(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the Housing Inspector by a public authority or by at least five residents of the town charging that any building, dwelling unit, or rooming unit is unfit for human habitation, or whenever it appears to the Housing Inspector, upon inspection, that any building, dwelling unit, or rooming unit (hereinafter collectively called “unsafe building”) is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner (as defined in § 151.146) of such unsafe building a complaint stating the charges and containing a notice that a hearing will be held before the Housing Inspector at a place and time therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner 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. If applicable, notice of such hearing shall also be given to at least one of the persons signing a petition relating to such unsafe building. 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 hearing before the Housing Inspector.
(2) At the hearing, the Housing Inspector may determine pursuant to G.S. § 160D-1205 that an unsafe building is unfit for human habitation if he or she finds that conditions exist in the unsafe building that render it dangerous or injurious to the health, safety, or morals of the occupants of the unsafe building, the occupants of the neighboring buildings, or other residents of the town. Such conditions may include, but are not limited to, the following: defects therein increasing the hazards of fire, accidents, or other calamities; failure in any way to conform to the minimum standards set forth in this Housing Code; or especially dangerous to life because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, or inadequate means of egress.
(B) Procedure after hearing. After such notice and hearing, the Housing Inspector shall state in writing his or her determination whether such unsafe building is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.
(1) If the Housing Inspector determines that the unsafe building is deteriorated, he or she shall state in writing his or her 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 unsafe building to comply with the minimum standards of fitness established by this Housing Code 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 unsafe building until such repairs, alterations, and improvements have been made.
(2) If the Housing Inspector determines that the unsafe building is dilapidated, he or she shall state in writing his or her 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 unsafe building to comply with the minimum standards of fitness established by this Housing Code or else vacate, close, and remove or demolish the same within a specified period of time not to exceed 90 days. Except in emergency situations endangering the immediate health, safety, or welfare of any persons, there shall be no demolition of an unsafe building until the owner has first had a reasonable opportunity to bring it into conformity with this Housing Code; 30 days is the minimum hereby established as such a reasonable opportunity and time.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of any deteriorated unsafe building shall fail to comply with an order of the Housing Inspector to repair, alter, or improve the same within the time specified therein, or if the owner of a dilapidated unsafe building shall fail to comply with an order of the Housing Inspector to either repair, alter, or improve the same or vacate, close, and remove or demolish the same within the time specified therein, the Housing Inspector may submit to the Board of Commissioners at its next regular meeting a resolution directing the Town Attorney to institute in the General Court of Justice an appropriate action to seek an order of the Court directing such owner to comply with the order of the Housing Inspector, as authorized by G.S. § 160D-1208(e).
(2) In rem remedy.
(a) If the owner of any deteriorated unsafe building shall fail to comply with an order of the Housing Inspector within the time fixed by that order to repair, alter, or improve the same within the time specified therein; or if the owner of a dilapidated unsafe building shall fail to comply with an order of the Housing Inspector to either repair, alter, or improve the same, or to vacate, close, and remove or demolish the same, within the time specified therein; or if judicial relief has not been sought or has not been granted as provided in division (C)(1) above; then in any of these events and pursuant to G.S. §§ 160D1203(4), (5), and (6), the Housing Inspector shall request the Board of Commissioners to order him or her by an ordinance specifically describing the subject property to do the following, either: to cause such unsafe building to be repaired, altered, and improved to comply with the minimum standards of fitness established by this Housing Code; or to cause such unsafe building to be vacated, closed, and removed or demolished. The Board, in ordering one of the aforesaid alternatives, shall order the specific action that will best effectuate the purposes of this Housing Code. Once the ordinance is adopted by the Board of Commissioners, a true copy of such ordinance shall be recorded in the office of the County Register of Deeds and Registrar shall index the name of the property owner in the “Grantor Index”, as provided by G.S. §§ 160D-1203(5) and (6).
(b) Once such an ordinance is adopted by the Board of Commissioners, the Housing Inspector shall forthwith cause such repair, alteration, and improvement or closing, vacating, and removal or demolition to be carried out by any public authority or private concern. Pursuant to G.S. § 160D-1203(7), the amount of the cost of repairs, alterations, and improvements, or vacating, closing, and removal or demolition shall be a lien against the real property upon which the cost was incurred. Such lien shall be filed, have the same priority and be collected as the lien for special assessment provided in G.S. Chapter 160A, Article 10. If the unsafe building is removed or demolished by the Housing Inspector, he or she shall, if possible, sell in any commercially reasonable manner the materials of the unsafe building and shall credit the proceeds of the sale, if any, against the cost of the removal or demolition. Any balance remaining shall be deposited by the Clerk of Superior Court for subsequent disbursement by the Court to the persons found by the Court to be entitled thereto.
(c) None of the provisions of this Housing Code shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise; or to enforce this Housing Code by criminal process pursuant to G.S. § 14-4; and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in any ordinance of the town, or any statute of the state.
(3) Placarding. After there has been a failure of the owner to comply with an order of the Housing Inspector to repair, alter, and improve, or to vacate, close, and remove or demolish the unsafe building, then the Housing Inspector shall cause to be posted on the main entrance of any such unsafe building a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” Occupation or use of a building so posted is a violation of this Housing Code and shall constitute a misdemeanor pursuant to G.S. § 14-4.
(D) Appeals from orders of Housing Inspector. An appeal from any decision or order of the Housing Inspector may be taken by any person aggrieved thereby. Any appeal from the Housing Inspector shall be taken within ten days from the rendering of the decision or if either the owner or his or her attorney was not present when the decision was rendered, then within ten days of service of such order, and such appeal shall be taken by filing with the Housing Inspector and with the Board of Adjustments (hereinafter called the 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 Housing Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed was made. When an appeal is from a decision of the Housing 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 Housing 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, 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 his or her requirement shall not be suspended except by a restraining order, which may be granted for due cause upon not less than one day’s written notice to the Housing Inspector, by the Board, or by a court of record upon petition made pursuant to G.S. § 160D-1208(d) division (E) below.
(1) 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 may modify the decision or order appealed from, and may make such decision and decision or order of the Housing Inspector. 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 the subchapter, to adapt the application of the subchapter to the necessities of the case to the end that the spirit of the subchapter shall be observed, public safety and welfare secured, and substantial justice done.
(2) Every decision of the Board shall be subject to review by the County Superior Court by proceedings in the nature of certiorari instituted within 15 days of the decision of the Board, but not otherwise.
(E) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Housing Inspector 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 inspector pending a final disposition of the case, as provided by G.S. § 160D-1208(d).
(Prior Code, § 9-2102) (Ord. passed 8-12-1976) Penalty, see § 151.999