(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Officer by a public authority, or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the dwelling or dwelling unit a complaint, stating the charges and containing a notice that a hearing will be held before the Officer 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 the hearing shall also be given to at least one of the persons 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 hearings before the Officer.
(B) Procedure after hearing.
(1) After the notice and hearing, the Officer shall state in writing his or her determination whether the dwelling or dwelling unit is unfit for human habitation, and if so, whether it is deteriorated or dilapidated.
(2) If the Officer determines that the dwelling or dwelling unit is deteriorated, he or she shall state in writing his or her finding of fact in support of the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter or improve the dwelling or dwelling unit to comply with minimum standards of fitness established by this chapter within a specific period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until the repairs, alternations and improvements have been made.
(3) If the Officer determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner either to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else to vacate and remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In persona remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Officer to repair, alter or improve or to vacate and close the same within the time specified therein, the Officer shall submit to the Town Board of Aldermen at its next regular meeting a resolution directing the town attorney to petition the superior court for an order directing the owner to comply with the order of the Officer, as authorized by G.S. § 160A-446(g).
(2) In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the Officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding division (C)(1) above, the Officer shall submit to the Town Board of Aldermen an ordinance ordering the Officer to cause the dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the Officer and pending removal or demolition, to placard the dwelling as provided by G.S. § 160A-443, and § 150.16 herein.
(D) Appeals from orders of officer.
(1) An appeal from any decision or order of the Officer may be taken by any person aggrieved thereby. Any appeal shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Officer shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Officer refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When an appeal is from a decision of the Officer requiring the person aggrieved to do the act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Officer certifies to the Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his or her requirement shall not be suspended except for due cause shown upon not less than one day’s written notice to the Officer, by the Board, or by a court of record upon petition made pursuant to G.S. § 160A-446(f), and division (E) below.
(2) The Board shall fix a reasonable time for the hearing of all appeals, shall give due 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. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make a decision or order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Officer. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
(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.
(E) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Officer or a decision rendered by the Board 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 Officer pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
(Ord. passed 3-9-1993)