(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the public officer by a public authority, or whenever a petition is filed by at least five residents of the town charging that any dwelling is unfit for human habitation, or whenever it appears to the public officer either on his or her own action or upon his or her investigation of a written complaint filed by an adult occupant of a specific dwelling that any dwelling is unfit for human habitation, the public officer 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 dwellings a complaint and a notice that a hearing will be held before the public officer or his or her designated agent not less than ten days nor more than 30 days after serving of the complaint. Any complaint or other notice of violation shall be in writing and shall be issued pursuant to G.S. § 160D-404(a).
(B) Procedure after hearing on dwelling or dwelling unit. After notice and hearing on the dwelling or dwelling unit, the Inspector shall state in writing his or her determination whether the dwelling unit is unfit for human habitation, and if so, whether it is deteriorated or dilapidated.
(1) 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 and 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 repairs, alterations and improvements have been made.
(2) 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 to either repair, alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else vacate and remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Procedure after hearing on abandoned structure. After notice and hearing, the Inspector shall state in writing his or her determination whether the structure is an abandoned structure. If the Inspector determines that the structure is an abandoned structure, 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 to either repair, alter and improve the structure to correct those conditions which constitute a hazard to health or safety, or else remove or demolish the same within a specified period of time not to exceed 90 days.
(D) Failure to comply with order for abandoned structure or dilapidated dwelling. After failure of an owner of an abandoned structure, or a dilapidated dwelling or dwelling unit, to comply with an order of the Inspector within the time specified therein, the Board of Commissioners shall adopt an ordinance ordering the Inspector to cause the particular dwelling, dwelling unit or abandoned structure to be vacated and closed and moved or demolished, as provided in the original order of the Inspector, and pending removal or demolition, to placard the dwelling or abandoned structure as provided by G.S. § 160D-1203 and § 152.08 of this code. This ordinance shall be recorded in the office of the Register of Deeds and shall be indexed in the name of the property owner in the grantor index. If the owner has been given a reasonable opportunity to bring the dwelling or structure into conformity with the housing code but fails to comply with the order to remove or demolish the dwelling, the Inspector may cause such dwelling to be removed or demolished after the Board of Commissioners adopts a subsequent ordinance ordering the Inspector to take such action. This subsequent ordinance shall be recorded in the office of the Register of Deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(E) Failure to comply with order for deteriorated dwelling. After failure of an owner of a deteriorated dwelling or dwelling unit to comply with an order of the Inspector within one year, the Board of Commissioners shall adopt an ordinance ordering the Inspector to cause the particular dwelling, dwelling unit to be repaired, altered, improved or vacated and closed and moved or demolished, as provided G.S. § 160D-1203(6). This ordinance shall be recorded in the office of the Register of Deeds and shall be indexed in the name of the property owner in the grantor index.
(F) Mandatory compliance procedures. All property owners shall be given every consideration in their efforts to comply with the order of findings of the Inspector. In all cases where a property and structure are under an order of finding, the property owner shall diligently pursue the steps necessary to comply with the order of finding within the time limit set forth in the order.
(Ord. 21- , passed - -2021)