(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Public Officer 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 Public Officer (on his or her own motion), that any dwelling or dwelling unit is unfit for human habitation, the Public Officer shall, if his or her 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 Public Officer (or his or her designated agent) at a place fixed in the notice, 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 the hearing shall also be given to at least one of the persons signing a petition relating to the dwelling. Any person desiring to do so may attend the hearing and give evidence. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Public Officer.
(B) Procedure after hearing. If after notice and hearing the Public Officer determines that the dwelling under consideration is unfit for human habitation, he or she shall state in writing his or her findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order.
(1) Deteriorated dwelling, dwelling unit. If the Public Officer determines that the dwelling or dwelling unit is deteriorated, he or she shall state in writing his or her findings of fact in support of that determination, and shall issue and cause to be served upon the owner an order directing and requiring the owner to repair, alter or improve the dwelling or dwelling unit in order to render it fit for human habitation within a specified period of time, not to exceed 90 days. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under division (C)(1) of this section.
(2) Dilapidated dwelling. If the Public Officer determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support that determination, and shall issue and cause to be served upon the owner an order directing and requiring the owner either to repair, alter or improve the dwelling to render it fit for human habitation or to remove or demolish such dwelling within a specified period of time not to exceed 90 days.
(3) Vacated and closed dwellings.
(a) If the Board of Commissioners shall have adopted an ordinance as described in division (C) below, ordering a dwelling to be repaired, altered or improved pursuant to the findings of the Public Officer pursuant to divisions (B)(1) or (2) above or division (C) below, and if the owner has vacated and closed such dwelling and kept such dwelling vacated and closed for a period of one year pursuant to the ordinance or order, then if the Board of Commissioners shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the city in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause and contribute to blight and the deterioration of property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the Board of Commissioners, may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
1. 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 the dwelling within 90 days; or
2. 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.
(b) An ordinance adopted pursuant to this section shall be recorded in the office of the Register of Deeds of Cherokee County, North Carolina, and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this section, the Public Officer shall effectuate the purpose of the ordinance.
(c) For the purpose of this section, the current value of a dwelling or structure shall be defined as the fair market value as determined by a certified appraiser or the current tax value on record with the Cherokee County Tax Office, whichever is less.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Public Officer to repair, alter or improve, or to vacate and close the dwelling or dwelling unit within the time specified, or if the owner of a dilapidated dwelling or dwelling unit shall fail to comply with an order of the Public Officer to repair, alter or improve, or to vacate and close and remove or demolish the dwelling or dwelling unit within the time specified, the Public Officer may submit to the Board of Commissioners at its next regular meeting a resolution directing the Town Attorney to institute appropriate action in the General Court of Justice of Cherokee County, North Carolina, for an order directing that owner comply with the order of the Public Officer, as authorized by G.S. § 160D-1208(e).
(2) In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the Public Officer within the time specified, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) above, the Public Officer shall submit to the Board of Commissioners an ordinance ordering the Public Officer to cause that dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the Public Officer, and pending removal or demolition, to place a placard on that dwelling as provided by G.S. § 160D-1203 and § 155.14.
(D) Appeals from orders of the Public Officer.
(1) An appeal from any decision or order of the Public Officer may be taken by any aggrieved person. Any appeal from the Public Officer shall be taken within ten days from the rendering of the decision or service of the order and shall be taken by filing with the Public Officer and with the Housing Appeals 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 Public Officer shall forthwith transmit to the Housing Appeals Board all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Public Officer refusing to allow the aggrieved person to do any act, his or her decision shall remain in force until modified or reversed. When an appeal is from a decision of the Public Officer requiring the aggrieved person to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Housing Appeals Board unless the Public Officer certifies to the Housing Appeals 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 the appellant, a suspension of this requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one day's written notice to the Public Officer, by the Housing Appeals Board, or by a court of record upon petition made pursuant to G.S. §160D-1208(d) and division (E) of this section.
(2) The Housing Appeals 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 Housing Appeals 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 shall have all the powers of the Public Officer; but the concurring vote of four members of the Housing Appeals Board shall be necessary to reverse or modify any decision or order of the Public Officer. The Housing Appeals 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 this chapter, to adapt the application of this chapter to the necessities of the case to the end that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(3) Every decision of the Housing Appeals Board shall be subject to review 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 Public Officer or a decision rendered by the Board shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Public Officer pending a final disposition of the cause, as provided by G.S. § 160D-1208.
(Ord. passed 10-7-2019; Am. Ord. passed 5-3-2021)