(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Code Enforcement Supervisor or officer by a public authority or by at least five residents of the city at least 18 years of age charging that any dwelling is unfit for human habitation, or whenever it appears to the Code Enforcement Supervisor or officer, upon inspection, that any dwelling is unfit for human habitation, they shall, if their preliminary investigation discloses a basis for the charges, cause to be served upon the owner and the parties in interest in the dwelling a complaint stating the charges and containing a notice that an administrative hearing will be held before the Code Enforcement Supervisor or officer at a place and time fixed in the complaint, not less than ten days nor more than 30 days after the serving of the complaint.
(2) It shall be unlawful for the owner or the parties in interest upon whom such complaint has been served to permit any person to occupy any dwelling, at the time of service of such complaint is vacant, or which shall subsequently become vacant, until such owner or parties in interest shall have obtained from the Code Enforcement Supervisor or officer a certificate of compliance. The Code Enforcement Supervisor or officer shall issue such certificate of compliance upon a determination that the dwelling complies in all respects with the provisions of this article.
(3) The owner or any party in interest shall have the right to correct the violation or to file an answer to the complaint and to appear in person, by phone, or virtually and give testimony at the place and time fixed in the complaint. Notice of the hearing shall also be given to at least one person signing a petition relating to the dwelling. Any person desiring to do so may attend the 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 administrative hearings before the Code Enforcement Supervisor or officer.
(B) Notice of lis pendens.
(1) Filing a notice of lis pendens. After a Code Enforcement Supervisor or officer issues a complaint and a notice of hearing or issues findings of fact and an order pursuant thereto, any Code Enforcement Supervisor or officer may file a notice of lis pendens with the Clerk of Superior Court of the county where the property is located. A copy of the complaint and notice of hearing or a copy of the findings of fact and order shall be attached to the notice of lis pendens. The notice of lis pendens and a copy of the complaint and notice or findings of fact and order shall be indexed and cross-indexed in accordance with the indexing procedures of G.S. 1-117. From the date and time of indexing, the complaint and notice or findings of fact and order shall be binding upon the successors and assigns of the owners of and parties in interest in the building or dwelling at the time of filing. When the notice of 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 in accordance with G.S. 160D-1206 and the method of service procedures set forth in section 9-1-114. The notice of lis pendens shall remain in full force and effect until it is cancelled.
(2) Cancellation of notice of lis pendens. Any Code Enforcement Supervisor or officer may cancel the notice of lis pendens upon a determination by the Code Enforcement Supervisor or officer that the property fully complies with this article or if the enforcement action is settled, discontinued or abated. Cancellation of the notice of lis pendens must be made in a writing signed by the Code Enforcement Supervisor or officer and filed with the Clerk of Superior Court where the property is located.
(C) Procedure after hearing order. After the notice and hearing provided for in subsection (A), the Code Enforcement Supervisor or officer shall state in writing their determination whether such dwelling is unsafe or unfit for human habitation and, if so, whether it is deteriorate or dilapidated.
(1) If the Code Enforcement Supervisor or officer determines that the dwelling is deteriorated, they shall state in writing their findings of fact in support of the determination and shall issue and cause to be served upon the owner and parties in interest thereof an order directing and requiring the owner to repair, alter, or improve the dwelling to comply with the minimum standards of fitness established by this article or to vacate and close the dwelling within a specified period of time, not less than 30 days and not more than 90 days.
(2) If the Code Enforcement Supervisor or officer determines that the dwelling is dilapidated, they shall state in writing their findings of fact in support of that determination and shall issue and cause to be served upon the owner and parties in interest thereof an order directing and requiring the owner to remove or demolish the same within a specified period of time, not less than 30 days and not more than 90 days.
(D) Failure to comply with order. Remedies for the failure to comply with the order are as follows:
(1) In personam remedy. If the owner of any deteriorated dwelling shall fail to comply with an order to the Code Enforcement Supervisor or officer to repair, alter or improve or to vacate and close the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Code Enforcement Supervisor or officer to demolish and remove the same within the time specified therein, the Code Enforcement Supervisor or officer may submit to City Council, at its next regular meeting, a resolution directing the City Attorney to petition the superior court for an order directing the owner to comply with the order of the Code Enforcement Supervisor or officer, as authorized by G.S. 160D-1208(d).
(2) In rem remedy. After failure of an owner of a deteriorated dwelling or of a dilapidated dwelling to comply with an order of the Code Enforcement Supervisor or officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding subsection (D)(1), the Code Enforcement Supervisor or officer shall submit to the City Council, at its next regular meeting, an ordinance ordering the Code Enforcement Supervisor or officer to cause the dwelling to be repaired, altered or improved, or vacated and closed, or to be demolished and removed as provided in the original order of the Code Enforcement Supervisor or officer. The Code Enforcement Supervisor or officer may cause to be posted on the main entrance of the dwelling a placard with the following words: “This dwelling is unfit for human habitation; the use or occupation of this dwelling for human habitation is prohibited and unlawful.” Occupation of a dwelling so posted shall constitute a Class 1 misdemeanor, as provided by G.S. 160D-1203(4).
(3) Ejectment. If any occupant fails to comply with an order to vacate a dwelling, the Code Enforcement Supervisor may file a civil action in the name of the City of Greenville to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. 42-29. If the summons appears to have been duly served and if at the hearing the Code Enforcement Supervisor produces a certified copy of an ordinance adopted by the City Council pursuant to G.S. 160D-1203(3) and this subsection (D) to vacate the dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and the execution of such judgment may be stayed as provided in G.S. 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the City Council has ordered the Code Enforcement Supervisor to proceed to exercise their duties under G.S. 160D-1203(3) and this subsection (D) to vacate and close or remove and demolish the dwelling.
(4) Civil penalty. If the owner of a dwelling, determined not to comply with any of the minimum standards of fitness established by this article but not determined to be unfit for human habitation, shall fail to comply with an order of the Code Enforcement Supervisor or officer to repair, alter or improve the same within the time specified therein, then the Code Enforcement Supervisor or officer may impose the civil fines authorized by section 9-1-119.
(5) Filing of ordinances. An ordinance adopted by City Council pursuant to this section shall be recorded in the office of the Register of Deeds of Pitt County and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. 160D-1203(6).
(E) Appeals from orders of the Code Enforcement Supervisor or officer.
(1) An appeal from any decision or order of the Code Enforcement Supervisor or officer may be taken by any person aggrieved thereby. Any appeal from the Code Enforcement Supervisor or officer shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Code Enforcement Supervisor or officer and with the Board of Adjustment.
(2) The Board shall fix a reasonable time for the hearing of all appeals, shall give notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney.
(3) Every decision of the Board 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.
(F) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Code Enforcement Supervisor or officer or a decision rendered by the Board of Adjustment shall have the right within 30 days after issuance of the order or rendering of the decision to petition the superior court for a temporary injunction restraining the Code Enforcement Supervisor or officer pending a final disposition of the cause, as provided by G.S. 160D-1208(d).
(Ord. No. 23-082, § 1, passed 12-14-2023)