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)