(A) Preliminary investigation; notice; hearing. On the Inspector’s own motion, on request of any public authority, or upon receipt of a petition signed by any five residents of the village alleging that any housing is unfit for human habitation, the Inspector shall undertake a preliminary investigation of the premises. If the Inspector’s preliminary investigation discloses a basis for such charges, the Inspector shall issue a complaint stating the charges and containing a notice that a hearing will be held before the Inspector or the Inspector’s designated agent at a place within the county in which the property is located, not less than ten nor more than 30 days after the serving of the complaint. The Inspector shall serve the complaint and notice upon the owner of, and parties in interest in, such housing. The owner and 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. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Inspector.
(B) Issuance of order after hearing. If, after such notice and hearing, the Inspector shall determine that the housing under consideration is unfit for human habitation under the terms of this subchapter, the Inspector shall state in writing his or her findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order. If any party in interest took part in the hearing, the order shall also be served on that person. The order shall do the following:
(1) Deteriorated housing. If the housing is determined to be deteriorated, the order shall require the owner, within the time specified in the order, to repair, alter or improve it in order to render it fit for human habitation. The order may require that the housing 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 housing; 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 unfit order under division (C)(2)(b) below; or
(2) Dilapidated housing. If the housing is determined to be dilapidated, the order shall require the owner, within the time specified in the order, to demolish or remove such housing.
(C) Failure to comply with order.
(1) It shall be unlawful for the owner of any housing to fail, neglect, or refuse to repair, alter, or improve the same, or to fail, neglect or refuse to vacate and close or vacate and demolish and remove such housing, upon order of the Inspector duly made and served as herein provided, within the time specified in such order. Each day that any such failure, neglect, or refusal to comply with such order continues shall constitute a separate and distinct offense.
(2) Unless specifically provided otherwise, violation of this subchapter shall be a civil offense. If an owner fails to comply with an order to repair, alter or improve or to vacate and close, or demolish or remove any housing, any one, all, or combination of the enforcement actions authorized by law may be taken, including those set forth herein.
(a) Civil penalty.
1. If the owner of any deteriorated or dilapidated housing shall fail to comply with an order of the Inspector within the time specified therein, or if any housing is occupied in violation of this subchapter or any valid order or decision of the Inspector or Board of Adjustment made pursuant to this subchapter, the owner shall be subject to a civil penalty of $100 per day. Each day in which a violation is allowed to persist will constitute a separate and distinct offense. If a person fails to pay the civil penalty within ten days after being notified of the amount due, the village may recover the civil penalty together with all costs by filing one or more civil actions in the general court of justice in the nature of a suit to collect a debt. The Village Attorney is hereby authorized to file suit on behalf of the village to collect any civil penalties, and the Village Administrator is hereby authorized to verify and sign complaints on behalf of the village in such suits.
2. No civil penalty shall be imposed against an owner of unfit housing where the only violation rendering the housing unfit is a violation for which this subchapter provides that the occupant is the sole person responsible, unless the owner is also the occupant.
3. If the owner of any deteriorated or dilapidated housing shall fail to comply with an order of the Inspector within the time specified therein, or if any housing is occupied in violation of this subchapter or any valid order or decision of the Inspector or Board of Adjustment made pursuant to this subchapter, two times or more within any 12-month period regarding the same housing unit, the civil penalty for the second and all subsequent violations shall be double the amounts specified in division (C)(2)(a)1. above.
(b) Action pursuant to ordinance. If the owner of deteriorated or dilapidated housing fails to comply with an order of the Inspector within the time specified therein and court ordered relief has not been sought or has not been granted as provided in division (C)(2)(e) below, the Public Officer may cause the housing to be repaired, altered, improved, vacated, closed or demolished and removed, as required by the order, provided the Public Officer takes the following steps. The Public Officer may submit to the Village Council for adoption an ordinance describing the property and ordering the Public Officer to proceed to effectuate the purpose of this subchapter with respect to the particular property or properties which the Public Officer found to be unfit for human habitation. No such ordinance shall be adopted to require demolition and removal of housing until the owner has first been given a reasonable opportunity to bring it into conformity with this subchapter. Such ordinance shall be recorded in the office of the register of deeds of the county where the property is located and shall be indexed in the name of the property owner in the grantor index. After the adoption of an ordinance authorizing that housing be vacated and closed, the Public Officer may post a placard on the main entrance of any housing so closed stating “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.” If any occupant fails to comply with an order to vacate housing after adoption of such ordinance, the Public Officer may file a civil action in the name of the village to remove such occupant in accordance with G.S. 160D-1203(8), including the provision of 30 days’ prior notice to an occupant who is a tenant of the owner.
(c) Occupation in violation of posting a misdemeanor. Notwithstanding any other provision of this subchapter, in accordance with G.S. 160D-1203(4), occupation of a building posted by the Public Officer pursuant to division (C)(2)(b) shall constitute a class 1 misdemeanor.
(d) Abandonment of intent to repair. If the Village Council shall have adopted an ordinance pursuant to division (C)(2)(b) above or, if the Public Officer shall have issued an order ordering a dwelling to be repaired or vacated and closed, as provided in division (B)(1) above, and if the owner has vacated and closed such housing and kept such housing vacated and closed for a period of one year pursuant to the ordinance or order, then, if the Village Council shall find that the owner has abandoned the intent and purpose to repair, alter or improve the dwelling in order to render it fit for human habitation and that the continuation of the housing in its vacated and closed status would be inimical to the health, safety, morals and welfare of the village in that the housing would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of property values in the area, in such circumstances the Village Council may, after the expiration of such one-year period, enact an ordinance and serve such ordinance on the owner requiring the owner to:
1. If the housing is deteriorated, repair or demolish and remove the dwelling within 90 days; or
2. If the housing is dilapidated, demolish and remove the dwelling within 90 days.
Such ordinance shall meet the requirements set forth in G.S. 160D-1203(6) and shall be recorded in the office of the register of deeds of the county where the housing is located and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this ordinance within the time fixed by such ordinance, then the Inspector shall effectuate the purpose of the ordinance.
(e) Court-ordered relief. If the owner of any deteriorated housing shall fail to comply with an order of the Public Officer to repair, alter, or improve or to vacate and close such housing within the time specified therein, or if the owner of dilapidated housing shall fail to comply with an order of the Inspector to demolish or remove such housing within the time specified therein, or if any housing is erected, constructed, altered, repaired, converted, maintained, or used in violation of this subchapter or any valid order or decision of the Public Officer or Board of Adjustment made pursuant to this subchapter, the Public Officer may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or use; to restrain, correct or abate the violation; to prevent the occupancy of the housing; or for any other purpose authorized by G.S. 160D-1208(e) or other law.
(f) Other enforcement action. The failure of the owner to comply with an order issued by the Public Officer may also be enforced through any equitable or other remedy deemed appropriate by the village and permitted by law.
(Res., passed 6-28-23)