(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Inspector 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 Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and parties in interest in the dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the Inspector at a place therein fixed, not less than ten days nor more than 30 days after the serving of the complaint.
(2) The owner and 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. 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 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 Inspector.
(B) Procedure after hearing.
(1) After the notice and hearing, the Inspector shall state in writing his or her determination whether the dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.
(2) If the Inspector 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 thereof an order directing and requiring the owner to repair, alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a reasonable specified period of time.
(3) The order may also direct and require the owner to vacate and close the dwelling or dwelling unit until the repairs, alterations and improvements have been made. Upon completion of required improvements, a new certificate of occupancy must be issued prior to subsequent leasing or sale of dwelling to a third party. Hardship cases may be handled by the Inspector, recommending time or minimum requirement waivers to the town's Zoning Board of Adjustment, which body shall act on the recommendation.
(4) If the Inspector 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 thereof an order directing and requiring the owner to either repair, alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or else vacate and remove or demolish the same within a reasonable specified period of time, not to exceed 90 days, unless the owner elects to proceed under the procedures set forth in this division, or unless an application for an extension of up to 90 days is applied for by the owner and granted by the Code Enforcement Official for good cause shown.
(a) 1. Within ten days from the date of the order determining that the building is dilapidated, the owner may notify the Code Enforcement Official in writing of his or her intent to make the repairs or alterations to the place of habitation so as to comply with the minimum standards of fitness.
2. Upon receipt of an owner's written intent to repair the place of habitation within the time provided in this division, the Code Enforcement Official shall issue supplemental orders directing the owner to commence and complete the repairs or alterations necessary to comply with the minimum standards of fitness.
3. The Code Enforcement Official shall allow a reasonable period of time for the owner to make the repairs or alterations, but in no event shall the period of time allowed for the repairs or alterations be less than 30 days nor more than 90 days unless an extension of up to 90 days is granted by the Code Enforcement Official for good cause shown.
4. Upon application by the owner within the specified period of time, the Code Enforcement Official may grant extensions of up to one year for an owner-occupied dwelling, or up to 180 days for all other places of habitation for good cause shown.
(b) If the owner fails to give notice of either an intent to repair as provided in this division or notice of appeal of the decision of the Code Enforcement Official to the Housing Appeals Board within the time specified for such an appeal, the Code Enforcement Official shall proceed in accordance with divisions (B)(4)(a)1. through (B)(4)(a)4 above.
(c) 1. The Code Enforcement Official shall cause the complaint and notice issued under division (A) above and the findings of fact and order issued under this division to be filed in the notice of lis pendens in the office of the clerk of the county superior court. From the date and time of indexing by the clerk of court, the complaint and notice of hearing or findings of fact and order shall be binding upon the successors and assigns of the owners of and parties in interest in the place of habitation.
2. A copy of the notice of lis pendens shall be served upon the owners and parties in interest in the place of habitation at the time of filing in accordance with G.S. § 160D-1206. The notice of lis pendens shall remain in full force and effect until it is cancelled. The Code Enforcement Official shall have the authority to notify the clerk of court to cancel the notice of lis pendens when the Code Enforcement Official determines that there no longer is a need for the notice to remain in effect.
(d) 1. Whenever a determination is made pursuant to division (B)(4)(b) above that a dwelling must be vacated and closed or removed or demolished, under 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 the notices.
2. A minimum period of 45 days from the mailing of the notice shall be given before removal or demolition by action of the Code Enforcement Official, 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.
3. The Code Enforcement Official or the Town 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 the notices may raise the issue of failure to mail the notices, and the sole remedy shall be an order requiring the Code Enforcement Official to wait 45 days before causing removal or demolition.
(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 Inspector 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 Inspector to vacate and close, and remove or demolish the same within the time specified therein, the Inspector shall submit to the governing body of the town 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 Inspector, as authorized by G.S. §§ 160D-305 and 160D-1208.
(2) In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with an order of the Inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding division (C)(1), the Inspector shall submit to the governing body an ordinance ordering the Inspector to cause the 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 Inspector, and pending the removal or demolition, to placard the dwelling as provided by G.S. § 160D-1203 and § 151.041.
(3) Civil action to remove occupant. If any occupant fails to comply with an order to vacate a place of habitation the Code Enforcement Official may file a civil action in the name of the town to remove the occupant. The action shall be filed and conducted in accordance with G.S. § 160D-1203.
(D) Appeals from orders of Inspector.
(1) An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector 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 Inspector and with the town’s Zoning Board of Adjustment, hereinafter referred to as “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 Inspector shall forthwith transmit to the Board all the paper constituting the record upon which the decision appealed from was made.
(2) When appeal is from a decision of the Inspector 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 Inspector 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 Inspector 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 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 by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the Inspector, by the Board or by a court of record upon petition made pursuant to G.S. §§ 160D-305, 160D-1208 and division (E) of this section.
(3) 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 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 the powers of the Inspector, 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 Inspector.
(4) 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 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.
(E) Review of decisions. Every decision of the 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, as provided in G.S. §§ 160D-305 and 160D-1208. In addition, any person aggrieved by an order issued by the Inspector or a decision rendered by the Board shall also 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 Inspector pending a final disposition of the cause, as provided by G.S. §§ 160D-305 and 160D-1208.
(Ord. 2008-02, passed 5-13-2008; Ord. passed 4-13-2021)