§ 22-7. Forms.

Latest version.

Sec. 1. COMPLAINT AND NOTICE OF HEARING BEFORE CODE ENFORCEMENT OFFICER UNDER HOUSING CODE.

TO: Owners and parties in interest in the dwelling (unit) located at ____________ in the City of Sanford, North Carolina.

YOU ARE HEREBY NOTIFIED that the dwelling (unit) located at the place designated above is in a condition that appears to be unfit for human habitation and to violate the City of Sanford Housing Code in the following ways:

(Specify the violation and the applicable Housing Code Section.)

Etc.

YOU ARE FURTHER NOTIFIED that a hearing will be held before the Code Enforcement Officer of the City of Sanford at his office in the City of Sanford Municipal Building at ____________ o'clock, ____________ .m. on the ____________ day of ____________ 19 ____________ (a time not less than ten nor more than 30 days after serving of the complaint) for the purpose of finding the facts as to whether or not the condition of such building falls within the scope of the above-mentioned sections of the Housing Code. At the hearing, you shall be entitled to offer such evidence which is relevant or material to the questions sought to be determined or the remedies to be effected.

YOU ARE FURTHER NOTIFIED that if, upon such hearing, the Code Enforcement Officer shall find that the conditions in the above-described dwelling (unit) do in fact violate the Housing Code, and do in fact render such dwelling (unit) unfit for human habitation, the Code Enforcement Officer will issue an order in writing directed to the owner of such dwelling (unit) requiring the owner to remedy these conditions by repairing the same or by vacating, demolishing or removing the same, or by taking such other steps as may be necessary to remedy these conditions. The Code Enforcement Officer may make such other orders and take such other procedures as are authorized under the Housing Code and the General Statutes of North Carolina.

Further information as to this matter may be obtained by contacting the undersigned.

This the ____________ day of ____________ , 19 ____________ .

_____
CODE ENFORCEMENT OFFICER

Sec. 2. AFFIDAVIT.

Note: If the whereabouts of an owner are unknown, or if known but attempts to serve by certified mail are returned, this affidavit form should be executed by the Code Enforcement Officer prior to publication in a newspaper. This form can be used in connection with publication of the complaint (section 1) or the findings of fact and order (section 4).

File No. ____________

STATE OF NORTH CAROLINA )
COUNTY OF _____ )	AFFIDAVIT
CITY OF SANFORD	SERVICE BY PUBLICATION
IN RE STRUCTURE LOCATED AT _____

(Name of Code Enforcement Officer), being first duly sworn, deposes and says:

I am the Code Enforcement Officer of the City of Sanford duly authorized to enforce the City of Sanford Housing Code against the above-entitled dwelling (unit); and

That [name of owner(s) of dwelling unit] (is) (are) the owner(s) of the above-entitled dwelling (unit); and

That, according to my information and belief of the Code Enforcement Officer, the whereabouts of the owner(s) are unknown and cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable diligence or are known but attempts to serve by certified mail are refused; and

That service of the (complaint) (findings of fact and order) must be made by publication in a newspaper having general circulation in the City of Sanford, as authorized by G.S. 160A-445.

_____
CODE ENFORCEMENT OFFICER

Sworn to and subscribed before me, this, the ____________ day of ____________ , 19 ____________ .

_____
NOTARY PUBLIC

My Commission Expires: _____

Sec. 3. PROOF OF SERVICE; COMPLAINT AND NOTICE OF HEARING.

Service of the attached Complaint and Notice was made on the ____________ day of ____________ , 19 ____________ , by:

Delivering a copy of Complaint and Notice to ____________ at ____________ .

Mailing a copy of Complaint and Notice by registered or certified mail to ____________ at ____________ .

The name or whereabouts of the owner were unknown and could not, after due diligence, be discovered, or are known but attempts to serve by certified mail are refused. This Notice and Complaint was served by publication after proper affidavit, as authorized by G.S. 160A-445 and by posting a copy thereof on the outside of dwelling (unit) located at ____________ on the date mentioned above (specify date of posting if different from above).

_____
DATE

_____
CODE ENFORCEMENT OFFICER

NOTE: If the complaint is served by registered or certified mail, keep the return receipt with this form. If the complaint is served by publication, keep the publisher's affidavit of publication with this form.

Sec. 4. FINDINGS OF FACT AND ORDER.

City of Sanford Code Enforcement Office
226 Carthage Street
Sanford, North Carolina 27330
(919) 775-8244

TO: Owners and parties in interest in the dwelling or building located at ____________ , in the City of Sanford, North Carolina. COMPLAINT# ____________ .

OWNER: _____ .

The undersigned Building Inspector/Code Enforcement Officer of the City of Sanford pursuant to law, conducted a hearing at the time and place stated in the Notice heretofore issued and served, or at a time to which said hearing was continued with previous notice to the above named owners and parties in interest or their agents or attorney. At said hearing the answer, if any, filed by the owners and parties in interest was read and considered, and the evidence, contentions, and views of the owners and parties in interest were carefully analyzed and considered by the undersigned. In addition to other evidence presented, the undersigned personally inspected the building above described and referred to, and such inspection and examination has been considered, along with the other evidence offered, at this hearing.

Upon the record and all of the evidence offered and contentions made the undersigned Building Inspector/Code Enforcement Officer does hereby find the following facts, namely:

The above named owners and parties in interest with respect to the building located at the place specified above were duly served as required by law with written Complaint and Notice of Hearing which set forth the complaint and charges that the said dwelling or building located at the above address is abandoned and uninhabited and is in such condition as appears to constitute a fire or safety hazard or dangerous to life, health, or other property, or to be a public nuisance, and the particulars thereof, and fixing a time and place for a hearing upon such complaint as provided by law; and at such hearing the following owners, persons in interest, or their agents or attorneys, were present and participated therein, to-wit:

That the building above described is in need of repair, alteration, or improvement and is unfit for human habitation, by reason of the conditions found to be present and to exist in and about said building.

THEREFORE, IT IS ORDERED:

That the owners of said building above named and designated by and (is/are) hereby ordered and required to abate the nuisance and remove the hazards herein found to exist by repairing said structure in accordance with City of Sanford Minimum Housing Ordinance or by demolishing and removing said building from the premises by a date not later than the _____
This is the ____________ day of ____________ , 19 ____________ .

_____
CODE ENFORCEMENT OFFICER

Sec. 5. PROOF OF SERVICE: FINDINGS OF FACT AND ORDER OF CODE ENFORCEMENT OFFICER.

Service of the attached Findings of Fact and Order was made on the ____________ day of ____________ , 19 ____________ , by:

Delivering a copy of Findings of Fact and Order to ____________ at ____________ .

Mailing a copy of Findings of Fact and Order by certified or registered mail to ____________ at ____________ .

The name or whereabouts of the owner were unknown and could not, after due diligence, be discovered. This Findings of Fact and Order was served by publication, after proper affidavit, as authorized by G.S. 160A-445, and by posting a copy thereof on the outside of the dwelling located at ____________ on the date mentioned above (specify date of posting, if different from above).

_____
DATE

_____
CODE ENFORCEMENT OFFICER

NOTE:

If the Findings of Fact and Order are served by certified or registered mail, keep the return receipt with this form. If the Findings of Fact and Order are served by publication, keep the publisher's affidavit of publication with this form.

If the whereabouts of the owner are unknown, publication should not be undertaken until the Code Enforcement Officer has executed an affidavit to that effect (see section 2).

Sec. 6. A RESOLUTION DIRECTING THE CITY OF SANFORD ATTORNEY TO PETITION THE SUPERIOR COURT FOR AN ORDER REQUIRING THE OWNER OF CERTAIN PROPERTY TO COMPLY WITH THE HOUSING CODE AND THE ORDER OF THE CODE ENFORCEMENT OFFICER ISSUED PURSUANT THERETO.

WHEREAS the City Council of the City of Sanford finds that the dwelling herein described is unfit for human habitation under the provisions of the City of Sanford Housing Code, and that all of the procedures of the City of Sanford Housing Code have been complied with; and

WHEREAS the owner of this dwelling has failed to comply with a lawful order of the Code Enforcement Officer to repair the same to meet the requirements of the City of Sanford Housing Code, or to demolish the same, within the time therein prescribed;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanford that the City of Sanford Attorney is hereby authorized and directed to proceed, as authorized by G.S. 160A-446(g), to petition the Superior Court of ____________ County for an order requiring the owner of the dwelling located at ____________ in the City of Sanford, North Carolina, to take such steps as may be necessary to comply fully with the order of the Code Enforcement Officer issued on the ____________ day of ____________ , 19 ____________ .

Adopted this ____________ day of ____________ , 19 ____________ .

_____
MAYOR

ATTEST:

_____
CLERK

APPROVED AS TO FORM.

_____ ,
City Attorney.

Sec. 7. AN ORDINANCE DIRECTING THE CODE ENFORCEMENT OFFICER TO REPAIR THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED UNTIL REPAIRED.

WHEREAS, the City Council of the City of Sanford finds that the dwelling described herein is unfit for human habitation under the City of Sanford Housing Code, and that all of the procedures of the City of Sanford Housing Code have been complied with; and

WHEREAS, this dwelling should be repaired to meet the requirements of the City of Sanford Housing Code, as directed by the Code Enforcement Officer, and should be placarded by placing thereon a notice prohibiting use for human habitation; and

WHEREAS, the owner of this dwelling has been given a reasonable opportunity to bring the dwelling up to the standards of the City of Sanford Housing Code in accordance with G.S. 160A-443 pursuant to an order issued by the Code Enforcement Officer on ____________ , and the owner has failed to comply with the order:

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sanford that:

Section 1. The Code Enforcement Officer is hereby authorized and directed to place a placard containing the legend:

"This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."

On the building located at the following address: _____
_____

Section 2. The Code Enforcement Officer is hereby authorized and directed to proceed to repair, alter or improve and (if necessary) to vacate and close the above described dwelling in accordance with the order to the owner thereof dated the ____________ day of ____________ , 19 ____________ , and in accordance with the City of Sanford Housing Code and G.S. 160A-443.

Section 3. The cost of repairs, alterations or improvements or of vacating and closing shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the Lee County Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in G.S. 160A-216 et seq. Upon completion of the required repairs, alterations or improvements, the Code Enforcement Officer shall certify the cost of same to the Lee County Tax Collector.

Section 4. It shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy of any building therein declared to be unfit for human habitation.

Section 5. This ordinance shall become effective upon its adoption.

Adopted this ____________ day of ____________ , 19 ____________ .

_____
MAYOR

ATTEST:

_____
CLERK

APPROVED AS TO FORM.

_____ ,
City Attorney.

NOTE: This ordinance must be recorded in the office of the register of deeds in the county where the property is located and must be indexed in the name of the property owner in the grantor index.

Sec. 8. AN ORDINANCE DIRECTING THE CODE ENFORCEMENT OFFICER TO REMOVE OR DEMOLISH THE PROPERTY HEREIN DESCRIBED AS UNFIT FOR HUMAN HABITATION AND DIRECTING THAT A NOTICE BE PLACED THEREON THAT THE SAME MAY NOT BE OCCUPIED.

WHEREAS, this dwelling should be removed or demolished, as directed by the Code Enforcement Officer, and should be placarded by placing thereon a notice prohibiting use for human habitation; and

WHEREAS, the owner of this dwelling has been given a reasonable opportunity to bring the dwelling up to the standards of the City of Sanford Housing Code in accordance with G.S. 160A-443 pursuant to an order issued by the Code Enforcement Officer on ;daterule;, and the owner has failed to comply with the order:

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sanford that:

Section 1. The Code Enforcement Officer is hereby authorized and directed to place a placard containing the legend:

"This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful."

On the building located at the following address: _____
_____

Section 2. The Code Enforcement Officer is hereby authorized and directed to proceed to remove or demolish the above-described dwelling in accordance with his order to the owner thereof dated the ____________ day of ____________ , 19 ____________ , and in accordance with the City of Sanford Housing Code and G.S. 160A-443.

Section 3. The cost of removal or demolition shall constitute a lien against the real property upon which the cost was incurred. The lien shall be filed in the office of the Lee County Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in G.S. 160A-216 et seq.

Section 4. Upon completion of the required removal or demolition, the Code Enforcement Officer shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition. The Code Enforcement Officer shall certify the remaining balance to the Lee County Tax Collector. If a surplus remains after sale of the materials and satisfaction of the cost of removal or demolition, the Code Enforcement Officer shall deposit the surplus in the Superior Court where it shall be secured and disbursed in the manner provided by G.S. 160A-446.

Section 5. This ordinance shall become effective upon its adoption.

Adopted this ____________ day of ____________ , 19 ____________ .

_____
MAYOR

ATTEST:

_____
CLERK

NOTE: This ordinance must be recorded in the office of the register of deeds in the county where the property is located and must be indexed in the name of the property owner in the grantor index.

APPROVED AS TO FORM.

_____ ,
City Attorney.

Sec. 9. NOTICE OF APPEAL.

STATE OF NORTH CAROLINA )
COUNTY OF _____ )	BEFORE THE HOUSING BOARD OF APPEALS ON DWELLINGS, BUILDINGS AND PROPERTY STANDARDS
CITY OF SANFORD
IN RE DWELLING LOCATED AT )
	NOTICE OF APPEAL
_____ )

To the Housing Board of Appeals on Dwellings, Buildings and Property Standards and the Code Enforcement Officer of the City of Sanford.

Take notice that the undersigned appeals to the Housing Board of Appeals on Dwellings, Buildings, and Property Standards of the City of Sanford from the order of the Code Enforcement Officer, dated the ____________ day of ____________ , 19 ____________ , relating to the dwelling located at _____ .

This appeal is taken for the following reasons:

_____
_____
_____
_____

This the ____________ day of ____________ , 19 ____________ .

_____
APPELLANT

Filed with the Code Enforcement Officer _____

_____
CODE ENFORCEMENT OFFICER

Filed with the Housing Board of Appeals on Dwellings, Buildings and Property Standards _____

_____
CLERK

APPROVED AS TO FORM.

_____ ,
City Attorney.

Sec. 10. NOTICE OF HEARING OF THE HOUSING BOARD OF APPEALS ON DWELLINGS, BUILDINGS AND PROPERTY STANDARDS ON APPEAL FROM ORDER OF CODE ENFORCEMENT OFFICER.

STATE OF NORTH CAROLINA
COUNTY OF LEE
CITY OF SANFORD

NOTICE OF APPEAL BEFORE THE BOARD OF APPEALS ON DWELLINGS, BUILDINGS AND PROPERTY STANDARDS

_____

Pursuant to Section 152.04 [22-4] of City of Sanford Code of Ordinances, an owner or party in interest may appeal to the Board of Appeals on Dwellings, Buildings and Property Standards concerning any of the following orders:

•

Noncompliance of abatement issued by the Code Enforcement Officer upon findings that housing is unfit for human habitation; and

•

Noncompliance of any order alleged to constitute a public nuisance; or that the true intent and meaning or requirements of the Sanford Code of Ordinances have been wrongly interpreted.

IN REFERENCE OF PROPERTY LOCATED AT: _____

To the Board of Appeals on Dwellings, Buildings and Property Standards of the City of Sanford:

Take notice that the undersigned appeals to the Board of Appeals on Dwellings, Buildings and Property Standards of the City of Sanford from the Order of the Community Development Department, dated the day of ____________ , 19 ____________ , relating to the above-referenced property.

This appeal is taken for the following reasons:

_____
_____
_____
_____

This the ____________ day of ____________ , 19 ____________ .

DATE TO APPEAR BEFORE HOUSING BOARD OF APPEALS ON DWELLINGS, BUILDINGS AND PROPERTY STANDARDS: ;daterule;

LOCATION: Sanford Municipal Center TIME: _____
_____

_____
APPELLANT

_____
CLERK

_____
DATE

APPROVED AS TO FORM.

_____ ,
City Attorney.

Sec. 11. AFFIDAVIT.

NOTE: If the whereabouts of an owner are unknown, this affidavit form should be executed by the Clerk to the Housing Board of Appeals on Dwellings, Buildings and Property Standards prior to publication in a newspaper. This form can be used in connection with publication of the notice of hearing (section 10) or an order of the Board of Appeals on Dwellings, Buildings and Property Standards (section 13).

File No. ____________

STATE OF NORTH CAROLINA )
COUNTY OF _____ )	AFFIDAVIT
CITY OF SANFORD	SERVICE BY PUBLICATION
IN RE DWELLING LOCATED AT )
_____ )

(Name of Clerk to Housing Board of Appeals on Dwellings, Buildings and Property Standards), being first duly sworn, deposes and says:

I am the Clerk of the City of Sanford Board of Appeals on Dwellings, Buildings and Property Standards, the body which is authorized to hear appeals arising under the City of Sanford Housing Code; and

That [name of owner(s) of dwelling unit] (is) (are) the owner(s) of the above-entitled dwelling (unit); and

That, according to my information and belief of the Clerk, the whereabouts of the owner(s) are unknown and cannot be ascertained by the Clerk in the exercise of reasonable diligence, or are known but attempts to serve by certified mail are refused; and

That service of the (notice of hearing) (order) of the Housing Board of Appeals on Dwellings, Buildings and Property Standards must be made by publication in a newspaper having general circulation in the City of Sanford, as authorized by G.S. 160A-445 and by posting a copy thereof on the outside of the dwelling at the location stated above.

_____
CLERK

Sworn to and subscribed before me, this, the ____________ day of ____________ , 19 ____________ .

_____
NOTARY PUBLIC

My Commission Expires: _____

Sec. 12. PROOF OF SERVICE; NOTICE OF HEARING OF THE HOUSING BOARD OF APPEALS ON DWELLINGS, BUILDINGS AND PROPERTY STANDARDS.

Service of the attached Notice was made on the ____________ day of ____________ , 19 ____________ , by:

Delivering a copy of the Notice to _____
_____

Mailing a copy of Notice by registered or certified mail to _____
_____

The name or whereabouts of the owner cannot, after due diligence, be discovered, and this Notice was served by publication, after proper affidavit, as authorized by G.S. 160A-445 and by posting a copy thereof on the outside of the dwelling at the above-stated location on the above-mentioned date (specify date if different from above).

_____
CLERK

NOTE: If the notice of hearing is served by certified or registered mail, keep the return receipt with this form. If the notice of hearing is served by publication, keep the publisher's affidavit of publication with this form.

Sec. 13. ORDER.

STATE OF NORTH CAROLINA )
COUNTY OF _____ )	BEFORE THE HOUSING BOARD OF APPEALS ON DWELLINGS, BUILDINGS AND PROPERTY STANDARDS
CITY OF SANFORD
IN RE DWELLING LOCATED AT )	ORDER
_____ )

The appeal in the above-entitled matter having been heard after due notice, the Housing Board of Appeals on Dwellings, Buildings and Property Standards in its discretion finds, and it is hereby ordered, that the Findings of Fact and Order of the Code Enforcement Officer dated the ____________ day of ;daterule;, 19 ____________ , are (affirmed) (reversed) (modified) in the following respects: _____
_____
_____ ,

for the following reasons:

_____
_____
_____

This the ____________ day of ____________ , 19 ____________ .

_____
CHAIRMAN
HOUSING BOARD OF APPEALS
ON DWELLINGS, BUILDINGS
AND PROPERTY STANDARDS

_____
CLERK

APPROVED AS TO FORM.

_____ ,
City Attorney.

Sec. 14. PROOF OF SERVICE; ORDER OF HOUSING APPEALS BOARD ON DWELLINGS, BUILDINGS AND PROPERTY STANDARDS.

Service of the attached Order was made on the ____________ day of ____________ , 19 ____________ , by:

Delivering a copy of the Order to _____
_____

Mailing a copy of the Order by certified or registered mail to
_____
_____

The name or whereabouts of the owner cannot, after due diligence, be discovered, and this Order was served by publication, after proper affidavit, as authorized by G.S. 160A-445 and by posting a copy thereof on the outside of the dwelling at the above-stated location on the above-mentioned date.

_____
CLERK

NOTE:

If the notice of hearing is served by certified or registered mail, keep the return receipt with this form. If the notice of hearing is served by publication, keep the publisher's affidavit of publication with this form.

If the whereabouts of the owner are unknown, publication should not be undertaken until the Code Enforcement Officer has executed an affidavit to that effect (see section 11).

                    
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