(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Code Enforcement Official by a public authority or by at least five residents of the town at least 18 years of age charging that any place of habitation is unfit for human habitation, or whenever it appears to the Code Enforcement Official, upon inspection, that any place of habitation is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such place of habitation a complaint stating the charges and containing a notice that a hearing will be held before the Code Enforcement Official at a place therein fixed, not less than ten nor more than 30 days after the serving of such complaint. The owner or any party in interest shall have the right to correct the violation or 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 such hearing shall also be given to at least one of the persons signing a petition relating to such place of habitation. 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 the hearing before the Code Enforcement Official.
(2) The owner and parties in interest shall also have the right to file with the inspector a written statement in a form acceptable to the town agreeing that the housing referred to in the complaint is unfit for human habitation, that the same should be demolished, agreeing that the town may have said housing demolished, and agreeing that the cost of demolition shall be a lien in the nature of special assessment upon the property. In such cases, the inspector may proceed with the demolition without complying with the additional provisions of this section.
(B) Procedure after hearing. After the notice and hearing provided for in division (A), the Code Enforcement Official shall state in writing his determination whether such place of habitation is unsafe or unfit for human habitation and, if so, whether it is deteriorated or dilapidated.
(1) If the Code Enforcement Official determines that the place of habitation is deteriorated, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner and parties in interest thereof an order directing and requiring the owner to repair, alter, and improve such place of habitation to comply with the minimum standards of fitness established by this chapter 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 place of habitation while such repairs, alterations and improvements are being made. Upon application by the owner of a dwelling within the specified period of time, the Code Enforcement Official may grant extensions of up to one year if such dwelling is occupied by its owner, or up to 180 days for all other places of habitation, for good cause shown.
(2) If the Code Enforcement Official determines that a place of habitation is dilapidated, he shall state in writing his findings of fact to support such determination and shall issue and cause to be served upon the owner and parties in interest thereof an order directing and requiring the owner to vacate and close the place of habitation and to remove or demolish the place of habitation within a 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.
(3) 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 intent to make such repairs or alterations to the place of habitation so as to comply with the minimum standards of fitness. 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 order directing the owner to commence and complete the repairs or alterations necessary to comply with the minimum standards of fitness. The Code Enforcement Official shall allow a reasonable period of time for the owner to make such repairs 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 of up to 90 days is granted by the Code Enforcement Official for good cause shown. 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.
(4) 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 Board of Adjustment within the time specified for such an appeal, the Code Enforcement Official shall proceed in accordance with division (C)(l).
(5) The Code Enforcement Official shall cause a notice of lis pendens and a copy of the complaint and notice issued under division (A) 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 pursuant to G.S. § 1-120.2. 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. 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.
(6) Whenever a determination is made pursuant to division (B)(2) 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 such notices. A minimum period of 45 days from the mailing of such 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. 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 such notices may raise the issue of failure to mail such 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. Procedures for the failure to comply with the order are as follows:
(1) In personam remedy. If the owner of any deteriorated place of habitation shall fail to comply with an order of the Code Enforcement Official to repair, alter, or improve the place of habitation within the time specified therein, or if the owner of a dilapidated place of habitation shall fail to comply with an order of the Code Enforcement Official to vacate and close, and remove or demolish the place of habitation within the time specified therein, the Code Enforcement Official may submit to the Town Board of Commissioners, 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 Code Enforcement Official as authorized by G.S. § 160D-1208.
(2) In rem remedy. After failure of an owner of a deteriorated place of habitation, or of a dilapidated place of habitation to comply with an order of the Code Enforcement Official within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(l), the Code Enforcement Official may submit to the Town Board of Commissioners an ordinance ordering the Code Enforcement Official to cause such place of habitation to be repaired, altered, improved or vacated and closed and removed or demolished, as provided in the original order of the Code Enforcement Official and, pending such removal or demolition, to placard such place of habitation as provided by G.S. § 160D-1203(4), (5), and § 150.29.
(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 such occupant. Such action shall be filed and conducted in accordance with G.S. § 160D-1203(8).
(D) Appeals from order of Code Enforcement Official. An appeal from any decision of the Code Enforcement Official may be taken by any person aggrieved thereby. Any appeal from the Code Enforcement Official must be taken within ten days after the rendering of the decision or service of the order by filing with the Code Enforcement Official and with the Board of Adjustment a notice of appeal that shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Code Enforcement Official shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the decision appealed from was made. When an appeal is from a decision of the Code Enforcement Official refusing to allow the person aggrieved thereby to do any act, the Code Enforcement Official's decision shall remain in force until modified or reversed. When an appeal is from a decision of the Code Enforcement Official requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing of the Board unless the Code Enforcement Official certifies to the Board, after the notice of appeal is made, that, by reason of the fact stated in the certificate, a copy of which shall be furnished to the appellant and other parties in interest, a suspension of this requirement would cause imminent peril to life or property. When the Code Enforcement Official issues such a certificate, 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 Code Enforcement Official by the Board or by a court of record upon petition made pursuant to G.S. § 160D-1208(f) and division (E). The Board shall fix a reasonable time for the hearing of all appeals and cross appeals, shall give due notices to all parties in interest and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney and present evidence. The Board may reverse, 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. All Board meetings shall have a quorum present of at least three members, and the vote of at least three members shall be required for a decision on an appeal or cross appeal. The Board shall have the power in passing upon appeals and cross appeals where there are practical difficulties or hardships to adapt the application of this chapter to the necessities of the individual case to the end that the general purposes of the law and justice shall be done. Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the service of the decision of the Board on the person who filed the appeal.
(E) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Code Enforcement Official 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 Code Enforcement Official pending a final disposition of the cause, as provided by G.S. § 160D-1208(d).
(Ord. passed 6-27-2022)