<div class="chunk-title">Sec. 10-164. - Enforcement.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Issuance of complaint.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Whenever a petition or complaint is filed with the enforcement officer by a public
               authority charging that any dwelling is unfit for human habitation or whenever it
               appears to the public officer (on his own motion) that any dwelling is unfit for human
               habitation, the enforcement officer shall, if his preliminary investigation discloses
               a basis for such charges, issue and cause to be served upon the owner of and parties
               of interest in such dwellings a complaint stating the charges of violations of this
               article, listing the article deficiencies, and containing a notice that a hearing
               will be held before the director at a place within the county at a time fixed not
               less than ten days nor more than 30 days after the serving of said complaint. The
               notice shall also notify the owner and parties of interest that they 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; and that the rules of evidence
               prevailing in courts of law or equity shall not be controlling in hearings before
               the director. All complaints and notices of hearing issued by the enforcement officer
               shall be filed in a notice of lis pendens in the office of the clerk of superior court
               for the county.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Provided, however, the enforcement officer may, prior to the issuance of a complaint,
               serve the property owner or property owners' agent with a violation notice giving
               the property owner up to 90 days to correct the violation(s).
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Findings of fact and order.</span> If, after such notice and hearing, the director determines that the dwelling under
               consideration is unsafe or unfit for human habitation, according to the standards
               of this article, 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.
               All orders issued by the director shall be filed in a notice of lis pendens in the
               office of the clerk of superior court of the county.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Deteriorated.</span> If the dwelling is found to be deteriorated as defined in this article, the enforcement
               officer shall require the owner to repair, alter, or improve such dwelling so as to
               bring it into compliance with this article within a period not to exceed 120 days
               of the service of the order upon the owner. Such order may also direct and require
               the owner to vacate and close the dwelling as a human habitation. Where the enforcement
               officer finds that their is imminent danger to life or other property, he may order
               that corrective action to be taken in such lesser period as may be necessary.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Dilapidated.</span> If the dwelling is found to be dilapidated as defined in this article, the enforcement
               officer may require the owner to remove or demolish such dwelling within a period
               not to exceed 90 days of the service of the order. Where the enforcement officer finds
               that there is imminent danger to life or other property, he may order that corrective
               action be taken in such lesser period as may be necessary. Such order will not bar
               the owners from making such repairs as are necessary to bring the dwelling into compliance
               with this article within the corrective action period imposed by such order.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Demolition of dwellings.</span> If the enforcement officer has issued an order, ordering a dwelling to be repaired
               or vacated and closed, as provided in<a href="" data-chunk-id="COOR_CH10BUBURE_ARTVREHOOR_S10-164EN" class="section-link" data-product-id="12776"> section 10-164</a>(b)(1), and if the owner has vacated and closed such dwelling and kept such dwelling
               vacated and closed for a period of one year pursuant to the order, then if the director
               shall find that the owner has abandoned the intent and purpose to repair, alter or
               improve the dwelling in order to render it fit for human habitation and that the continuation
               of the dwelling in its vacated and closed status would be inimical to the health,
               safety, morals and welfare of the county in that the dwelling would continue to deteriorate,
               would create a fire and safety hazard, would be a threat to children and vagrants,
               would attract persons intent on criminal activities, would cause or contribute to
               blight and deterioration of property values in the area, and would render unavailable
               property and a dwelling which might otherwise have been made available to ease the
               persistent shortage of decent and affordable housing in this state, then in such circumstances,
               the director may, after the expiration of such one year period, enter and serve on
               the owner an order setting forth the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               That the repair of the dwelling to render it fit for human habitation can be made
               at a cost not exceeding 50 percent of then current value of the dwelling, the order
               shall require that the owner either repair or demolish and remove the dwelling within
               90 days; or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               That the repair of the dwelling to render it fit for human habitation cannot be made
               at a cost not exceeding 50 percent of the then current value of the dwelling, the
               order shall require the owner to demolish and remove the dwelling with 90 days.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               That the order shall be recorded in the office of the register of deeds for the county
               and indexed in the name of the property owner in the grantor index. That failure to
               comply with the order shall authorize the director to effectuate the purpose of the
               order.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Historic district.</span> Notwithstanding any other provision of law, if the dwelling is located in a historic
               district of the county 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-400.1 and 160A-400.2.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Action upon failure to comply with order.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               If the owner of a dwelling fails to comply with an order to repair, alter or improve
               or vacate and close the dwelling, the director may cause the dwelling to be repaired,
               altered, or improved, or to be vacated and closed; the director may cause to be posted
               on the main entrance of any dwelling so closed, a placard with the following words:
               </p>
            		
            <p class="b2">
               "This dwelling is unfit for human habitation; the use or occupation of this dwelling
               for human habitation is prohibited and unlawful."
               </p>
            <p class="b2">
               Occupation of a dwelling so posted shall constitute a misdemeanor.
               </p>
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the owner fails to comply with an order to remove or demolish the dwelling, the
               director may proceed with equitable enforcement of this article pursuant to<a href="" data-chunk-id="COOR_CH10BUBURE_ARTVREHOOR_S10-164EN" class="section-link" data-product-id="12776"> section 10-164</a>(g).
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If any occupant fails to comply with an order to vacate a dwelling, the director may
               file a civil action in the name of the county 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 a dwelling.
               The clerk of the county 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
               days from the issuance of the summons to answer the complaint. The summons and complaint
               shall be served as provided in G.S.<a href="" data-chunk-id="COOR_CH42HURE_ARTIIFAHOCO_S42-29MEAP" class="section-link" data-product-id="12776"> 42-29</a>. 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 director produces a certified
               copy of an order entered pursuant to<a href="" data-chunk-id="COOR_CH10BUBURE_ARTVREHOOR_S10-164EN" class="section-link" data-product-id="12776"> section 10-164</a>(b) of this article, the magistrate shall enter judgment ordering that the premises
               be vacated and that all persons be removed. The judgment ordering that the dwelling
               be vacated shall be enforced in the same manner as the judgment for summary ejectment
               entered under G.S.<a href="" data-chunk-id="COOR_CH42HURE_ARTIIFAHOCO_S42-30CHELTE" class="section-link" data-product-id="12776"> 42-30</a>. An appeal from any judgment entered hereunder by the magistrate may be taken as
               provided in G.S. 7A-228, and the execution of such judgment may be stayed as provided
               in G.S. 7A-227. 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
               section unless such occupant has been served with notice of the order at least 30
               days before the filing of the summary ejectment proceeding.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Displacement.</span> In enforcing the provisions of this article, the director shall make every effort
               to prevent unnecessary displacement of occupants.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Determination of value.</span> The enforcement officer is hereby authorized to fix the reasonable value of any dwelling
               or abandoned dwelling for the purpose of this article at the amount set forth in the
               county's property tax listing (as adjusted by the county assessor or pursuant to the
               assessor's instruction), not including land value. Such value shall be binding unless
               the owner provides for delivery of a written appraisal as to the reasonable value
               of the dwelling prepared by a North Carolina state-certified residential appraiser
               within 15 days after receipt of an order from the director. Such written appraisal
               shall be binding and conclusive for purpose of this article.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Service of complaints and orders.</span> Complaints and orders issued by the enforcement officer pursuant to this article
               shall be served upon persons either personally or by registered or certified mail,
               and, in conjunction therewith, may be served by regular mail. When the manner of service
               is by regular mail in conjunction with registered or certified mail, and the registered
               or certified mail is returned, but the regular mail is not returned by the post office
               within ten days after mailing, service shall be deemed sufficient. The person mailing
               such complaint or order by regular mail shall certify that fact and the date thereof,
               and such certificate shall be deemed conclusive in the absence of fraud. If the identities
               of any owners or the whereabouts of such persons are unknown and the same cannot be
               ascertained by the enforcement officer, in the exercise of reasonable diligence, and
               the enforcement officer makes an affidavit to that effect, then the serving of such
               complaint or order upon the unknown owners or other persons may be made by publication
               in a newspaper having general circulation in the county at least once no later than
               the time at which personal service would be required under this article. Where service
               is made by publication, a notice of the pending proceedings shall be posted in a conspicuous
               place on the premises thereby affected. Failure on the part of any owner or party
               in interest to receive or have served upon him any complaint, notice, or order herein
               provided for shall not affect or invalidate the proceedings with respect to any other
               owner or party in interest or any other person, firm or corporation.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Equitable enforcement.</span> In case any dwelling is erected, constructed, altered, repaired, converted, maintained,
               or used in violation of this article or any order or decision of the director or board
               made pursuant to this article, the director may institute any appropriate action or
               proceedings to prevent such unlawful erection, construction, reconstruction, alternation,
               or use, to restrain, correct, or abate such violation and to prevent the occupancy
               of the dwelling.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Criminal enforcement.</span> A violation of any provision of this article shall constitute a misdemeanor, and
               the violator may be fined up to $500.00 or up to 30 days imprisonment or both for
               each offense, in the discretion of the court.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               <span class="ital">Civil enforcement.</span> An owner who fails to comply with a violation notice of correction order or finding
               of fact and order to repair or to improve, vacate, close or demolish any dwelling
               determined unfit for human habitation pursuant to the provisions contained in this
               article, or who permits the occupancy or reoccupancy of an unsafe or unfit dwelling
               in violation of this article shall be subject to civil penalty of $100.00 for the
               first day following the expiration of an order to repair or improve, vacate or close
               any occupied dwelling or following a determination that an unfit dwelling has been
               reoccupied in violation of this article. In each instance, a penalty of $10.00 per
               day shall be imposed for each subsequent day that such failure to comply continues.
               If a person fails to pay the civil penalty within ten days after being notified of
               the amount due, the county may recover the penalty together with all costs by filing
               a civil action in the General Court of Justice in the nature of a suit to collect
               a debt.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 98-1-6, Â§ 14, 1-20-98)
               </p></div>