(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Building Inspector 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, or whenever it appears to the Building Inspector, upon inspection, 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 such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Building Inspector at a place therein fixed, not less than ten days nor more than 30 days after the serving of the complaint. The owner and 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 time and place 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 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 Inspector.
(B) Procedure after hearing. After such notice and hearing, the Building Inspector 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.
(1) If the Building Inspector determines that the dwelling or dwelling unit is deteriorated, he or she shall state in writing his or her findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter, and improve such dwelling, dwelling unit, accessory building or accessory structure to comply with the minimum standards of fitness established by this chapter within a reasonable specified period of time. The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until such repairs, alterations, and improvements have been made. Hardship cases may be handled by the Building Inspector, recommending time or minimum requirement waivers to the Town Council which body shall act on such recommendation.
(2) If the Building Inspector determines that the dwelling is dilapidated, he or she shall state in writing his or her 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 dwelling, dwelling unit, accessory building or accessory structure to comply with the minimum standards of fitness established by this chapter, or else vacate and remove or demolish the same within a reasonable specified period of time.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Building Inspector to repair, alter, or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Building Inspector to vacate and close, and remove or demolish the same within the time specified therein, the Building Inspector shall submit to the Town Council 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 Building Inspector, as authorized by G.S. § 160A-446(g).
(2) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, 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 the preceding division (C)(1), the Building Inspector shall submit to the Town Council an ordinance ordering the Building Inspector to cause such dwelling or dwelling unit to be repaired, altered, improved, or vacated and closed and removed or demolished, as provided in the original order of the Building Inspector, and pending such removal or demolition, to placard the dwelling as provided by G.S. §
160A-443. A violation of this section is punishable as a misdemeanor.
(D) Appeals from orders of Inspector. An appeal from any decision or order of the Building Inspector may be taken by any person aggrieved thereby. Any appeal from the Building Inspector shall be taken within ten business days from the rendering of the decision or service of the order, and shall be taken by filing with the Building Inspector and with the Town Council, hereinafter referred to as "Council," a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Building Inspector shall forthwith transmit to the Council all the paper constituting the record upon which the decision appealed from was made. When appeal is from a decision of the Building Inspector refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When any appeal is from a decision of the Building Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Council, unless the Building Inspector certifies to the Council, 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 would cause imminent peril to life or property, in which 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 day written notice to the Building Inspector, the Council or by a court of record upon petition made pursuant to G.S. § 160A-446(f).
(1) The Council 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 Council may reverse or affirm, wholly or partly, or modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end it shall have the powers of the Building Inspector, but the majority vote of the members of the Council shall be necessary to reverse or modify any decision or order of the Building Inspector. The Council 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.
(2) Every decision of the Council shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the Council, but not otherwise, provided in G.S. § 160A-446(e). In addition, any person aggrieved by an order issued by the Building Inspector or a decision rendered by the Council shall also have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
(Ord. passed 10-10-11; Am. Ord. passed 4-11-22) Penalty, see §
98.99