(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Chief Code Enforcement Officer by a public authority or by at least five residents of the city charging that any building, dwelling unit or rooming unit is unfit for human habitation, or whenever it appears to the Chief Code Enforcement Officer, upon inspection, that any building, dwelling unit or rooming unit (hereinafter collectively called “unsafe building”) is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the OWNER, as defined in § 151.46, of such unsafe building a complaint stating the charges and containing a notice that a hearing will be held before the Chief Code Enforcement Officer at a place and time therein fixed, not less than ten nor more than 30 days after the serving of said complaint.
(2) (a) The owner 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.
(b) If applicable, notice of such hearing shall also be given to at least one of the persons signing a petition relating to such unsafe building. 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 Chief Code Enforcement Officer.
(3) At the hearing, the Chief Code Enforcement Officer may determine, pursuant to G.S. § 160D-1205, that an unsafe building is unfit for human habitation if he or she finds that conditions exist in the unsafe building that render it dangerous or injurious to the health, safety or morals of the occupants of the unsafe building, the occupants of the neighboring buildings or other residents of the city. Such conditions may include, but are not limited to, the following: defects therein increasing the hazards of fire, accidents or other calamities; failure in any way to conform to the minimum standards set forth in this subchapter; or especially dangerous to life because of bad conditions of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system or inadequate means of egress.
(B) Procedure after hearing. After such notice and hearing, the Chief Code Enforcement Officer shall state in writing his or her determination whether such unsafe building is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.
(1) If the Chief Code Enforcement Officer determines that the unsafe building is deteriorated, he or she shall state in writing his or her findings of fact in support of such 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 unsafe building to comply with the minimum standards of fitness established by this subchapter within a specified period of time, not to exceed 90 days. Such order may also direct and require the owner to vacate and close such unsafe building until such repairs, alterations and improvements have been made. Upon application by the owner within the specified period of time, the Chief Code Enforcement Officer may grant extensions for substandard dwellings for up to 90 days if substantial progress has been made and the unit is occupied by its owner.
(2) If the Chief Code Enforcement Officer determines that the unsafe building is dilapidated, he or she shall state in writing his or her findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to vacate, close and remove or demolish the same within a specified period of time not to exceed 90 days, unless the owner elects to proceed under the provisions set forth below, or unless an application for an extension of up to 90 days is applied for by the owner within the time provided for compliance and granted by the Chief Code Enforcement Officer for substantial progress made. However, if the dwelling is located in a historic district of the city and the Historic District Commission determines, after a public hearing, 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.
(3) Within ten days from the date of the order determining that the building is dilapidated, the owner may notify the Chief Code Enforcement Officer in writing of his or her intent to make such repairs or alterations to said dwelling so as to comply with the minimum standards of fitness. Upon receipt of an owner’s written intent to repair said dwelling, within the time provided herein, the Chief Code Enforcement Officer shall issue a supplemental order directing the owner to commence and complete the repairs or alterations necessary to comply with the minimum standards of fitness. The Chief Code Enforcement Officer shall allow a reasonable period of time for the owner to make such repair or alterations, but in no event shall the period of time allowed for such repairs or alterations be less than 30 days nor more than 90 days unless an extension is granted by the Chief Code Enforcement Officer for substantial progress made. Upon application by the owner within the specified period of time, the Chief Code Enforcement Officer may grant extensions for substandard dwellings for up to 90 days if substantial progress has been made and the unit is occupied by its owner.
(4) In order to be considered for any extension of time for compliance with an order issued pursuant to this subchapter, the owner must have made a good-faith effort to comply with the order and all dangerous conditions must have been repaired. The Chief Code Enforcement Officer shall have sole authority to grant extensions. The City Council shall have no authority to hear or act upon extension requests or appeals of any order issued by the Chief Code Enforcement Officer.
(5) If the owner fails to give notice of either an intent to repair as herein provided or notice of appeal of the decision of the Chief Code Enforcement Officer to the Board of Adjustment within the time specified for such appeal, the Chief Code Enforcement Officer shall proceed in accordance with the provisions of divisions (C)(1) and (C)(2) below.
(6) (a) Whenever a determination is made pursuant to division (B)(2) above that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this section, notice of the order shall be given by first class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices.
(b) A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Chief Code Enforcement Officer, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease or purchase the property for the purpose of providing affordable housing. The Chief Code Enforcement Officer or the City Clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the Chief Code Enforcement Officer to wait 45 days before causing removal or demolition.
(C) Failure to comply with order.
(1) If the owner of any deteriorated unsafe building shall fail to comply with an order of the Chief Code Enforcement Officer to repair, alter or improve the same within the time specified therein, or if the owner of a dilapidated unsafe building shall fail to comply with an order of the Chief Code Enforcement Officer to vacate, close and remove or demolish the same within the time specified therein, the Chief Code Enforcement Officer may submit to the Council at its next regular meeting a resolution directing the City Attorney to institute in the General Court of Justice an appropriate action to seek an order of the court directing such owner to comply with the order of the Chief Code Enforcement Officer, as authorized by G.S. § 160D-446(g).
(2) (a) If the owner of any deteriorated unsafe building shall fail to comply with an order of the Chief Code Enforcement Officer within the time fixed by that order to repair, alter or improve the same within the time specified therein; or if the owner of a dilapidated unsafe building shall fail to comply with an order of the Chief Code Enforcement Officer to vacate, close and remove or demolish the same within the time specified therein; or if judicial relief has not been sought or has not been granted as provided in the division (C)(1) above; then in any of these events and pursuant to G.S. § 160D-1203(4) and (5), the Chief Code Enforcement Officer shall request the Council to order him or her, by an ordinance specifically describing the subject property to do the following, either:
1. To cause such unsafe building to be repaired, altered and improved to comply with the minimum standards of fitness established by this Code; or
2. To cause such unsafe building to be vacated, closed and removed or demolished. The Council, in ordering one of the aforesaid alternatives, shall order the specific action that will best effectuate the purposes of this subchapter.
(b) Once the ordinance is adopted by the Council, a true copy of such ordinance shall be recorded in the office of the Register of Deeds of the county and the Registrar shall index the name of the property owner in the “grantor index”, as provided by G.S. § 160D-1203(5). Once such an ordinance is adopted by the Council, the Chief Code Enforcement Officer shall forthwith cause such repair, alteration and improvement or closing, vacating and removal or demolition to be carried out by any public authority or private concern. Pursuant to G.S. § 160D-1203(7), the amount of the cost of repairs, alterations and improvements, or vacating, closing and removal or demolition shall be a lien against the real property upon which the cost was incurred. Such lien shall be filed, have the same priority and be collected as the lien for special assessment provided in G.S. Article 10, Chapter 160A, being G.S. §§ 160A-216 et seq. If the unsafe building is removed or demolished by the Chief Code Enforcement Officer, he or she shall, if possible, sell in any commercially reasonable manner the materials of the unsafe building and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition. Any balance remaining shall be deposited by the Chief Code Enforcement Officer with the Clerk of Superior Court for subsequent disbursement by the court to the persons found by the court to be entitled thereto.
(3) If any occupant fails to comply with an order to vacate a dwelling, the Chief Code Enforcement Officer may file a civil action in the name of the city to remove such occupant(s). Such action shall be filed and conducted in accordance with the provisions of G.S. § 160D-1203(8).
(4) None of the provisions of this Code shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise; or to enforce this Code by criminal process pursuant to G.S. § 14-4; and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in any ordinance of the city, or any statute of the state.
(5) After there has been a failure of the owner to comply with an order of the Chief Code Enforcement Officer to repair, alter and improve, or to vacate, close and remove or demolish the unsafe building, then the Chief Code Enforcement Officer shall cause to be posted on the main entrance of any such unsafe building a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for habitation is prohibited and unlawful.” Occupation or use of a building so posted is a violation of this subchapter and shall constitute a misdemeanor pursuant to G.S. § 14-4.
(D) Appeals from orders of Chief Code Enforcement Officer.
(1) An appeal from any decision or order of the Chief Code Enforcement Officer may be taken by any person aggrieved thereby. Any appeal from the Chief Code Enforcement Officer shall be taken within ten days from the rendering of the decision, or if either the owner or his or her attorney was not present when the decision was rendered, then within ten days of service of such order. Such appeal shall be taken by filing with the Chief Code Enforcement Officer and with the Board of Adjustment created in Chapter 12 of the Zoning Code (hereinafter called “the Board”) a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Chief Code Enforcement Officer shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made.
(2) When an appeal is from a decision of the Chief Code Enforcement Officer refusing to allow the person aggrieved thereby to do any act, his or her decision shall remain in force until modified or reversed. When any appeal is from a decision of the Chief Code Enforcement Officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Chief Code Enforcement Officer certifies to the Board after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished to the appellant), a suspension of this requirement would cause imminent peril to life or property. In that case, the requirement shall not be suspended except by a restraining order, which may be granted for due cause upon not less than one day’s written notice to the Chief Code Enforcement Officer by the Board, or by a court of record upon petition made pursuant to G.S. § 160D-1208(d) and division (E) below.
(3) All regulations, fees and other rules of the Board shall apply to these appeals, as stated in this division (D). The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to that end, it shall have all the powers of the Chief Code Enforcement Officer, but the concurring vote of four-fifths of the members of the Board shall be necessary to reverse or modify any decision or order of the Chief Code Enforcement Officer. The Board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the ordinance to the necessities of the case to the end that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Every decision of the Board shall be subject to review by the Superior Court of the county by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(E) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Chief Code Enforcement Officer or a decision rendered by the Board shall have the right, within 30 days after the issuance of the order or rendering of a decision, to petition the Superior Court for a temporary injunction, restraining the Chief Code Enforcement Officer pending a final disposition of the cause, as provided by G.S. § 160D-1208(d).
(Code 2019, § 9-42)