(A) Whenever a petition is filed with the Code Official by a public authority, or by at least five residents of the town charging that any dwelling, or dwelling unit, is unfit for human habitation, or whenever it appears to the Official that any dwelling, or dwelling unit, is unfit for human habitation, the Code Official shall, if the preliminary investigation discloses a basis for such charges, issue, and cause to be served upon the owner of, and parties in interest in, such dwelling, or dwelling unit, a complaint stating the charges, and containing a notice that a hearing will be held before the Official at a place within the county 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 such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such 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 Official.
(B) If after such notice, and hearing, the Official determines that the dwelling under consideration is unfit for human habitation, the Code Official shall state, in writing, the findings of fact in support of such determination, and shall issue, and cause to be served upon the owners, an order as follows:
(1) If the repair, alteration, or improvement of the dwelling can be made at a cost not to exceed 50% of the value of the dwelling, requiring the owner, within the time specified, to repair, alter, or improve the dwelling in order to render it fit for human habitation, or to vacate and close the dwelling as a human habitation;
(2) If the repair, alteration, or improvement of the dwelling cannot be made at a cost not to 50% of the value of the dwelling, requiring the owner, within the time specified in the order, to remove, or demolish, such dwelling; and
(3) If a house has been closed, and/or boarded, for a period of one year or longer, after being closed following proceedings under the substandard housing regulations, and Town Council determines that the owner has abandoned the intent, and purpose, to render it fit for human habitation, and that continuation of the dwelling in its vacated, and closed, status would be inimical to the health, safety, morals, and welfare of the community in that the dwelling would continue to deteriorate, would create a fire, and safety, hazard, would be a threat to children and vagrants, would cause, or contribute, to blight and deterioration of property values in the area, then in such circumstances, the Town Council may, after the expiration of such one-year period, enact an ordinance, and serve such ordinance on the owner, setting forth the following:
(a) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner either repair, or demolish and remove, the dwelling within 90 days; or
(b) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require the owner to demolish, and remove, the dwelling within 90 days.
(C) The Official is authorized to fix the reasonable value of any housing, and to estimate the cost of repairs, alterations, or improvements for the purposes of this section.
(D) If the owner fails to comply with an order to repair, alter, or improve, or to vacate and close the dwelling, the Official may cause such to be repaired, altered, or improved, or to be vacated and closed, and may cause to be posted on the main entrance of any dwelling so closed 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”. Occupation of a building so posted shall constitute a misdemeanor.
(E) If the owner fails to comply with an order to remove, or demolish, the dwelling, the Official may cause such dwelling to be removed, or demolished; provided, however, that the powers of the Official set forth in subsection (D) above, and this subsection, shall not be exercised until the Town Council has, by ordinance, ordered the Official to proceed to effectuate the purpose of this article with respect to the particular property, or properties, which the Official has found to be unfit for human habitation, and which shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. Such ordinance shall be recorded in the Office of the Register of Deeds of the county, and shall be indexed in the name of the property owner in the grantor index.
(F) The amount of the cost of such repairs, alterations, or improvements, or vacating and closing, or removal or demolition, by the Official shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in G.S. Chapter 160A, Article 10. If the dwelling is removed, or demolished, by the Official, he or she shall sell the materials of such dwelling, any personal property, fixtures, or appurtenances found in, or attached to, the dwelling, and shall credit the proceeds of such sale against the cost of the removal, or demolition, and any balance remaining shall be deposited in the Superior Court by the Official, shall be secured in such manner as may be directed by the Court, and shall be disbursed by the Court to the persons found to be entitled thereto by final order, or decree, of the Court.
(G) If any occupant fails to comply with an order to vacate a dwelling, the Code Official may file a civil action in the name of the town to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment, and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The Clerk of Superior Court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date, and place not to exceed ten days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided in G.S. § 42-29. The summons shall be returned according to its tenor, and if, on its return, it appears to have been duly served, and if at the hearing the Code Official produces a certified copy of an ordinance adopted by the governing body pursuant to subsection (E) above, authorizing the Official to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated, and that all persons be removed. The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G.S. § 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken, as provided in G.S. § 7A-228, and the execution of such judgment may be stayed, as provided in G.S. § 7A-227. An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this subsection (G), unless such occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the governing body has ordered the Code Official to proceed to exercise duties under subsections (D) and (E) to vacate and close, or remove and demolish the dwelling.
(H) Any violation of this section shall additionally subject the offender to a civil penalty to be recovered by the town pursuant to § 1-111(b).
(Ord. 21-2018, passed 12-3-2018)
Statutory reference:
Abatement procedures, G.S. Chapter 160D.