Sec. 9-23. - Preliminary investigation; notice; hearing.
Sec. 9-24. - Procedure after hearing.
Sec. 9-25. - Failure to comply with order.
Sec. 9-26. - Notice of potential removal or demolition.
Sec. 9-28. - Appeals to board of adjustment.
Sec. 9-29. - Hearings before board of adjustment.
Sec. 9-30. - Review of proceedings of board of adjustment.
Sec. 9-32. - Methods of service of complaints or orders.
Sec. 9-34. - Costs a lien on premises.
Sec. 9-35. - Alternative remedies.
Sec. 9-36. - Action to vacate.
Sec. 9-37. - Violations; penalty.
Sec. 9-23. - Preliminary investigation; notice; hearing.
(a)
Whenever a petition is filed with the inspector by a public authority or by at least five (5) 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 therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of said complaint. 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. 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. The rules of evidence prevailing in the courts of law or equity shall not be controlling in hearings before the inspector.
(b)
The owner and parties in interest shall also have the right to file with the inspector a written statement in a form acceptable to the town agreeing that the housing referred to in the complaint is unfit for human habitation, that the same should be demolished, agreeing that the town may have said housing demolished, and agreeing that the cost of demolition shall be a lien in the nature of special assessment upon the property. In such cases, the inspector may proceed with the demolition without complying with the additional provisions of this division.
(Ord. of 9-18-68, § 15; Ord. No. 2002-02-25/O-1)
Sec. 9-24. - Procedure after hearing.
(a)
After notice and hearing pursuant to this division, 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.
(b)
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 to repair, alter, and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter within a specified period of time, not to exceed ninety (90) days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made.
(c)
Upon application by the owner within the specified time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.
(d)
If the inspector determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to vacate and close the dwelling, and to remove or demolish the same within a specified time, not to exceed ninety (90) days unless the owner elects to proceed under the provisions set forth below, or unless an application for an extension of up to ninety (90) days is applied for by the owner and granted by the code enforcement official for good cause shown.
(e)
Notwithstanding any other provision of law, if the condition of the dwelling would require removal or demolition under subsection (2) and the dwelling is located in a historic district of the town and the historic district commission determines, after a public hearing as provided by the 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 may require that the dwelling be vacated and closed consistent with N.C.G.S. 160A-400.14(a).
(f)
Within ten (10) days from the date of the order determining that the building is dilapidated, the owner may notify the code enforcement official in writing of his intent to make such repairs or alterations to said dwelling so as to comply with the minimum standards of fitness. Upon receipt of an owner's written intent to repair said dwelling, within the time provided herein, the inspector shall issue a supplemental order directing the owner to commence and complete the repairs or alterations necessary to comply with the minimum standards of fitness. The code inspector shall allow a reasonable period of time for the owner to make such repairs or alterations, but in no event shall the period of time allow for such repairs or alterations be less than thirty (30) days nor more than ninety (90) days unless an extension of up to ninety (90) days is granted by the code enforcement official for good cause shown. Upon application by the owner within the specified period of time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.
(Ord. of 9-18-68, § 15; Ord. No. 2002-02-25/O-1)
The inspector is hereby authorized to fix the reasonable value of any housing for the purpose of this division and such value shall be binding, unless the owner protests such value in writing to the inspector within ten (10) days after receipt of an order. Upon such protests, the administrator shall nominate one (1) competent and disinterested person; the protesting party shall nominate one (1) competent and disinterested person; and the two (2) persons so nominated shall nominate a third competent and disinterested person; and the three (3) persons so nominated shall serve as commissioners of appraisal. The said commissioners shall make their appraisal of the value of the housing under consideration, shall return the appraisal to the inspector and the protesting party within ten (10) days after their appointment, and said appraisal shall be binding and conclusive for the purpose of this section. The costs of any such appraisal shall be paid by the protesting party to the inspector at the time of filing the written protest.
(Ord. No. 2002-02-25/O-1)
Sec. 9-25. - 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 cause the dwelling to be repaired, altered or improved or to be vacated and closed; that the public officer may 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."
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. The duties of the inspector set forth in subsections (a) and (b) shall not be exercised until the Town Council shall have by ordinance ordered the inspector to proceed to effectuate the purpose of this article 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 the demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code as allowed by this division. 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.
(Ord. of 9-18-68, § 15; Ord. No. 2002-02-25/O-1)
Sec. 9-26. - Notice of potential removal or demolition.
Whenever a determination is made pursuant to this chapter that a dwelling must be vacated and closed, or removed or demolished, notice of the Order so directing 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. A minimum period of forty-five (45) days from the mailing of such notice shall be given before removal or demolition by action of the Inspector in order to allow such organization (s) to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The person mailing such notice shall certify the mailing and the certification shall be conclusive in the absence of fraud.
(Ord. No. 2002-02-25/O-1)
Editor's note—
Ord. No. O-76-57, § 1, enacted Dec. 13, 1976, repealed §§ 9-26, 9-27, relative to the housing appeals board. Said sections were derived from Ord. of Feb. 9, 1970 and Ord. No. O-73-1, § 5, adopted Jan. 15, 1973.
Sec. 9-28. - Appeals to board of adjustment.
(a)
An appeal from any decision or order of the inspector, the public officer referred to herein, or from any inspector delegated with the authority to inspect for compliance with minimum housing standards within the town, or within the redevelopment area of the town, may be taken by any person aggrieved thereby, or by any officer, board, or commission of the municipality to the board of adjustment, whether such appeal is based upon the requirements of this chapter or any supplemental requirements for housing standards contained in the redevelopment plan.
(b)
An appeal from the public officer shall be taken within ten (10) days from the rendering of the decision of service of the order, and shall be taken by filing with the inspector and with the board of adjustment, a notice of appeal, which shall specify the grounds upon which the appeal is based. All written orders from which an appeal may be taken, issued pursuant to the terms of this chapter, shall contain a statement thereon that an appeal therefrom may be taken to the board of adjustment. Forms for use in giving notice of appeal shall be available in the offices of the inspector.
(c)
Upon 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 decision or order appealed from was made.
(d)
When an 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.
(e)
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 of adjustment, unless the inspector certifies to the board of adjustment after the notice of appeal is filed with him, that by reason of the fact stated in the certificate (a copy of which shall be furnished by the appellant) a suspension of his requirement would cause imminent peril to life or property. In that case the requirements shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one (1) day's written notice to the inspector, by the board of adjustment, or by a court of record upon petition made pursuant to section 9-30
(Ord. of 2-9-70; Ord. No. O-76-57, § 2, 12-13-76; Ord. No. 2002-02-25/O-1)
Sec. 9-29. - Hearings before board of adjustment.
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 of adjustment may reverse or affirm wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion ought to be made in the matter, and to the end that it shall have all the powers of the public officer, but the concurring vote of four-fifths (4/5) or eight (8) members of the board of adjustment shall be necessary to reverse or modify any decision or order of the public officer or inspector. The board of adjustment shall also have the power 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 chapter, to adapt the application of the chapter to the necessities of the case, to the end that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done. The board of adjustment shall make written findings of fact based upon the evidence before it, and shall state in writing the reason or reasons for its decision.
(Ord. of 2-9-70; Ord. No. O-76-55, § 3, 12-13-76; Ord. No. 2002-02-25/O-1)
Sec. 9-30. - Review of proceedings of board of adjustment.
Every decision of the board of adjustment shall be subject to review by proceedings in the nature of certiorari as provided by N.C.G.S. 160A-446(e), and may be stayed as provided by N.C.G.S. 160A-446(f).
(Ord. of 2-9-70; Ord. No. O-76-57, § 4, 12-13-76; Ord. No. 2002-02-25/O-1)
In case any dwelling is erected, constructed, altered, repaired, converted, maintained, or used in violation of this chapter or of any ordinance or code adopted under authority of this chapter or any valid order or decision of the inspector or board of adjustment made pursuant to this chapter, the inspector or board of adjustment may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration or use, to restrain, correct or abate such violation, to prevent the occupancy of the dwelling, or to prevent any continued violation of this chapter about the premises of the dwelling.
(Ord. of 2-9-70, § 1; Ord. No. O-76-57, § 5, 12-13-76; Ord. No. 2002-02-25/O-1)
Sec. 9-32. - Methods of service of complaints or orders.
Service of complaints and orders shall be made in the manner required by N.C.G.S. 160a-445 and shall be deemed sufficient when one of the methods allowed by that statute has been followed.
(Ord. of 9-18-68, § 16; Ord. No. 2002-02-25/O-1)
Editor's note—
Ord. No. 2002-02-25/O-1, adopted Feb. 25, 2002, deleted § 9-33 in its entirety. Former § 9-33 pertained to in rem action by inspector, placarding and derived from an ordinance of 9-18-68, § 17
Sec. 9-34. - Costs a lien on premises.
The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the inspector shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as the lien for special assessment provided in Article 10 of Chapter 160A of the N.C. General Statutes. If the dwelling is removed or demolished by the inspector, he shall sell the materials of the dwelling, or any personal property, fixtures or appurtenances found in or attached to the dwelling, 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 inspector, 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.
(Ord. of 9-18-68, § 18; Ord. No. 2002-02-25/O-1)
Sec. 9-35. - Alternative remedies.
Nothing in this section shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
(Ord. of 9-18-68, § 19; Ord. No. 2002-02-25/O-1)
Sec. 9-36. - Action to vacate.
If any occupant fails to comply with an order to vacate a dwelling, the inspector may file a civil action in the name of the town to remove such occupant. The action to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced by filing a complaint naming as parties-defendant any person occupying such dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time, date and place not to exceed ten (10) days from the issuance of the summons to answer the complaint. The summons and complaint shall be served as provided by N.C.G.S. 42-29. The summons shall be returned according to its tenor and if on its return it appears to have been duly served, and if at the hearing the public officer produces a certified copy of an ordinance adopted by the town council pursuant to section 9-25 authorizing the officer to proceed to vacate the occupied dwelling, the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed. The judgment ordering the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under N.C.G.S. 42-30. An appeal from any judgment entered hereunder by the magistrate may be taken as provided in N.C.G.S. 7A-228, and the execution of such judgment may be stayed as provided in N.C.G.S. 7A-227. Any action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least thirty (30) days before the filing of the summary ejectment proceeding that the town council has ordered the inspector to proceed to exercise his duties to vacate and close or remove and demolish the dwelling.
(Ord. No. 2002-02-25/O-1)
Sec. 9-37. - Violations; penalty.
(a)
It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect, or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the inspector duly made and served as herein provided, within the time specified in such order, and each day that such failure, neglect, or refusal to comply with such order continues and shall constitute a separate and distinct offense. It shall be unlawful for the owner of any dwelling unit, with respect to which an order has been issued pursuant to this article, to occupy or permit the occupancy of same after the time prescribed in such order for its repair, alteration, or improvement or its vacation and closing, and each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.
The violation of any provision of this chapter shall constitute a misdemeanor, as provided by N.C.G.S. 14-4 and shall subject the violator to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.
(b)
The violation of any provision of this chapter shall also subject the offender to a civil penalty of fifty dollars ($50.00)for the first offense within a thirty-six-month period.
(c)
The violation of any provision of this chapter shall also subject the repeat offender to a civil penalty of one hundred dollars ($100.00)for any second additional offense within a thirty-six-month period.
(d)
The violation of any provision of this chapter shall also subject the repeat offender to a civil penalty of two hundred and fifty dollars ($250.00) for any third additional offense within a thirty-six-month period.
(e)
Each day that any violation continues shall constitute a separate violation and a separate offense for the purposes of imposition of penalties. In addition to using any one, all, or any combination of the foregoing penalties and other remedies provided, the town manger may institute and appropriate action or proceedings to prevent, restrain, correct, or abate a violation of this chapter.
(Ord. of 9-18-68, § 21; Ord. No. 92-4-13/O-4, § 7; Ord. No. 2002-02-25/O-1; Ord. No. 2002-04-08/O-3, § 6; Ord. No. 2008-02-25/O-1, § 1)
Editor's note—
Ord. No. 2002-04-08/O-3, adopted Jan. 1, 2003, supplied provisions that sunset on June 30, 2005, unless further action is taken to retain said provisions. Therefore, since no further action was taken to retain the information, at the direction of the city, said provisions have been removed from this Code.