(A) Preliminary investigation; notice; hearing. Whenever a petition is filed with the Inspector by at least five residents of the town charging that any structure exists in violation of this chapter or whenever it appears to the Town Clerk, upon inspection, that any structure exists in violation hereof, 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 of and parties in interest in such structure a complaint stating the charges and containing a notice that a hearing will be held before the Town Clerk at a place therein fixed, not less than ten nor more than 30 days after the serving of said 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 such hearing shall also be given to at least one of the persons signing a petition relating to such structure. 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 hearings before the Town Clerk.
(B) Procedure after hearing.
(1) After such notice and hearing, the Town Clerk shall state in writing his or her determination whether such structure violates this chapter.
(2) If the Inspector determines that the dwelling is in violation, 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 structure or else 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 any structure shall fail to comply with an order of the Town Clerk within the time specified therein, the Town Clerk may submit to the Town Board at its next regular meeting a resolution directing an appointed attorney to petition the Superior Court for an order directing such owner to comply with the order of the Inspector, as authorized by G.S. § 160A-446(g).
(2) In rem remedy. After failure of an owner of a structure to comply with an order of the Town Clerk within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in division (D) below, the Town Clerk shall submit to the Town Board an ordinance ordering the Town Clerk to cause such structure to be removed or demolished, as provided in the original order of the Town Clerk, and pending such removal or demolition, to placard such dwelling as provided by G.S. § 160A-443.
(D) Petition to Superior Court by owner. Any person aggrieved by an order issued by the Town Clerk shall have the right, within 30 days after issuance of the order, to petition the Superior Court for a temporary injunction restraining the Town Clerk pending a final disposition of the cause, as provided by G.S. § 160A-446(f).
(Ord. passed 11-9-1982)