(A) Preliminary investigation; notice hearing. Whenever a petition is filed with the City Manager or designee by at least five residents of the city charging that any structure exists in violation of this subchapter or whenever it appears to the City 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 and parties in interest in the structure a complaint stating the charges and containing a notice that a hearing will be held before the City 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 City Manager or designee.
(B) Procedure after hearing.
(1) After the notice and hearing, the City Manager or designee shall state in writing the officer’s determination whether the structure violates this subchapter.
(2) If the City Manager or designee determines that the structure 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 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 City Manager or designee within the time specified therein, the City Manager or designee may submit to the City Council at its next regular meeting a resolution directing the City Attorney to petition the Superior Court for an order directing the owner to comply with the order of the City Manager or designee, as authorized by G.S. § 160D-1208(e).
(2) In rem remedy. After failure of an owner of a structure to comply with an order of the City 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 City Manager or designee shall submit to the City Council an ordinance ordering the City Manager or designee to cause the structure to be removed or demolished, as provided in the original order of the City Manager or designee, and pending the removal or demolition, to placard the dwelling as provided by G.S. § 160D-1203.
(D) Appeals from orders of City Manager or designee. An appeal from any decision or order of the City Manager or designee may be taken by any person aggrieved thereby. Any appeal from the action of the City Manager or designee 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 City Manager or designee 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 City Manager or designee 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 City Manager or designee refusing to allow the person aggrieved thereby to do any act, the City Manager's or designee's decision shall remain in force until modified or reversed. When any appeal is from a decision of the City Manager or designee 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 City Manager or designee certifies to the Board, after the notice of appeal is filed with the City Manager or designee, that by reason of the facts stated in the certificate a copy of which shall be furnished the appellant, a suspension of the City Manager's or designee's requirement would cause imminent peril to life or property, 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 day's written notice to the City Manager or designee, by the Board or by a court of record upon petition made pursuant to G.S. § 160D- 1208(d) and division (D) below of this section.
(1) 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 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 City Manager or designee, but the concurring vote of three members of the Board shall be necessary to reverse or modify any decision or order of the City Manager or designee. 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 subchapter, to adapt the application of the subchapter to the necessities of the case to the end that the spirit of the subchapter shall be observed, public safety and welfare secured and substantial justice done.
(2) 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 to Superior Court by owner. Any person aggrieved by an order issued by the City 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 City Manager or designee pending a final disposition of the cause, as provided by G.S. § 160D-1208(d).
(Prior Code, § 4-34) (Ord passed 8-9-1984; Ord. CCTA-01-91, passed 8-8-1991; Ord. O-01-21, passed --) Penalty, see § 150.999