(A) Duty of Code Official. It shall be the duty of the Code Official to examine nonresidential structures located in the town, and its environs, where conditions described in § 5-601 exist for the purpose of locating, and taking action, with respect to such structures as appear to be a health or safety hazard. In exercising this power, department members shall have the right to enter on any premises within the jurisdiction of the department at all reasonable hours for purposes of inspection, or other enforcement action, upon presentation of proper credentials.
(B) Notice of complaint.
(1) If the inspection discloses health or safety hazards, as described in this article, the Code Official shall affix a notice of unsafe character in a conspicuous place on the exterior wall of the structure, giving notice of its unsafe, or dangerous, conditions, and cause to be served upon the owner of, and parties in interest to, the structure a complaint stating the charges and containing a notice. If the owner of a building, or structure, that has been condemned as unsafe, pursuant to G.S. Chapter 160D, shall fail to take prompt corrective measures, the Official shall give him or her written notice, by certified, or registered, mail to the last known address, or by personal service, that the building, or structure, is in a condition that appears to meet one, or more, of the following conditions:
(a) Constitutes a fire and safety hazard;
(b) Is dangerous to life, health, or other property;
(c) Is likely to cause, or contribute, to blight, disease, vagrancy, or danger to children; or
(d) Has a tendency to attract persons intent on criminal activities, or other activities which would constitute a public nuisance.
(2) (a) A hearing will be held before the Official at a designated place therein fixed, not less than ten, nor more than 30, days after serving of said complaint. If the name or whereabouts of the owner cannot, after due diligence, be discovered, the notice shall be considered properly, and adequately, served if a copy thereof is posted on the outside of the building, or structure, in question at least ten days prior to the hearing, and a notice of the hearing is published in a newspaper having general circulation in the town at least once, not later than one week prior to the hearing.
(b) No oversight, or dereliction, of duty on the part of any official, or employee, of the town shall be deemed to legalize the violation of any provision of this article, or any provision of any regulatory code adopted in this chapter.
(C) Hearing. 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. 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 Official.
(D) Procedure after hearing. After such hearing, if the Official finds that a structure constitutes a health, or safety, hazard, the Code Official shall state, in writing, the findings of fact in support of such determination. In such case, the Official shall issue, and cause to be served upon the owner thereof, an order directing, and requiring, the owner to repair, close, vacate, or demolish the structure as necessary to correct the health, or safety, hazard within a specified period of time.
(Ord. 21-2018, passed 12-3-2018)