(A) Preliminary investigation; notice; hearing.
(1) Whenever a petition is filed with the officer by a public authority or by at least five residents of the city or extraterritorial jurisdiction charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the officer, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis of such charges, issue and cause to be served upon the owner of and parties in interest in such dwellings a complaint stating the charges and containing a notice that a hearing will be held before the officer at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint; that 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; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the officer.
(2) Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard.
(B) Orders. After the notice and holding of a hearing under this division (B), the public officer determines that the dwelling under consideration is unfit for human habitation, the officer shall state in writing findings of fact in support of that determination and shall issue and cause to be served upon the owner, one of the following:
(1) If the repair, alteration, or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified, to repair, alter, or improve the dwelling in order to render it fit for human habitation. The ordinance may fix a certain percentage of this value as being reasonable. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm. 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.
(2) If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, requiring the owner, within the time specified in the order, to remove or demolish the dwelling. The ordinance may fix a certain percentage of this value as being reasonable.
(C) Authorized. After failure of an owner of a dwelling or dwelling unit to comply with an order of the officer issued pursuant to division (B)(1), and upon adoption by the City Council of an ordinance authorizing and directing him or her to do so, the Inspector shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the City Council, and shall cause to be posted on the main entrance of the dwelling or dwelling unit 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 of a building so posted shall constitute a Class I misdemeanor. Each ordinance adopted under this section shall be recorded in the office of the County Register of Deeds, and shall be indexed in the name of the property owner in the grantor index.
(D) Demolition. If the owner fails to comply with an order to remove or demolish the dwelling issued pursuant to division (B)(2), and upon adoption by the City Council of an ordinance authorizing and directing him or her to do so, the Inspector shall proceed to cause such dwelling to be removed or demolished. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. This ordinance shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index.
(E) Abandonment of intent to repair. If the dwelling has been vacated and closed for a period of one year after the adoption of an ordinance pursuant to division (C) or after an officer issues an order or proceedings have commenced under the substandard housing regulations, then the City Council may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling. If the Council further finds that the continuation of the dwelling in its vacated and closed status would be harmful to the health, safety, and welfare of the city (i.e., the dwelling 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, and would render unavailable property and a dwelling that might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state), then the governing board may, after the expiration of a one year period, enact an ordinance and serve such ordinance on the owner, setting forth the following:
(1) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner either repair or demolish and remove the dwelling within 90 days.
(2) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days. This ordinance shall be recorded in the office of the register of deeds in the county wherein the property or properties are 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, the officer shall effectuate the purpose of the ordinance.
(F) Liens. The amounts incurred by the city or officer in connection with the removal or demolition are a lien against the real property upon which the cost was incurred and shall be placed in accordance with the standards of § 153.60.
(G) Civil action. If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the city to remove such occupant in accordance with the procedures outlined in G.S. § 160D-1203(8).
(H) Additional notices to affordable housing organizations. Whenever a determination is made pursuant to division (B) of this section that a dwelling must be vacated and closed, or removed or demolished, under the provisions of this section, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices.
(2009 Code, § 153.37) (Ord. passed 6-11-2002; Ord. 2021-Z-19, passed 6-22-2021)