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(A) Public areas. Every owner of a dwelling containing 2 or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
(B) Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he or she occupies and controls.
(C) Rubbish and garbage.
(1) Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities.
(2) In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.
(D) Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of same.
(E) Care of facilities, equipment and structure. No occupant shall willfully destroy, deface or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.
(Ord. – § 11, passed 8-27-1990) Penalty, see § 150.99
(A) The Housing Inspector is hereby designated as the officer to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed.
(B) The Housing Inspector is authorized to exercise powers that may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter.
(C) The Housing Inspector shall have the following powers and duties:
(1) To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to the repair, closing or demolition of dwelling and dwelling units;
(2) To take action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
(3) To keep a record of the inspections made under this chapter and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;
(4) To administer oaths and affirmations, examine witnesses and receive evidence;
(5) To enter upon premises for the purpose of making examinations and inspections; provided, entries shall be made in accordance with § 150.27 below and state law, and shall be made in a manner so as to cause the least possible inconvenience to the persons in possession;
(6) To appoint and fix the duties of officers, agents and employees as he or she deems necessary to assist in carrying out the purposes of this chapter, and to delegate any of his or her functions and powers to officers, agents and employees; and
(7) To preform other duties as may be prescribed herein or by the Town Council.
(Ord. – § 12, passed 8-27-1990)
(A) (1) For the purpose of making inspections, the Inspector is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming houses, rooming units and the premises associated therewith.
(2) The owner or occupant of every dwelling, dwelling units, rooming house or rooming unit or the person in charge thereof shall give the Inspector free access to the dwelling and its premises at all reasonable times for the purposes of inspection, examination and survey.
(B) Every occupant of a dwelling, dwelling unit, rooming house or rooming unit shall give the owner thereof, or his or her agent or employee, access to any part of the dwelling or dwelling unit and its premises at all reasonable times for the purpose of making repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.
(Ord. – § 13, passed 8-27-1990)
(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Inspector by a public authority or by at least 5 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 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 Inspector at a place therein fixed, not less than 10 nor more than 30 days after the serving of the complaint.
(2) 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.
(3) Notice of the hearing shall also be given to at least 1 of the persons signing a petition relating to the dwelling.
(4) Any person desiring to do so may attend the hearing and give evidence relevant to the issue or issues 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.
(1) After 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.
(2) If the Inspector determines that the dwelling or dwelling unit is deteriorated, he or or she shall state in writing his or her findings of fact in support of that 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.
(3) The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until the repairs, alterations and improvements have been made.
(4) If the Inspector determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support that 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 personam remedy. 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 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 Inspector, 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 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 Inspector shall submit to the Council an ordinance ordering the Inspector 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 Inspector, and pending removal or demolition, to place a placard on the dwelling as provided by G.S. § 160A-443 and § 150.30 below.
(D) Appeals from orders of Inspector.
(1) An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby.
(2) Any appeal from the Inspector shall be taken within 10 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.
(3) 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.
(4) 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.
(5) 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 1-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 (E) below.
(6) 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.
(7) 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 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 4 members of the Board shall be necessary to reverse or modify any decision or order of the Inspector.
(8) The Board shall have power also in passing upon appeals, in any case where there are practical difficulties of unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application or 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.
(9) 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 of 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).
(Ord. – § 14, passed 8-27-1990)
(A) Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail.
(B) 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.
(C) 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.
(Ord. – § 15, passed 8-27-1990)
(A) After failure of on 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 Council of an ordinance authorizing and directing him or her to do so, as provided by G.S. § 160A-433(5) and § 150.28(C) above, the Inspector shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with 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 Council, and shall cause to be posted on the main entrance of the 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.”
(B) Occupation of a building so posted shall constitute a misdemeanor. 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).
(Ord. – § 16, passed 8-27-1990) Penalty, see § 150.99
(A) As provided by G.S. § 160A-446(6), the costs 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 § 150.30 above shall be a lien against the real property upon which the cost was incurred.
(B) The lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by G.S. Ch. 160A, Article 10.
(Ord. – § 17, passed 8-27-1990)
Neither this chapter nor any of its provisions shall be construed to impair or limit in any way 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 criminal process as authorized by G.S. § 14-4 and § 150.34 below, 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.
(Ord. – § 18, passed 8-27-1990)
(A) All appeals which may be taken from decisions or orders of the Inspector pursuant to § 150.28(D) above shall be heard and determined by the Zoning Board of Adjustment.
(B) 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.
(C) The Board shall perform the duties prescribed by § 150.28(D) above and shall keep an accurate journal of all its proceedings.
(D) If the Zoning Board of Adjustment consists of more than 5 members, the Chairperson shall designate 5 members to hear appeals under this chapter.
(Ord. – § 19, passed 8-27-1990)
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