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(A) The Building Inspector is hereby designated as the officer to enforce the provisions of this subchapter and to exercise the duties and powers herein prescribed. The Building Inspector is authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this subchapter.
(B) The Building Inspector shall have the following powers and duties:
(1) To investigate the condition(s) of the building(s) and/or premises in question, and to inspect dwellings and dwelling units under the jurisdiction of the county in order to determine which building(s) for human habitation and/or use are in violation of this subchapter, and for the purpose of carrying out the objectives of this subchapter with respect to the repair, closing or demolition of each such building;
(2) To take action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of buildings and/or abatement of conditions in violation of this subchapter;
(3) To keep a record of the results of inspections made under this subchapter and an inventory of those building(s) which are in violation of the provisions of this subchapter;
(4) To administer oaths and affirmations, examine witnesses and receive evidence;
(5) To enter upon premises for the purpose of making examination and inspections; provided, the entries shall be made in accordance with § 151.10 and state law, and shall be made in a manner as to cause the least possible inconvenience to the persons in possession;
(6) To appoint and fix the duties of officers, agents, and employees as he or she deems necessary to assist in carrying out the purposes of this subchapter, and to delegate any of his or her functions and powers to the officers, agents and employees; and
(7) To perform such other duties as may be prescribed herein or by the Board of County Commissioners and as is directed by the County Manager.
(Ord. 33 § 12, passed 2-4-2002)
(A) For the purpose of making inspections, the Inspector is hereby authorized to enter, examine and survey, at all reasonable times, all buildings and premises for human habitation or human use.
(B) Every occupant or tenant of a building for human habitation or human use shall give the owner thereof, or his or her agent at all reasonable hours access for the purpose of making repairs or alterations as are necessary to effect compliance with the provisions of this subchapter or with any lawful order issued pursuant to the provisions of this subchapter.
(C) When permission to inspect a dwelling or its premises is denied, the Building Inspector must obtain a warrant to inspect. The N.C. Court of Appeals, in In Re Dwelling, 24 N.C. App. 17 (1974), has held that the consent of the tenant-occupant who was in actual possession and control of the premises was sufficient to authorize an inspection without a warrant, notwithstanding the fact that the owner has objected to the warrant-less search. When faced with a situation where permission to inspect is denied, Building Inspectors are advised to seek the advice of the County Attorney.
(Ord. 33 § 13, passed 2-4-2002)
Statutory reference:
Issuance of warrants for the conduct of inspections authorized by law, see G.S. § 15-27.2
(A) Preliminary investigation; notice; hearing. When a petition is filed with the Inspector by a public authority or by at least 5 residents of the county, charging that any building for human habitation or use, or whenever it appears to the Inspector, upon inspection, that any building for human habitation or use 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 of interest in the building 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 10 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 1 of the persons signing a petition relating to the dwelling. Any person desiring to do so may attend the hearing and give evidence relevant in courts of law or equity. The North Carolina Rules of Evidence 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 building is unfit for human habitation or use and, if so, whether it is deteriorated or is dilapidated.
(1) Deteriorated. If the Inspector determines that the building is deteriorated, he or she shall state in writing his or her findings of fact in support of the determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter, improve or otherwise abate the building, dwellings or dwelling units to comply with the minimum standard of fitness established by this subchapter within a specified period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close the building until the repairs, alterations, and improvements or corrections have been made.
(2) Dilapidated. If the Inspector determines that the dwelling is dilapidated, he or she shall state in writing his or her finding 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 either to repair, alter, improve or otherwise abate the conditions as to comply with the minimum standards of fitness established by this subchapter, or else to vacate and remove or demolish the same within a specified period of time not to exceed 90 days.
(C) Failure to comply with order.
(1) In personam remedy. If the owner of a deteriorated building shall fail to comply with an order of the Inspector to repair, alter or improve, or to vacate and close the same within the time specified therein; or if the owner of a dilapidated building shall fail to comply with an order of the Inspector to repair, alter or improve, or to vacate, close and remove or demolish the same within the time specified therein, the Inspector shall submit to the Board of County Commissioners at its next regular meeting a resolution directing the County 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. § 153A-123(e).
(2) In rem remedy. After failure or refusal of an owner of a deteriorated or dilapidated building to comply with an order of the Inspector with the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (C)(1) of this section, the Inspector shall submit to the County Commissioners an ordinance ordering the Inspector to cause the building to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the Inspector, and pending removal or demolition, to place a placard on the building as provided by G.S. §§ 153A-123(e) and 151.13.
(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 10 days from the rendering of the decision or service of the order, and shall be taken by filing with the Inspector and with the Board of County Commissioners or its designee, 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 papers constituting the record on which the decision appealed from was made.
(a) When an 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.
(b) When an 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 his or her requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than a 1 day’s written notice to the Inspector by the Board, or by a court of record upon petition made pursuant to G.S. § 153A-121 and division (E) of this section.
(2) (a) 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.
(b) The Board may reverse or affirm, wholly or partly, or may 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 all the powers of the Inspector, but the concurring vote of 4 members of the Board shall be necessary to reverse or modify any decision or order of the Inspector.
(c) The Board shall have power also in passing upon appeals, 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.
(3) 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.
(E) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Inspector or 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 cause.
(Ord. 33 § 14, passed 2-4-2002)
Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail. If the whereabouts of the persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publishing the same, at least once no later than the time at which personal service would be required under the provision of this subchapter in a newspaper having general circulation in the county. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.
(Ord. 33 § 15, passed 2-4-2002)
(A) (1) After failure of an owner of a building to comply with an order of the Inspector issued pursuant to the provisions of this subchapter, and upon adoption by the county of an ordinance authorizing and directing him or her to do so, as provided by G.S. § 153A-121 and § 151.11(C), the Inspector shall proceed to cause the building(s) to be repaired, altered or improved to comply with the minimum standards of fitness established by this subchapter, or to be vacated and closed and removed or demolished, as directed by this subchapter, and shall cause to be posted on the main entrance of the building a placard with the following words: “This building is unfit for human habitation and occupancy is prohibited and unlawful.”
(2) Occupation of a building so posted shall constitute a misdemeanor.
(B) Each ordinance shall be recorded in the office of the Register of Deeds in the county where the property is located, and shall be indexed in the name of the property owner in the grantor index.
(Ord. 33 § 16, passed 2-4-2002) Penalty, see § 151.99
As provided by G.S. § 153A-123(c), the cost of any repairs, alterations or improvements, or of vacating or closing, or removal or demolition, or other abatements caused to be made or done by the Inspector pursuant to § 151.13 shall be a lien against the real property upon which the cost was incurred. This lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by G.S. § 153A-123.
(Ord. 33 § 17, passed 2-4-2002)
Neither this subchapter nor any of its provisions shall be construed to impair or limit in any way the power of the county to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this subchapter by criminal process as authorized by G.S. § 153A-123 and § 151.16, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(Ord. 33 § 18, passed 2-4-2002)
In the event any provision, standard or requirement of this subchapter is found to be in conflict with any provision of any other ordinance or code of the county, the provision which establishes the higher standards or more stringent requirement for the promotion and protection of the health and safety of the residents of the county shall prevail.
(Ord. 33 § 20, passed 2-4-2002)
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