§ 6-149. Procedure for enforcement.

(a)

Initiation of preliminary investigation. The inspector shall initiate a preliminary inspection of a dwelling unit or accessory building when a petition is filed by a public authority; or a letter of complaint is filed by the occupant or two residents; or whenever it appears to the inspector a basis of such investigation exists.

(b)

Notice of complaint. If the inspector's preliminary investigation discloses violation of the minimum standards of this article, he shall issue and cause to be served upon the owner of and parties in interest of the dwelling unit, a complaint stating the charges and containing a notice that a hearing will be held before the inspector at a place therein fixed, of less than ten nor more than 30 days after service of such complaint.

(c)

Hearing. 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 person signing a petition relating to such dwelling. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the inspector.

(d)

Owner initiated inspection. Whenever a written request is filed with the inspector by an owner or agent of a dwelling, the inspector shall inspect the dwelling to determine its fitness for human habitation and provide both the owner and the tenant a written report of the results of his inspection. When an owner or agent has caused a warrant to be issued for the arrest of any tenant during whose tenancy the dwelling becomes unfit for human habitation due to the tenant's willful conduct or culpable negligence, it shall be the duty of the inspector to assist and testify in the matter.

(e)

Procedure after hearing.

(1)

After such notice and hearing, the inspector shall in writing determine whether the dwelling or dwelling unit is unfit for human habitation due to deterioration or dilapidation. If the inspector determines that the dwelling or dwelling unit is unfit for human habitation he shall state in writing his findings of fact in support of such determination. In such case the inspector shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter and improve the dwelling or dwelling unit to comply with the minimum standards of fitness established by this article within a specified period of time, not to exceed 90 days. Such orders shall further state that if the owner does not make the necessary repairs to correct existing violations as specified in the order, the inspector will submit a request to the city council to adopt an ordinance ordering the inspector to require the owner to take one of the following actions:

a.

Vacate and close such building if the repair, alteration or improvement ordered would cost less than 50 percent of the present value of the building; or

b.

Demolish the building, if the repair, alteration or improvement order would cost an amount equal to or in excess of 50 percent of the present value of the building.

(2)

The inspector shall cause to be posted on the main entrance of the building for which an ordinance has been adopted by the city council ordering the owner to vacate and close or demolish such building 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 misdemeanor.

(3)

If within the time fixed by the inspector for repairing, alteration or improvement of such building the inspector finds there has been substantial compliance with the provisions of the order or that the owner has filed with the inspector a copy of a written contract with a contractor to make such repairs, alterations or improvements as ordered, the inspector may extend the time for compliance for an additional period not exceeding 60 days.

(4)

The inspector shall notify the water and sewer department that all buildings found unfit for human habitation and, when such buildings become vacant, utility service shall be discontinued until such time as there is compliance with the order.

(5)

Upon becoming vacant, any dwelling found unfit for human habitation shall be posted by the inspector as described in subsection (e)(2) of this section.

(6)

If the owner of any building which has been found unfit for human habitation shall fail to comply with an order of the inspector issued pursuant to this article, the inspector shall take one or more of the following actions as necessary:

a.

Secure the issuance of a warrant charging such owner with violation of this article;

b.

Vacate and close such building, provided that an ordinance ordering the inspector to effectuate this action has been approved by the city council; or

c.

Cause such building to be repaired, altered, improved or demolished, provided that an ordinance ordering the inspector to effectuate this action has been approved by the city council.

(7)

The amount of the cost of such repairs, alterations, improvements, vacating and closing or demolition by the inspector shall be a lien against the real property upon which such cost was incurred; such lien shall be filed, have the same priority and be collected or foreclosed upon in the same manner as is provided for assessments pursuant to G.S. 160A-216 et seq.

(8)

Failure on the part of any owner or party in interest to receive or have served upon him any complaint, notice or order provided in this section shall not affect or invalidate the proceedings with respect to any other owner or party in interest or any other person, firm or corporation.

(9)

The inspector is authorized to fix reasonable value of any building for the purpose of this section and such value shall be binding, unless the owner protests such value in writing to the inspector within ten days after receipt of an order.

(10)

An inspection fee as set from time to time by the city council shall be charged for any type of courtesy inspection requested for a certificate of compliance for the purpose of loan closings.

(Code 1952, ch. I, art. VII, § 9-6-111)