§ 22-63. Procedures for enforcement.

(a)

Preliminary investigation; notice; hearing.

(1)

Whenever a petition is filed with the code enforcement officer by a public authority or by at least five residents of the city, charging that any dwelling, dwelling unit, structure or abandoned structure is unfit for human habitation, or whenever it appears to the code enforcement officer, upon his own initiative or inspection, that any dwelling, dwelling unit, structure or abandoned structure is unfit for human habitation, he shall, if his preliminary investigation disclosed a basis for such charges, issue and cause to be served on the owner of and parties in interest in the dwelling, dwelling unit, structure or abandoned structure a complaint stating the charges and containing a notice that a hearing will be held before the code enforcement officer at a place therein fixed, not less than ten or more than 30 days after the serving of the complaint.

(2)

Exception: Every building, structure or abandoned structure which shall appear to the code enforcement officer to be especially dangerous to life because of its liability to fire or because of bad condition of walls, overloaded floors, defective construction, decay, unsafe wiring or heating system, inadequate means of egress, or other causes, shall be held to be unsafe, and the code enforcement officer shall affix a notice of the dangerous character of the structure to a conspicuous place on the exterior wall of such building, structure or abandoned structure. If the owner of a building, structure or abandoned structure that has been condemned as unsafe pursuant to G.S. 160A-426 shall fail to take prompt corrective action, the local code enforcement officer shall give him written notice, by certified or registered mail and by regular mail to his last known address or by personal service that:

a.

The building, structure or abandoned structure is in a condition that appears to constitute a fire or safety hazard or to be dangerous to life, health or other property.

b.

A hearing will be held before the code enforcement officer at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter.

c.

Following the hearing, the code enforcement officer may issue such order to repair, close, vacate or demolish the building, structure or abandoned structure as appears appropriate.

d.

If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be considered properly and adequately served if a copy is posted on the outside of the building, structure or abandoned structure in question at least ten days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the city at least once, not later than one week prior to the hearing.

(b)

Procedure after hearing.

(1)

After notice and hearing, the code enforcement officer shall state in writing his determination whether the dwelling, dwelling unit, structure or abandoned structure is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

(2)

If the code enforcement officer determines that the dwelling, dwelling unit, structure or abandoned structure is deteriorated, he shall state in writing his findings of fact in support of that determination, and shall issue and cause to be served on the owner thereof an order directing and requiring the owner to repair, alter and improve the dwelling, dwelling unit, structure or abandoned structure to comply with the minimum standards of fitness established by this article within a specified period of time, not to exceed 90 days. The order may also direct and require the owner to vacate and close the dwelling, dwelling unit, structure or abandoned structure until such repairs, alterations and improvements have been made.

(3)

If the code enforcement officer determines that the dwelling, dwelling unit, structure or abandoned structure is dilapidated, he shall state in writing his findings of fact to support the determination, and shall issue and cause to be served on the owner thereof an order directing and requiring the owner to either repair, alter and improve the dwelling, dwelling unit, structure or abandoned structure to comply with the minimum standards of fitness established by this article, or else vacate and remove or demolish it within a specified period of time not to exceed 90 days.

(Ord. No. 1998-44, § 152.32, 11-17-1998)