§ 38-64. Enforcement.

(a)

Dwellings unfit for human habitation; hearing.

(1)

Whenever a petition is filed with the code enforcement officer by a public authority or by at least five residents of the town charging that any dwelling is unfit for human habitation, or whenever it appears to the code enforcement officer (on his own motion) that any dwelling is unfit for human habitation, the code enforcement officer shall, if his preliminary investigation discloses a basis for the charges, issue and cause to be served upon the owner of and the parties in interest in the dwellings a complaint stating the charges in that respect and containing a notice that a hearing will be held before the code enforcement officer (or his designated agent) at a place within the municipal limits fixed not less than ten days nor more than 30 days after the serving of the complaint.

(2)

The owner and parties 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.

(3)

The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the code enforcement officer.

(b)

Order to repair or vacate dwellings. If, after notice and hearing, the code enforcement officer determines that the dwelling under consideration is unfit for human habitation, he shall state in writing his findings of fact in support of that determination and shall issue and cause to be served upon the owner thereof an order:

(1)

If the repair, alteration or improvement of the structure can be made at a cost not exceeding 50 percent of the value of the dwelling, as determined by the code enforcement officer, then the owner, within a prescribed period of time, not to exceed 90 days, shall be required to repair, alter or improve the structure in order to render it fit for human habitation or to vacate and close the structure as a dwelling for human habitation; or

(2)

If the repair, alteration or improvement of the dwelling cannot be made at a cost of 50 percent or less of the value of the dwelling, as determined by the code enforcement officer, then the owner, within a specified period of time, not to exceed 90 days, shall remove or demolish the dwelling. However, notwithstanding any 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 may require that the dwelling be vacated and closed consistent with G.S. 160A-400.14(a).

(c)

Failure to comply with code enforcement officer's order.

(1)

If the owner fails to comply with the code enforcement officer's order to repair, alter or improve or to vacate and close the dwelling, the code enforcement officer may cause the dwelling to be repaired, altered or improved or to be vacated and closed; provided, however, that the code enforcement officer shall have caused 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 of or occupation of this building for human habitation is prohibited and unlawful." The duties of the public officer set forth in this provision shall not be exercised until the Board of Commissioners shall have by ordinance ordered the public officer to proceed to effectuate the purpose of this provision with respect to the particular property which the public officer shall have found to be unfit for human habitation and which property shall be described in the ordinance. Said ordinance shall be recorded in the office of the register of deeds in the county wherein the property is located and shall be indexed in the name of the property owner in the grantor index.

(2)

Occupation of a building so posted shall constitute a misdemeanor punishable in accordance with the provisions of G.S. 14-4.

(3)

If the owner fails to comply with an order to remove or demolish the dwelling, the code enforcement officer may cause the dwelling to be removed or demolished; provided, however, that, prior to the code enforcement officer proceeding to cause the dwelling to be repaired, altered or improved or to be vacated and closed in accordance with the foregoing, the Board of Commissioners shall have ordered, by ordinance duly adopted, that the code enforcement officer proceed to effectuate the purpose of this chapter with respect to the particular property which the code enforcement officer shall have found to be unfit for human habitation and which property shall be described therein; and provided, further, that no ordinance shall be adopted to require demolition of the dwelling until the owner has first been given a reasonable opportunity to bring it in conformity with the minimum standards provided for hereunder.

(4)

The ordinance shall then 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)

Liens; selling of materials of real property.

(1)

The amount of the cost of repairs, alterations or improvements, or vacating and closing, or removal or demolition by the code enforcement officer 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 G.S. 143-139.

(2)

If the dwelling is removed or demolished by the code enforcement officer, he shall sell the materials of the dwelling and 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 office of the county clerk of superior court by the inspector, shall be secured in a manner directed by the county clerk of superior court, and shall be dispersed by the court to the persons found to be entitled thereto by final order or decree of a court of competent jurisdiction.

(3)

Nothing herein 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.

(e)

Vacating a dwelling.

(1)

If any occupant fails to comply with an order to vacate a dwelling, the code enforcement officer may file a civil action in the name of the town to remove the occupant.

(2)

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 the dwelling.

(3)

Summons and complaint.

a.

The county clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a time, date and place certain not to exceed ten days from the issuance of the summons to answer the complaint.

b.

The summons and complaint shall be served as provided in G.S. 42-29.

c.

The summons shall be returned according to its tenure, and if on its return it appears to have been duly served, and if at the hearing the code enforcement officer produces a certified copy of an ordinance adopted by the Board of Commissioners pursuant to subsection (c) of this section authorizing the code enforcement 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.

(4)

An 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 chapter unless the occupant was served with notice at least 30 days before the filing of the summary ejectment proceeding that the Board of Commissioners has ordered the code enforcement officer to proceed to exercise his duties to vacate and close or remove and demolish the dwelling.

(Code 2015, § 153.41; Ord. of 3-28-1988; Ord. of 4-12-1990)