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Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail. If the whereabouts of the persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publishing the same at least once no later than the time at which personal service would be required under the provisions of this chapter in a newspaper having general circulation in the town. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.
(Prior Code, § 17-17)
After the notice and hearing, the 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.
(A) 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 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 the minimum standards of fitness established by this chapter within a specified 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 these repairs, alterations and improvements have been made.
(B) If the Inspector 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.
(Prior Code, § 17-16.2)
(A) Inspector.
(1) An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby. 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 Zoning Board of Adjustment a 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 papers constituting the record upon which the decision appealed from was made. When an 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 an 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 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 for due cause shown upon not less than one day’s written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. § 160A-446(f) and division (B) of this section.
(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 such decision and order as, in its opinion, ought to be made in the matter and, to that end, it shall have all the powers of the Inspector, but the concurring vote of four 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 chapter, to adapt the application of the chapter 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.
(Prior Code, 17-16.4)
(B) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Inspector 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 Inspector pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
(Prior Code, § 17-16.5)
(C) Zoning Board of Adjustment to hear appeals.
(1) All, appeals which may be taken from decisions or orders of the Inspector pursuant to this section shall be heard and determined by the Zoning Board of Adjustment. As the appeals body, the Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties. The Board shall perform the duties prescribed by § 96.48 and shall keep an accurate journal of all its proceedings.
(2) If the Zoning Board of Adjustment consists of more than five members, the chairperson shall designate five members to hear appeals under this subchapter.
(Prior Code, § 17-21)
(A) 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 same within the time specified therein, or if the owner of a dilapidated dwelling or dwelling unit shall fail, to comply with an order of the Inspector to repair, alter or improve or to vacate and close and remove or demolish the same within the time specified therein, the inspector shall submit to the Board of Alderpersons 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 Inspector, as authorized by G.S. § 160A-446(g).
(B) After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (A) above, the Inspector shall submit to the Board of Alderpersons an ordinance ordering the Inspector to cause such dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the Inspector, and pending removal or demolition, to place a placard on the dwelling as provided by G.S. § 160A-443 and this section.
(Prior Code, § 17-16.3)
(C) After failure of an owner of a dwelling or dwelling unit to comply with an order of the Inspector issued pursuant to the provisions of this chapter, and upon adoption by the Board of Alderpersons of an ordinance authorizing and directing him or her to do so, as provided by G.S. § 160A-443(5) and this section, the Inspector shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Board of Alderpersons, and shall cause to be posted on the main entrance of such dwelling or dwelling unit 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.” Occupation of a building so posted shall constitute a misdemeanor.
(D) Each ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property is located, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. § 160A-443(5).
(Prior Code, § 17-18)
As provided by G.S. § 160A-443(6), the cost of any repairs, alterations or improvements, or of vacating and closing, or removal or demolition, caused to be made or done by the Inspector pursuant to § 96.49 of this chapter shall be a lien against the real property upon which the cost was incurred. The lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by G.S. Chapter 160A, Article 10.
(Prior Code, § 17-19)
Neither this chapter nor any of its provisions shall be construed to limit or, in any way, impair, the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by the criminal process as authorized by G.S. § 14-4 and § 96.04 of this chapter, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(Prior Code, § 17-20)
(A) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter, or improve the same, or to vacate and close and remove or demolish the same, upon order of the Inspector duly made and served as herein provided, within the time specified in the order. Each day that any such failure, neglect or refusal to comply with such order continues shall constitute a separate and distinct offense.
(Prior Code, § 17-23.1)
(B) It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to §§ 96.45, 96.47 through 96.49 of this chapter, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing. Each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.
(Prior Code, § 17-23.2)
Penalty, see § 96.99
(A) The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. § 14-4.
(Prior Code, § 17-23.3)
(B) In addition to the penalty established by division (A) of this section, and the remedies provided by other provisions of this chapter, this chapter may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.
(Prior Code, § 17-23.4)
COMPLAINT AND NOTICE OF HEARING BEFORE BUILDING INSPECTOR
UNDER HOUSING CODE
TO: Owners and parties in interest in the dwelling (unit) located at ________________________
_______ in the (City) (Town) of ___________________________, North Carolina
YOU ARE HEREBY NOTIFIED that the dwelling (unit) located at the place designated above is in a condition that appears to be unfit for human habitation and to violate the (City) (Town) Housing Code in the following ways:
1. (Specify the violation and the applicable Housing Code Section.)
2. Etc.
YOU ARE FURTHER NOTIFIED that a hearing will be held before the Building Inspector of the (City) (Town) of _____________________________at his office in the (City) (Town) Hall at___________ o’clock, ___.m. on the _________day of _________________ , 20_____ (a time not less than ten nor more than 30 days after serving of the complaint) for the purpose of finding the facts as to whether or not the condition of such building falls within the scope of the above-mentioned sections of the Housing Code. At the hearing, you shall be entitled to offer such evidence which is relevant or material to the questions sought to be determined or the remedies sought to be effected.
YOU ARE FURTHER NOTIFIED that if, upon such hearing, the Building Inspector shall find that the conditions in the above-described dwelling (unit) do in fact violate the Housing Code, and do in fact render such dwelling (unit) unfit for human habitation, the Building Inspector will issue an order in writing directed to the owner of such dwelling (unit) requiring the owner to remedy these conditions by repairing the same or by vacating, demolishing or removing the same, or by taking such other steps as may be necessary to remedy these conditions. The Building Inspector may make such other orders and take such other procedures as are authorized under the Housing Code and the General Statutes of North Carolina.
Further information as to this matter may be obtained by contacting the undersigned.
This the _________day of __________________, 20_____ .
_________________________________________
BUILDING INSPECTOR
Note: If the whereabouts of an owner are unknown, this affidavit form should be executed by the Building Inspector prior to publication in a newspaper. This form can be used in connection with publication of the complaint (Form #1) or the findings of fact and order (Form #4).
FILE NO. ______________________________
STATE OF NORTH CAROLINA )
COUNTY OF_______________________________) AFFIDAVIT
(CITY)(TOWN) of ___________________________) SERVICE BY PUBLICATION
IN RE ABANDONED STRUCTURE LOCATED AT ___________________________________
(Name of Building Inspector), being first duly sworn, deposes and says:
1. That he is the Building Inspector of the (City)(Town) of ___________________________,
duly authorized to enforce the (City ) (Town) Housing Code against the above-entitled dwelling (unit); and
2. That [name of owner(s) of dwelling (unit)] (is) (are) the owner(s) of the above-entitled dwelling (unit); and
3. That, according to the information and belief of the Building Inspector, the whereabouts of the owner(s) are unknown and cannot be ascertained by the Building Inspector in the exercise of reasonable diligence; and
4. That service of the (complaint) (findings of fact and order) must be made by publication in a newspaper having general circulation in the (City) (Town), as authorized by G.S. § 160A-445.
________________________________________
BUILDING INSPECTOR
Sworn to and subscribed before me, this, the _________day of __________________, 20_____.
_______________________________________ NOTARY PUBLIC
My Commission Expires:
_______________________________________
PROOF OF SERVICE
COMPLAINT AND NOTICE OF HEARING
Service of the attached Complaint and Notice was made on the _________day of _________________,
20_____, by:
1. Delivering a copy of Complaint and Notice to_____________________________ at _________________________________
OR
2. Mailing a copy of Complaint and Notice by registered or certified mail to ______________
_____________ at _________________________________
OR
3. The name or whereabouts of the owner were unknown and could not, after due diligence, be discovered. This Notice and Complaint was served by publication after proper affidavit, as authorized by G.S. § 16CA-445 and by posting a copy thereof on the outside of the dwelling (unit) located at ___________________________________ on the date mentioned above (specify date of posting if different from above).
________________________________ ___________________________________________
DATE BUILDING INSPECTOR
Note: If the complaint is served by registered or certified mail, keep the return receipt with this form. If the complaint is served by publication, keep the publisher’s affidavit of publication with this form.
FINDINGS OF FACT AND ORDER
TO: Owners and parties in interest of the abandoned dwelling (unit) located at ________ _________________________ in the (City) (Town) of ____________________________, North
Carolina
The undersigned Housing Inspector of the (City) (Town) of ___________________________ , pursuant
to law, conducted a hearing at the time and place stated in the Complaint and Notice heretofore issued and served, or at a time to which the hearing was continued with previous notice to the above-named owners and parties in interest or their agents or attorneys. At the hearing, the Answer, if any, filed by the owners and parties in interest was read and considered, and the evidence, contentions, and views of the owners and parties in interest were carefully analyzed and considered by the undersigned. In addition to other evidence presented, the undersigned personally inspected the dwelling (unit) described above, and such inspection and examination has been considered, along with the other evidence offered at this hearing.
Upon the record and all of the evidence offered and contentions made, the undersigned Building Inspector does hereby find the following facts:
1. The above-named owners and parties in interest with respect to the dwelling (unit) located at the place specified above were duly served as required by law with written Complaint and Notice of Hearing which set forth the Complaint that the dwelling (unit) located at the above address is unfit for human habitation and violative of the (City) (Town) Housing Code, and the particulars thereof, and fixed a time and place for a hearing upon the complaint as provided by law. At the hearing, the following owners, persons in interest, or their agents or attorneys, were present and participated therein: (insert
names).
2. The building described above violates the (City) (Town) Housing Code, by reason of the following conditions found to be present and to exist in and about the structure:
1. (Specify the violation and applicable Housing Code section.)
2. Etc.
3. Due to these conditions the building described above is found to be (deteriorated) (dilapidated) conditioned within the meaning of the City/Town Housing Code, and to be unfit for human habitation.
IT IS THEREFORE ORDERED that the owners of the dwelling (unit) named above are required to bring such dwelling (unit) unto compliance with the Housing Code repairing, altering or improving the deteriorated structure in order to render it fit for human habitation or by vacating and closing the structure as a human habitation (repairing), altering or improving the dilapidated structure in order to render it fit for human habitation by demolishing or removing the structure from the premises by a date not later than the _________day of _________________, 20_____. (A date not more than 90 days from the date of this order.)
This, the _________day of ___________________, 20_____.
__________________________________________
BUILDING INSPECTOR
NOTE: If necessary, the Building Inspector’s order may also require the dwelling or dwelling unit to be vacated and closed until the necessary repairs are made.
FILE NO. ______________
PROOF OF SERVICE
FINDINGS OF FACT AND ORDER OF BUILDING INSPECTOR
Service of the attached Finding of Fact and Order was made on the _________day of ___________________, 20 ____, by:
1. Delivering a copy of Findings of Fact and Order to __________________________________
at ____________________________________________________________
OR
2. Mailing a copy of Findings of Fact and Order by certified or registered mail to ___________
___________________ at __________________________________________________________
OR
3. The name or whereabouts of the owner were unknown and could not, after due diligence, be discovered. This Findings of Fact and Order was served by publication, after proper affidavit, as authorized by G.S. § 160A-445, and by posting a copy thereof on the outside of the dwelling located at ________________________________________________________ on the date mentioned above (specify date of posting, if different from ).
____________________________________ ___________________________________________
DATE BUILDING INSPECTOR
Note:
1. If the findings of fact and order are served by certified or registered mail, keep the return receipt with this form. If the findings of fact and order are served by publication, keep the publisher’s affidavit of publication with this form.
2. If the whereabouts of the owner are unknown, publication should not be undertaken until the Building Inspector has executed an affidavit to that effect (see Form #12).
FILE NO. _____________
A RESOLUTION DIRECTING THE (CITY)(TOWN) ATTORNEY TO PETITION THE SUPERIOR COURT FOR AN ORDER REQUIRING THE OWNER OF CERTAIN PROPERTY TO COMPLY WITH THE HOUSING CODE AND THE ORDER OF THE BUILDING INSPECTOR ISSUED PURSUANT THERETO.
WHEREAS, the (Governing Body) of the (City) (Town) of __________________________ finds
that the dwelling herein described is unfit for human habitation under the provisions of the Housing Code, and that all of the procedures of the Housing Code have been complied with; and
WHEREAS the owner of this dwelling has failed to comply with a lawful order of the Building Inspector to repair the same to meet the requirements of the Housing Code, or to demolish the same, within the time therein prescribed;
NOW, THEREFORE, BE IT RESOLVED by the (Governing Body) of the (City) (Town) of _____________________________ that the (City) (Town) Attorney is hereby authorized and directed to proceed, as authorized by G.S. § 160A-446(g), to petition the Superior Court of ______________
County for an order requiring the owner of the dwelling located at ____________________________
___________________________________in the (City) (Town) of ______________________________,
North Carolina to take such steps as may be necessary to comply fully with the order of the Building Inspector issued on the _________day of __________________, 20_____.
Adopted this __________day of ___________________, 20_____.
__________________________________________
MAYOR
ATTEST:
____________________________________
(C1TY)(TOWN) CLERK
ORDINANCE DIRECTING THE BUILDING INSPECTOR TO REPAIR THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED HEREON THAT THE SAME MAY NOT BE OCCUPIED UNTIL REPAIRED.
WHEREAS, the (Governing Body) of the (City) (Town) of _____________________________
finds that the dwelling described herein is unfit for human habitation under the (City) (Town) Housing Code, and that all of the procedures of the Housing Code have been complied with; and
WHEREAS, this dwelling should be repaired to meet the requirements of the Housing Code, as directed by the Building Inspector, and should be placarded by placing thereon a notice prohibiting use for human habitation; and
WHEREAS, the owner of this dwelling has been given a reasonable opportunity to bring the dwelling up to the standards of the Housing Code in accordance with G.S. § 160A-443(5) pursuant to an order issued by the Building Inspector on _______________________________________, and the
owner has failed to comply with the order:
NOW, THEREFORE, BE IT ORDAINED by the (Governing Body) of the (City) (Town) of ____________________________________________________, that:
Section 1. The Building Inspector is hereby authorized and directed to place placard containing the legend:
“This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
In the building located at the following address: ________________________________________
____________
Section 2. The Building Inspector is hereby authorized and directed to proceed to repair, alter or improve and (if necessary) to vacate and close the above described dwelling in accordance with the order to the owner thereof dated the __________day of _________________, 20 _____, and in accordance with the Housing Code and G.S. § 160A-443.
Section 3. The cost of repairs, alterations or improvements, or of vacating and closing shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the (City) (Town) Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in G.S. Chapter 160A, Article 10. Upon completion of the required repairs, alterations or improvements, the Building Inspector shall certify the cost of same to the Tax Collector.
Section 4. It shall be unlawful for any person to remove or cause to be moved the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building herein declared to be unfit for human habitation.
(Prior Code, Ch. 17, Appendix)