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§ 95.47 POWERS AND DUTIES OF HOUSING INSPECTOR AND PUBLIC OFFICER.
   The Housing Inspector and Public Officer are hereby designated and appointed to enforce the provisions of this subchapter and to exercise the duties and powers herein prescribed:
   (A)   To investigate housing conditions and to inspect housing located in the village in order to determine which housing is unfit for human habitation, and to carry out and effectuate the objectives of this subchapter with respect to the repair, closing or demolition of such housing;
   (B)   To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
   (C)   To keep a record of the results of inspection made under this subchapter and an inventory of housing that does not meet the minimum standards of fitness herein prescribed;
   (D)   To administer oaths and affirmations, examine witnesses, and receive evidence;
   (E)   To enter upon premises for the purposes of making examinations and inspections; provided, such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
   (F)   To appoint and fix the duties of officers, agents, and employees necessary to carry out the purposes of this subchapter;
   (G)   To delegate any of the Inspector’s functions and powers under this subchapter; and
   (H)   To perform such other duties as may be prescribed herein or by the Village Council.
(Res., passed 6-28-23)
§ 95.48 INSPECTIONS.
   (A)   Authority to enter. For the purpose of making inspections and otherwise performing duties under this subchapter, the Inspector is hereby authorized to enter, examine and survey at all reasonable times all housing for the purpose of performing the Inspector’s duty of safeguarding the health and safety of the occupants of housing and of the general public.
   (B)   Obtaining a warrant. Whenever an owner, occupant, or agent thereof shall deny the Inspector reasonable access to any premises for purposes of making inspections, the Housing Inspector shall obtain a warrant to inspect as authorized by G.S. 15-27.2.
(Res., passed 6-28-23)
§ 95.49 PROCEDURE FOR ENFORCEMENT.
   (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)
§ 95.50 APPEALS FROM ORDERS OF THE INSPECTOR; REVIEW BY COURT.
   (A)   Appeals board. All appeals which may be taken from decisions or orders of the Inspector pursuant to this subchapter shall be heard and determined by the Zoning Board of Adjustment.
   (B)   When appeal may be taken. An appeal may be taken by any person aggrieved thereby, or by any officer, board or commission of the village, from a final decision or an order of the Inspector, unless a different method of appeal is provided for herein. Any appeal shall be taken within ten days from the rendering of the decision or service of the order, as the case may be, by filing with the Public Officer and with the Board of Adjustment a written notice of appeal which shall specify the grounds upon which the appeal is based. The notice of appeal must be accompanied by the appropriate fee, as established by the Village Council in the annual operating budget.
   (C)   Duty of Inspector upon the filing of an appeal. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the final decision or order appealed from was made. The Inspector who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the local government, shall be present at the hearing as a witness.
   (D)   Staying of action. When an appeal is from a decision or order of the Public Officer refusing to allow the person aggrieved thereby to do any act, the Public Officer’s decision or order shall remain in force until modified or reversed. When an appeal is from a decision or order of the Public Officer requiring the person aggrieved to do any act or pay any fines, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Public Officer certifies to the Board, after the notice of appeal is filed with the Public Officer, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of the Public Officer’s requirement would cause imminent peril to life or property. In that case, the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the Public Officer, by the Board of Adjustment, or by a court of record upon petition made pursuant to G.S. 160D-1208(d) and this section.
         (e)   Hearing of appeals. The Board of Adjustment 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 any 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 Public Officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Public Officer. The Board shall have power also in passing upon appeals, in any case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this subchapter, to adapt the application of this subchapter to the necessities of the case to the end that the spirit of this subchapter shall be observed, public safety and welfare secured, and substantial justice done. A copy of the Board’s decision shall be served on the appellant by the Public Officer.
         (f)   Petition to superior court.
            1.   Every decision of the Board of Adjustment shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the date of service of the decision of the Board, but not otherwise.
            2.   Any person aggrieved by an order issued by the Public Officer or a decision rendered by the Board of Adjustment may petition the superior court for an injunction restraining the Public Officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the Public Officer pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be held in accordance with G.S. 160D-1208(b).
(Res., passed 6-28-23)
§ 95.51 FILING OF NOTICE OF LIS PENDENS.
   “LIS PENDENS” (a pending suit), in general terms, is a notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and they are in danger of being bound by an adverse judgment. Upon the issuance of a complaint and notice of hearing or order pursuant thereto, a notice of lis pendens, with a copy of the complaint and notice of hearing or order attached thereto, may be filed by the Inspector in the office of the clerk of superior court for the county, as provided in G.S. 1-120.2. The Inspector shall serve a copy of the notice of lis pendens upon the owners and parties in interest in the housing. The Inspector may have the notice of lis pendens canceled at such time as the housing is brought into conformity with this subchapter by sending to the clerk of superior court a notice asking that the notice of lis pendens be canceled.
(Res., passed 6-28-23)
§ 95.52 METHODS OF SERVICE OF COMPLAINTS AND ORDERS.
   (A)   Complaints or orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
   (B)   If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the Public Officer in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the Public Officer makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the village at least once no later than the time at which personal service would be required under these provisions. When 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.
(Res., passed 6-28-23)
State law reference:
   Similar provisions, G.S. 160D-1206(b)
§ 95.53 COSTS A LIEN ON PREMISES; DISPOSITION OF PROPERTY.
   (A)   Lien. As provided by G.S. 160D-1203(7), the cost of any repairs, alterations, or improvements, or of vacating and closing, or removal or demolition, caused to be made or done by the Public Officer pursuant to this subchapter shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by G.S. 160A, Article 10 (G.S. 160A-216 et seq. including G.S. 160A-233(c)). Such lien, if against real property located within the village limits, is also a lien on any other real property of the owner located within the village limits or within one mile thereof except for the owner’s primary residence. This additional lien is inferior to all prior liens and shall be collected as a money judgment. All liens shall be filed in the office of the register of deeds of the county where the property is located.
   (B)   Disposition. If the housing is removed or demolished by the Public Officer, the Public Officer shall sell the materials of the housing, and any personal property, fixtures or appurtenances found in or attached to the housing, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the Public Officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
(Res., passed 6-28-23)
§ 95.54 OTHER REMEDIES.
   Nothing contained herein or in any other part of this subchapter shall be construed to impair or limit in any way the power of the village to define and declare nuisances and to cause their removal or abatement by summary action or otherwise; to enforce any provision of its charter, or its ordinances or regulations; or to prevent or punish violations thereof, and the procedure described herein shall be in addition and supplemental to the powers conferred on the village by any other law.
(Res., passed 6-28-23)
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