(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Zoning Administrator by a public authority or by at least five residents of the town charging that any dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he, she, or they shall, if his, her, or their 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 Town Board not less than ten days nor more than three days after the serving of the complaint.
(2) 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 time and place fixed in the complaint.
(3) Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard.
(4) The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Town Board.
(B) Procedure after hearing.
(1) After such notice and hearing, the Zoning Administrator shall state in writing his, her, or their determination whether such dwelling or dwelling unit is unfit for human habitation, and if so, whether it is deteriorated or dilapidated.
(2) (a) If the Zoning Administrator determines that the dwelling or dwelling unit is deteriorated, he, she, or they shall state in writing his, her, or their 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 dwelling or dwelling unit to comply with minimum standards of fitness established by this chapter within a specified period of time, not to exceed 90 days.
(b) Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made.
(3) If the Zoning Administrator determines that the dwelling is dilapidated, he, she, or they shall state in writing his, her, or their 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 either repair, alter, and improve such dwelling or dwelling unit to comply with minimum standards of fitness established by this chapter, or else vacate and remove or demolish the same within a specified period of time, not to exceed 90 days.
(4) (a) For the purposes of this chapter, a deteriorated dwelling unit shall be considered to be unfit for human habitation if the cost of repairing, altering or improving the unit is 50% or less than the value of the dwelling unit in the opinion of the Zoning Administrator.
(b) A dilapidated dwelling unit shall be considered to be unfit for human habitation if the cost of repairing, altering, or improving the unit is more than 50% the value of the dwelling unit in the opinion of the Zoning Administrator.
(C) Failure to comply with order. If any person to whom an order has been issued under this chapter shall fail to comply with such order, either of the following remedies may be pursued.
(1) If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the Zoning Administrator to repair, alter, or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Zoning Administrator to vacate and close, and remove or demolish the same within the time specified therein, the Zoning Administrator shall submit to the Mayor and Town Board at its next regular meeting a resolution directing the Town Attorney to petition the Superior Court for an order directing such owner to comply with the order of the Zoning Administrator, as authorized by G.S. § 160D-1201(a).
(2) After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, 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 Mayor and Town Board an ordinance ordering the Zoning Administrator to cause such dwelling or dwelling unit to be repaired, altered, improved, or vacated and closed and removed or demolished, as provided in the original order of the Zoning Administrator, and pending such removal or demolition, to placard such dwelling as provided in § 151.39 and G.S. § 160D- 1203(4).
(D) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Zoning Administrator or a decision rendered by the Town 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 Zoning Administrator pending a final disposition of the cause, as provided by G.S. § 160-1208(d).
(Prior Code, § 13-14) Penalty, see § 151.99