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§ 153.51 INSPECTIONS.
   For the purpose of carrying out the intent of this chapter, the Code Enforcement Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises, including abandoned structures after sufficiently identifying himself The owner or occupant of every dwelling, dwelling unit or rooming unit, or the person in charge thereof, shall give the Code Enforcement Officer free access to such dwelling, dwelling unit or rooming unit, and its premises, at all reasonable times for the purposes of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, and its premises, at all reasonable times for the purpose of making such repairs or alterations, as are necessary to effect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.
(Ord. passed 2-18-92; Am. Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2022-54, passed 7-12-22)
§ 153.52 ADMINISTRATIVE LIABILITY.
   Except as may otherwise be provided by statute or local law or ordinance, no officer, agent or employee of the city charged with the enforcement of the housing code shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter unless he acted with actual malice.
(Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2022-54, passed 7-12-22)
§ 153.53 OWNER AND OCCUPANTS – RESPONSIBILITIES.
   (A)   The relative responsibilities of the owners of dwelling units and of the occupants of the dwelling units shall be as follows:
      (1)   Public spaces. Every owner of a building shall be responsible for maintaining in a reasonably clean and sanitary condition, the shared or public spaces of the building and premises thereof.
      (2)   Cleanliness. Every occupant shall be responsible for maintaining in a reasonably clean and sanitary condition that part of the dwelling unit and premises, which he occupies and controls.
      (3)   Infestation. Every occupant shall be responsible for the extermination of any insects, rodents, or other pests infesting the dwelling unit; provided, however, that the owner shall be responsible for such extermination if, because of violations of the standards of fitness, the dwelling unit is not reasonably impervious to pests.
      (4)   Rubbish and garbage. Every occupant shall be responsible for disposing of his rubbish and garbage in a clean and sanitary manner by placing it in adequate facilities for such disposal.
      (5)   Plumbing. Every owner shall be responsible for providing adequate operable plumbing facilities, including an adequate water heater, and for maintaining such facilities in efficient operating condition; every occupant shall be responsible for exercising reasonable care in the use of such facilities and for maintaining such facilities in a clean and sanitary condition.
      (6)   Heating. Every owner shall be responsible for providing adequate operable facilities and appliances supplying heat throughout the dwelling unit in compliance with the standards of fitness; every occupant shall be responsible for exercising reasonable care in the use of such facilities and appliances.
      (7)   Care of premises. No occupant shall willfully destroy, deface or otherwise impair any of the facilities or equipment of the owner on the premises which they occupy and control, or any part of the building itself. Willful destruction of the premises by the occupant shall be deemed legal grounds for eviction.
   (B)   Every owner shall remain ultimately responsible for violations of responsibilities imposed upon him by this chapter or any other ordinance although a similar responsibility may also be imposed upon the occupant and although the occupant may have agreed to bear the responsibility imposed by ordinance upon the owner.
(Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2022-54, passed 7-12-22)
§ 153.54 SAME – ENFORCEMENT OF RESPONSIBILITIES.
   Upon discovering in any building a condition resulting from noncompliance with the provisions in § 153.53, the Code Enforcement Officer is hereby authorized to order, to take, or otherwise to cause to be taken, such remedial action as is necessary to correct such condition.
(Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2022-54, passed 7-12-22)
§ 153.55 RESERVED.
§ 153.56 PRELIMINARY INVESTIGATIONS; NOTICES; HEARINGS.
   Whenever a petition is filed with the Code Enforcement Officer by a public authority, or by at least five residents of the city, charging that any dwelling is unfit for human habitation, or whenever it appears to the Code Enforcement Officer (on his own motion) that any dwelling is unfit for human habitation, the Code Enforcement Officer shall, if his inspection discloses a basis for such charges, issue and cause to be served upon the owner and parties in interest in such dwellings, a complaint stating the charges in that respect, and containing a notice that a hearing will be held before the Code Enforcement Officer (or his designated agent) at a place within the county in which the property is located, fixed not less than ten (10) days nor more than thirty (30) days after the serving of the complaint. The owner and parties 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. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Code Enforcement Officer.
(Ord. passed 2-18-92; Am. Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2022-54, passed 7-12-22)
§ 153.57 PROCEDURE AFTER HEARING; ORDER.
   (A)   If, after notice and hearing, the Code Enforcement Officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of that 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 such dwelling unit to comply with the minimum standards of fitness established by this chapter within the time specified in the order as follows:
      (1)   If the repair, alteration or improvement of the dwelling can be made at a reasonable cost of less than 50% of the value of the dwelling, the order shall require 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; or
      (2)   If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost of less than 50% of the value of the dwelling, the order shall require the owner, within the time specified in the order, to remove or demolish such dwelling.
   (B)   If, after notice and hearing the Code Enforcement Officer determines that the dwelling under consideration is not unfit for human habitation but is not in full compliance with one or more standards of dwelling fitness as set forth above, he may proceed with the enforcement procedures of §§ 10.19 and 10.99.
   (C)   Notwithstanding any other provision of law, if the condition of the dwelling would require removal or demolition under division (A)(2) of this section and the dwelling is located in a historic district of the city and the historic district commission determines, after an administrative hearing as provided by the ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with G. S. § 160D-949.
   (D)   The Code Enforcement Officer's order shall also provide that the housing to which it applies shall not be occupied if it is vacant as of the date of the order or becomes vacant before the required repair, alteration or improvement has been made, unless the owner obtains from the Code Enforcement Officer a certificate of fitness for occupancy, which shall be issued upon a finding by the administrator that the housing subject to the order is not unfit for human habitation.
(Ord. passed 2-18-92; Am. Ord. O-1999-37, passed 6-15-99; Am. Ord. O-1999-61, passed 10-5-99; Am. Ord. O-2022-54, passed 7-12-22)
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