(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the 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 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 in that respect and containing a notice that a hearing will be held before the Inspector (or his or her designated agent) at a place within the county in which the property is located, not less than ten days nor more than 30 days after the serving of said complaint; that 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. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Inspector. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling.
(B) Procedure after hearing.
(1) After such notice and hearing, the Inspector shall state in wiring his or her determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated. If the 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 or dwelling unit to comply with the minimum standards of fitness established by this chapter within a reasonable specified period of time. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made. Upon completion of required improvements, a new certificate of occupancy must be issued prior to subsequent leasing or, sale of dwelling to a third party.
(2) If the 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 remove or demolish the same within a reasonable specified period of time.
(C) Failure to comply with order.
(1) If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Inspector to repair, alter, or improve or to vacate and close the dwelling within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Inspector to remove or demolish the dwelling within the time specified therein, the Inspector shall submit to town council of the town at its next regular meeting a resolution directing the Town Attorney to petition the superior court for an order directing such owner to comply with the order of the Inspector, as authorized by G.S. § 160D-1203(4).
(2) After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the Inspector to remove or demolish the dwelling 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 Inspector shall submit to the governing body an ordinance ordering the 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 inspector, and pending such removal or demolition, to placard such dwelling as provided by G.S. § 160D-1203(5) and § 151A.16 of this chapter. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into code conformity.
(3) If any occupant fails to comply with an order to vacate a dwelling, the Inspector may file a civil action in the name of the town to remove such occupant. The procedures to be followed by the Inspector in such case shall be as specified in G.S. § 160D-1203(8).
(4) If the governing body shall have adopted an ordinance, or the Inspector shall have issued an order, ordering a dwelling to be repaired or vacated and closed, as provided herein, and if the owner has vacated and closed such dwelling and kept such dwelling vacated and closed for a period of one year pursuant to the ordinance or order, the governing body shall have the authority as set forth in G.S. § 160D-1203(6).
(D) Appeals from orders of Inspector. An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the town. Any appeal from the Inspector 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 Inspector and with the Town Board of Adjustment, hereinafter referred to as “Board”, a written notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board all the paper constituting the record upon which the decision appealed from was made. When appeal is from a decision of the 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 Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of this 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 days written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. § 160D-1208(f) and division (E) of this section. The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the patties, 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 modify the decision or order appealed from, and may make any 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 Inspector, but the concurring vote of four-fifths of the members of the Board shall be necessary to reverse or modify any decision or order of the Inspector. 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.
(E) Decision subject to review. 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, as provided in G.S. § 160D-1208(c). In addition, any person aggrieved by an order issued by the inspector or a decision rendered by the Board may also petition the superior court for an injunction restraining the public officer carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the public officer pending a final disposition of the case. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be had by the court on a petition within 20 days and shall be given preference over other matters on the court’s calendar. The court shall hear and determine the issues raised and shall enter such final order or decree as law and justice may require. It shall not be necessary to file bond in any amount before obtaining a temporary injunction under this division (E).
(Ord. 10-04, passed 2-9-10; Am. Ord. 21-10, passed 6-15-21)
Statutory reference:
For similar provisions under state law, see G.S. § 160D-1208(d)