(A) Preliminary investigation; notice hearing. Whenever a petition is filed with the County Manager or designee by at least five residents of the county, charging that any structure exists in violation of this subchapter, or whenever it appears to the County Manager or designee, upon inspection, that any structure exists in violation hereof, the officer shall, if the officer's preliminary investigation discloses a basis for the charges, issue a cause to be served upon the owner of the structure, and any other parties in interest in the structure, a complaint stating the charges and containing a notice that a hearing will be held before the County Manager or designee at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. 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. Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the structure. 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 County Manager or designee.
(B) Procedure after hearing.
(1) After the notice and hearing, the County Manager or designee shall state in writing the officer's determination whether the structure violates this subchapter.
(2) If the County Manager or designee determines that the dwelling is in violation, the officer shall state in writing the officer’s findings of fact to support the determination, and shall issue and cause to be served upon the owner, and any other parties in interest thereof, an order directing and requiring the owner to either repair, alter and improve the structure or else 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 structure shall fail to comply with an order of the County Manager or designee within the time specified therein, the County Manager or designee may submit to the Board of Commissioners at its next regular meeting a resolution directing the County Attorney to petition the Superior Court for an order directing the owner, and any other parties in interest, to comply with the order of the County Manager or designee, as authorized by G.S. § 160D-1208(e).
(2) In rem remedy. After failure of an owner, and any other parties in interest, of a structure to comply with an order of the County Manager or designee within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) above, the County Manager or designee shall submit to the Board of Commissioners a resolution ordering the County Manager or designee to cause the structure to be removed or demolished, as provided in the original order of the County Manager or designee, and pending the removal or demolition, to placard the dwelling as provided by G.S. § 160D-1203.
(3) Enforcement and penalties. Violation of this section shall be subject to monetary fines and injunctive relief as provided in § 11.2 of the Lincoln County Unified Development Ordinance. A violation of this section shall not be punishable as a criminal offense pursuant to G.S. § 153A-123(b1).
(4) Petition to Superior Court by owner. Any person aggrieved by an order issued by the County Manager or designee shall have the right, within 30 days after issuance of the order to petition the Superior Court for a temporary injunction restraining the County Manager or designee, pending a final disposition of the cause, as provided by G.S. § 160D-1208(d).
(Ord. passed 3-21-2022; Ord. passed 11-6-2023)