(A) Complaint and hearing. If the preliminary investigation of a nonresidential structure discloses evidence of conditions set forth in § 151.06, the Enforcement Officer shall issue and cause to be served upon the owner and parties in interest in the structure a complaint. The complaint shall state the charges and contain a notice that a hearing will be held before the Enforcement Officer at a place within the county scheduled not less than ten days nor more than 30 days after the serving of the complaint; that the owner and parties in interest shall be given 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 rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Enforcement Officer.
(B) Notice of lis pendens. Upon mailing or otherwise serving the complaint and notice of hearing pursuant to division (A) above, and within a reasonable time thereafter, the Enforcement Officer shall file with the office of the Clerk of Superior Court for the county a notice of lis pendens in the manner and form provided for in G.S. § 1-116. Such notice shall be served on the owners and parties in interest in the nonresidential structure in the same manner as the complaint and notice of hearing. Upon a finding by the Enforcement Officer, after a hearing pursuant to division (A) above, that the structure is not in violation of this chapter, or upon certification after inspection that the structure has been repaired or demolished in accordance with an order issued pursuant to § 151.10, the Enforcement Officer shall cause the notice of lis pendens filed pursuant to this section to be cancelled of record.
(Ord. passed 7-20-2010)