(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Inspector, charging that any structure exists in violation of this subchapter, or whenever it appears to the Inspector, upon inspection, that any structure exists in violation hereof, 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 structure, 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 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 structure. 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. After the notice and hearing, the Inspector shall state in writing his or her determination whether the structure or dwelling violates this subchapter. If the Inspector determines that the dwelling or structure is in violation, he or she shall state in writing his or her 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 or improve the structure, or else remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Inspector shall have the right, within 30 days after issuance of the order, to petition the Superior Court for a temporary injunction restraining the Inspector pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
(D) Limitations on order.
(1) If the repair, alteration or improvement of the dwelling or abandoned structure can be made at a cost of no more than 50% of the value of the dwelling or building, as determined and published most recently by the County Tax Assessor, the order may require the owner, within the time specified, to repair, alter or improve the building, structure or dwelling in order to render it fit for human habitation, or, in the case of abandoned nonresidential buildings, to bring it into compliance with the standards of this subchapter within 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 subsequent order to repair or demolish the structure; or
(2) If the repair, alteration or improvement of the dwelling, building or structure cannot be made at a cost of less than 50% of the value of the dwelling or building, as determined and published most recently by the County Tax Assessor, the order may require the owner, within the time specified, to remove or demolish the structure or dwelling within 90 days.
(E) Failure to comply with order. If the owner of any structure shall fail to comply with an order of the Inspector within the time specified therein, the Inspector may either:
(1) Place the matter on the agenda of the Board at its next regular meeting; or
(2) Request an emergency meeting with the Board. At the meeting, the Board of Commissioners may consider an ordinance finding that failure to comply with the order jeopardized the public health safety and welfare of the general public and/or the occupants of the building structure or dwelling. If the Board finds that the public’s or occupant’s health and safety are jeopardized, the Board shall adopt an ordinance:
(a) Describing the property;
(b) Listing the Board’s findings;
(c) Directing that the ordinance be recorded in the County Registry and indexed in the grantor index in the name of the property owner(s); and
(d) Directing that the Inspector or officer cause the building or dwelling to be repaired, altered and repaired or vacated and closed. If the building or dwelling is to be closed, the ordinance will direct the Inspector to post the property with a placard reading:
1. For abandoned nonresidential buildings: “This building is unfit for any use; the use or occupation of this building for any purpose is prohibited and unlawful;” or
2. For dwellings: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
(F) Recorded in county office. Each ordinance shall be recorded in the County Office of the Register of Deeds, and shall be indexed in the name of the property owner in the grantor index.
(G) Misdemeanors. Any person who occupies or knowingly allows the occupancy of an abandoned building or structure so posted shall be guilty of a Class 3 misdemeanor. Any person who occupies or knowingly allows the occupancy of a dwelling so posted shall be guilty of a Class 1 misdemeanor.
(Prior Code, § 9-2085) (Ord. passed - -; Ord. 14-2021, passed - -)