(2).
(3) The owner, operator, occupant, or party of interest shall have the right to the following:
(a) Either correct the violation;
(b) File an answer to the complaint; and
(c) To appear in person, or otherwise, and give testimony at the hearing.
(4) The rules of evidence prevailing in courts of law shall not be controlling in administrative hearings before the PEO.
(C) Order issuance.
(1) General. If, after notice and an administrative hearing, the PEO determines that the dwelling and all components of the premises under consideration are unfit for human habitation, the officer shall state in writing findings of fact in support of that determination and shall issue cause to be served upon the owner, operator, occupant, and parties of interest one of the following orders, as appropriate.
(2) Deterioration.
(a) If the PEO finds deterioration (see definition) he/she shall issue and cause to be served upon the owner, operator, occupant, and parties of interest an order to alter, improve, and/or restore the place of habitation to comply with the standards of fitness established by this chapter.
(b) The order shall include a specified time not to exceed 90 days.
(c) The order may require the owner, operator, occupant, and parties of interest to vacate and close such place of habitation while occupancy would present a significant threat of bodily harm.
(d) The PEO may grant a one-time 90-day extension if the owner, operator, occupant, and parties of interest is able to provide good cause for granting an extension.
(3) Dilapidation.
(a) If the PEO finds dilapidation, he/she shall issue and cause to be served upon the owner, operator, occupant, and parties of interest an order to vacate and close the place of habitation.
(b) The order shall require the place of habitation to be removed or demolished within a specified time not to exceed 90 days.
(c) The PEO may grant a one-time 90-day extension if the owner, operator, occupant, and parties of interest are able to provide good cause for granting an extension.
(4) Affordable housing provision.
(a) If the order notice is for dilapidation, the notice 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 such notices, in accordance with G.S. § 160D-1203(9); and shall post notice of the same prominently on a place of ingress or egress of the structure.
(b) A minimum of 45 days from the mailing of such notices shall be given for the removal or demolition by action of the PEO, 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.
(c) The PEO shall certify the mailing of the notices, posting of notice prominently on the place of ingress or egress of the structure, and the certification shall be conclusive in the absence of fraud.
(d) Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the PEO to wait 45 days before causing removal or demolition.
(5) Structures within the Historic Overlay District.
(a) The exterior features of any building or structure (including walls, fences, light fixtures, steps, pavement, paths, or any other appurtenant feature), or any type of outdoor advertising sign either designated as a Historic Landmark or found to be within the boundary of the Historic Overlay District shall be preserved by the owner, operator, occupant, and parties of interest against decay, deterioration, and dilapidation.
(b) Structures within the Historic Overlay District are subject to enforcement outlined in divisions (C)(2) and (C)(3), depending on the condition of the structure.
(c) See § 152.05(H)(3) Demolition Approval.
(D) Failure to comply.
(1) General.
(a) The duties of the PEO established in divisions (D)(2), (D)(3) and (D)(4) shall not be exercised until the City of Goldsboro City Council shall have by ordinance ordered the PEO to proceed to effectuate the purpose of this chapter with respect to the particular property or properties that the PEO shall have found to be unfit for human habitation.
(b) The property or properties shall be described in the ordinance.
(c) The ordinance shall be recorded in the Wayne County Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
(2) Repair, closing, and posting.
(a) If the owner fails to comply with an order to restore, alter, improve, or vacate and close the dwelling, then the PEO may cause the dwelling to be restored, altered, improved, or vacated and close the dwelling.
(b) The PEO may cause to be posted on the main entrance of any dwelling so closed with 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."
(c) Occupation of a building so closed shall constitute a Class One misdemeanor.
(3) Demolition.
(a) If the owner fails to comply with an order to remove or demolish the dwelling, the PEO may cause such dwelling to be removed or demolished.
(b) No 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 the standards of this chapter.
(4) Abandonment of intent to repair.
(a) If the dwelling has been vacated and closed fo ra period of one year pursuant to an ordinance adopted pursuant to division (D)(2) (Repair, Closing, and Posting) or after the PEO issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be restored or vacated and closed as provided in this chapter, then the City of Goldsboro City Council pursuant to G.S. § 160D-1203(6) may find the following:
1. That the owner has abandoned the intent and purpose to restore, alter, or improve the dwelling in order to render it fit for human habitation;
2. That the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the City of Goldsboro in that the dwelling would:
a. Continue to deteriorate;
b. Would create a fire or safety hazard;
c. Would attract persons intent on criminal activities;
d. Would cause or contribute to blight or the deterioration of property values in the area; or
e. Would render unavailable property and a dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state.
(b) Then in such circumstances, the City of Goldsboro City Council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
1. If it is determined that the dwelling is deteriorated, the ordinance shall require that the owner either restore or demolish and remove the dwelling within 90 days.
2. If it is determined that the dwelling is dilapidated, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.
3. The ordinance shall be recorded in the Wayne County Register of Deeds and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance, the PEO shall effectuate the purpose of the ordinance.
(5) Liens.
(a) The amount of the cost of restorations, alterations, improvements, vacating and closing, or removal or demolition by the PEO shall be a lien against the real property upon which the cost was incurred.
1. The lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Ch. 160A, Art. 10 and in accordance with G.S. § 160D-1203(7).
(b) If the dwelling is removed or demolished by the PEO, the City of Goldsboro shall sell the materials of the dwelling, and any personal property, fixtures, or appurtenances, found in or attached to the dwelling.
1. The proceeds of the sale shall credit against the cost of the removal or demolition, and any balance remaining shall be deposited in the Superior Court by the PEO.
2. It shall be secured in a manner directed by the Court and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
3. If the City of Goldsboro enters into a contract for demolition, the contractor shall verify by affidavit that the proceeds from sales of any salvaged materials, including personal property, fixtures, or appurtenances, have been credited against the cost of demolition.
(c) Nothing in this subdivision shall be construed to impair or limit in any way the power of local government to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(6) Civil action. If any owner or occupant fails to comply with a lawful order to vacate a place of habitation, the City of Goldsboro may file a civil action in the nature of summary ejectment to remove the occupant as authorized by G.S. § 160D-1203(8).
(7) Method of service.
(a) Complaints or orders issued by the PEO shall be served to parties of interest personally, or by registered or certified mail.
1. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after mailing.
2. If regular mail is used, a notice of the pending proceedings shall also be posted in a conspicuous place on the affected premises per G.S. § 160D-1206(a).
(b) If the whereabouts of such persons are unknown and cannot be ascertained by the PEO in the exercise of reasonable diligence, the PEO shall generate an affidavit to that effect. The PEO shall then serve the complaint or order by singular publication in a newspaper of general circulation within the City of Goldsboro. A notice of the pending proceedings shall also be posted in a conspicuous place on the affected premises per G.S. § 160D-1206(b).
(c) Failure on the part of any owner or party in interest to receive or have served upon him/her any complaint, notice, or order herein provided for shall not affect or invalidate the proceedings with respect to any other owner or party of interest, or any other person.
(E) Appeals.
(1) General.
(a) Any owner or party of interest who has received an order under this chapter may appeal from the order to the Board of Adjustment according to the procedure authorized by G.S.§ 160D-1208(a).
(b) The appeal must be filed with the PEO and the Board of Adjustment within ten days following service of the order. The notice of appeal shall specify the grounds upon which the appeal is based.
(c) Upon the filing of a notice of appeal, the PEO shall provide the Board all documents constituting the record upon which the decision appealed from was made.
(2) Appeal of a decision.
(a) When an appeal is from a decision of the PEO refusing to allow the person aggrieved thereby to do any act, his/her decision shall remain in effect until modified or reversed.
(b) When an appeal is from a decision of the PEO requiring a person to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the PEO certifies to the Board that a suspension of the requirement would cause imminent peril to life or property.
1. In that case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one days written notice to the PEO, by the Board, or by a court of record upon petition made pursuant to G.S. § 160D-1208(a).
(3) Board of Adjustment.
(a) The Board of Adjustment shall fix a reasonable time for hearing appeals, shall give due notice to the parties, and shall render its decision within a reasonable time. Any party may appear in person, by agent, or by attorney.
(b) The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order that in its opinion ought to be made in the matter.
(c) The Board shall have all the powers of the PEO, but the concurring vote of four members shall be necessary to reverse or modify any decision or order of the PEO, in accordance with G.S. § 160D-1208(b).
(d) Every appellate decision of the Board of Adjustment shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(e) Any person aggrieved by a decision rendered by the Board of Adjustment may also petition the Superior Court for a temporary injunction restraining the PEO from carrying out the decision, pending a final disposition of the cause. The petition shall be filed within 30 days of the issuance of the Board's decision or order in accordance with G.S. § 160D-1208(d).
(F) Penalty.
(1) It shall be unlawful for the owner, operator, occupant, or parties of interest to occupy or to permit the occupancy by others or for anyone to occupy a dwelling which has been posted with the notices authorized in division (D)(2), after the time prescribed in the notice for the vacation of said dwelling. Each day's occupancy after said date shall be a separate and distinct offense.
(2) If any person shall violate any provision of this chapter, he shall be guilty of a misdemeanor and shall be punished as provided by law.
(3) Any owner, operator, occupant, or parties of interest of a dwelling who fails to comply with an order to repair, vacate and close or demolish any dwelling determined to be unfit for human habitation, or who allows for an unfit dwelling to be occupied, shall be subject to a civil penalty of $500 for the first day following the expiration of an order to restore, vacate and close or demolish any dwelling, or following a determination that an unfit dwelling has been reoccupied, in each instance, a penalty of $100 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of an order issued. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the city may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(4) Any owner, operator, occupant, or parties of interest of a dwelling who fails to comply with an order to restore, vacate and close, or demolish said dwelling, or who permits the reoccupancy of a dwelling designated as such in division (F)(3) shall on the second offense occurring within one year be subject to an additional civil penalty of $1,000 for the first day following the expiration of the order to restore, vacate and close or demolish said dwelling, or the unlawful reoccupancy of the unfit dwelling. In each instance, a penalty of $250 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of the order or remains unlawfully occupied. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the city may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
(Ord. 2023-9, passed 3-20-23)