(A) Preliminary investigation; notice; hearing; notice of lis pendens. Whenever a petition is filed with the inspector by a public authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the inspector (on his own motion) that any dwelling or dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or dwelling unit a complaint stating the charges in that respect and containing a notice that a hearing will be held before the inspector (or his designated agent) at a place within the county in which the property is located not less than ten days nor more than 30 days after the serving of said complaint; and that 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 time and place fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the inspector. Notice of such hearing shall also be given to at least one of the persons signing a petition relating to such dwelling. Upon the issuance of a complaint and notice of hearing, the Town Manager or his/her designee mav cause a notice of lis pendens to be filed with the office of the Clerk of Superior Court of New Hanover Countv: affixed thereto shall be a copy of the complaint and notice of hearing. At that time, the code enforcement officer shall serve the property owners, and any other interested parties, with a copy of the notice of lis pendens, along with the attached complaint and notice of hearing. Upon compliance with any order issued based on the findings of the complaint and formal hearing, the Town Manager or his/her designee mv cause a notice of cancelation of the lis pendens to be filed with the office of the Clerk of Superior Court of New Hanover County.
(B) Procedure after hearing. After such notice and hearing, the Inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.
(1) If the inspector determines that the dwelling or dwelling unit is deteriorated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner within the time specified in the order to repair, alter or improve the dwelling or dwelling unit to comply with the minimum standards established by this subchapter. 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, taking into account:
(a) The nature of the necessary repairs, alterations, or improvements;
(b) The current state of the property; and
(c) 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 subsection (D) of this section.
(2) If the inspector determines that the dwelling or dwelling unit is dilapidated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order requiring the owner, within the time specified in the order, to remove or demolish such dwelling. However, notwithstanding anv other provision of law, if the dwelling is located in a historic district of the town and the historic district commission determines, after a public hearing as provided by ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order mav require that the dwelling be vacated and closed consistent with G.S. 160D-949. Upon completion of required improvements, a new certificate of occupancy must be issued prior to the subsequent leasing or sale of the dwelling to a third party.
(C) Failure to comply with order. If the owner fails to comply with an order to repair, alter or improve or to vacate and close the dwelling, the inspector may:
(1) Cause to be posted on the main entrance of any dwelling so closed, 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. The duties of the inspector set forth in this subsection shall not be exercised until the Town Council shall have by ordinance ordered the inspector to proceed to effectuate the purpose of this subchapter with respect to the particular property or properties which the inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the propertv owner in the grantor index. If the owner fails to comply with an order to remove or demolish the dwelling, the inspector may cause such dwelling to be removed or demolished.
(2) The duties of the inspector set forth in this subsection shall not be exercised until the town council shall have by ordinance ordered the inspector to proceed to effectuate the purpose of this subchapter with respect to the particular property or properties which the inspector shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. 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. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index.
(D) Failure to repair, alter or improve. If the town council shall have adopted an ordinance as provided in subsection (C) of this section, or the inspector shall have issued an order, ordering a dwelling to be repaired or vacated and closed, as provided in subdivision (C)(1) of this section, and if the dwelling has been vacated and closed for a period of one vear pursuant to the ordinance or order, then if the town 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 dwelling in its vacated and closed status would be inimical to the health, safety, morals and welfare of the municipality in that 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 which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this state, then in such circumstances, the town council may, after the expiration of such 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; or
(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. Such ordinance shall be recorded in the office of the register of deeds of the county and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this article, the inspector shall effectuate the purpose of the ordinance.
(3) Appeals from orders of inspector. An appeal from any decision or order of the inspector may be taken by any person aggrieved thereby or by any officer, board or commission of the town. Any appeal from the inspector shall be taken within ten days from the rendering of the decision or service ofthe order, and shall be taken by filing with the inspector and with the town board of adjustment, hereinafter referred to as "board," a written notice of appeal which shall specify in detail the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the inspector shall forthwith transmit to the board all the paper constituting the record upon which the decision appealed from was made. When appeal is from a decision of the inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed. When any appeal is from a decision of the inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the board, unless the inspector certifies to the board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his requirement would cause imminent peril to life or property, in which 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 inspector, by the board, or by a court of record upon petition made pursuant to G.S. § 160D-1208 and subsection (F) of this section.
(E) The board 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 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 the powers of the inspector, but the concurring vote of four-fifths of the members of the board shall be necessary to reverse or modify any decision or order of the inspector. The board shall have power also in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of 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.
(F) Decision subject to review. Every decision of the board shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the board, but not otherwise, as provided in G.S. § 160D-1208. In addition, any person aggrieved bv an order issued by the inspector or a decision rendered by the board shall also have the right, within 30 days after issuance of the order or rendering ofthe decision, to petition the superior court for a temporary injunction restraining the inspector pending a final disposition ofthe cause, as provided bv G.S. 160D-1208.
(Ord., passed 1-22-77 ; Am. Ord. 1845, passed 6-22-23)