§ 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, to repair, alter or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation 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;
      (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 Sections 10.19 and 10.99, civil or criminal or both.
   Notwithstanding any other provision of law, if the  condition of the dwelling would require  removal or demolition under subsection (A)(2) of this section and the dwelling is located in a historic district of the city and the historic district commission determines, after a public 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. Section 160A-400.14(a).
   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)