(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Zoning Administrator by at least five residents of the town charging that any structure exists in violation of this subchapter or whenever it appears to the Zoning Administrator, upon inspection, that any structure exists in violation thereof, the Zoning Administrator shall, if such preliminary investigation discloses a basis for those charges, issue and cause to be served upon the owner of and parties in interest in the structure a complaint stating the charges and containing a notice that a hearing will be held before the Zoning Administrator at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint.
(2) (a) 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.
(b) Notice of the hearing shall also be given to at least one of the persons signing a petition relating to the structure.
(3) 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 Zoning Administrator.
(B) Procedure after hearing.
(1) After the notice and hearing, the Zoning Administrator shall state in writing any determination whether the structure violates this subchapter.
(2) If the Zoning Administrator determines that the dwelling is in violation, the Zoning Administrator shall state in writing his, her, or their findings of fact to support the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter, and improve the structure or else remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of any structure shall fail to comply with an order of the Zoning Administrator within the time specified therein, the Zoning Administrator may submit to the Town Board at its next regular meeting a resolution directing the Town Attorney to petition the Superior Court for an order directing the owner to comply with the order of the Zoning Administrator, as authorized by G.S. § 160D-1201(a).
(2) In rem remedy. After failure of an owner of a structure to comply with an order of the Zoning Administrator within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) above, the Zoning Administrator shall submit to the Town Board an ordinance ordering the Zoning Administrator to cause the structure to be removed or demolished, as provided in the original order of the Zoning Administrator, and pending the removal or demolition, to placard the dwelling as provided by G.S. § 160D-1203(4).
(D) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Zoning Administrator shall have the right, within 30 days after issuance of the order to petition the Superior Court for a temporary injunction restraining the Zoning Administrator pending a final disposition of the cause, as provided by G.S. § 160D-1208(d).
(Prior Code, § 4-45) Penalty, see § 150.99