<div class="chunk-title">Sec. 10-36. - Procedure for enforcement; notice; hearing.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Preliminary investigation; notice, hearing.</span> Whenever a petition is filed with the building code administrator by a public authority
               or by at least five residents of the county, or upon request of a realtor licensed
               within the state to engage in the sale of real property, or in the opinion of the
               building code administrator of the county building inspection department (G.S. 153A-366),
               if any dwelling or dwelling unit is unfit for human habitation, after a preliminary
               investigation discloses a basis for such charges issued and a cause to be served upon
               the owner of and parties in interest in such dwelling or dwelling unit, a complaint
               stating the charges and containing a notice that a hearing will be held before the
               building code administrator at a place therein, the building code administrator shall
               post a sign stating that such property is under investigation by the county building
               inspection department, not less than ten days nor more than 30 days after the serving
               of such complaint. The owner and any party in interest shall have the right to file
               and 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 of the persons signing the petition relating to such dwelling.
               Any person desiring to do so may attend such 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 building code administrator.
               
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               (b)
               
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               <span class="ital">Procedure after hearing.</span> After notice and hearing, if the public 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:
               
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               (1)
               
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               If the repair, alteration or improvement of the dwelling can be made at a reasonable
               cost in relation to the value of the dwelling, requiring the owner, within the time
               specified, to repair, alter or improve the dwelling in order to render it fit for
               human habitation. The order may require that the property be vacated and closed only
               if continued occupancy during the time allowed for repair will present a significant
               threat of bodily harm, taking into account the nature of the necessary repairs, alterations,
               or improvements; the current state of the property; and any additional risks due to
               the presence and capacity of minors under the age of 18 or occupants with physical
               or mental disabilities. The order shall state that the failure to make timely repairs
               as directed in the order shall make the dwelling subject to the issuance of an unfit
               order under this section; or
               
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               (2)
               
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               If the repair, alteration or improvement of the dwelling cannot be made at a reasonable
               cost in relation to the value of the dwelling, requiring the owner, within the time
               specified in the order, to remove or demolish such dwelling. However, notwithstanding
               any other provision of law, if the dwelling is located in a historic district 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).
               
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               (c)
               
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               <span class="ital">Failure to comply with order.</span>
               
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               (1)
               
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               If the owner fails to comply with an order to repair, alter or improve or to vacate
               and close the dwelling, the public officer may cause the dwelling to be repaired,
               altered or improved or to be vacated and closed; the public officer may cause 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 or occupation of this
               building for human habitation is prohibited and unlawful." Occupation of a building
               so posted shall constitute a Class 1 misdemeanor. The duties of the public officer
               set forth in this subsection 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 article 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. This 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.
               
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               (2)
               
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               If the owner fails to comply with an order to remove or demolish the dwelling, the
               public officer may cause such dwelling to be removed or demolished. The duties of
               the public officer set forth in this subsection 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 article 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. No such ordinance shall be adopted to require
               demolition of a dwelling until the owner has first been given a reasonable opportunity
               to bring it into conformity with the housing code. This 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.
               
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               (d)
               
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               <span class="ital">Failure of occupant to vacate a dwelling.</span>
               
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               (1)
               
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               If any occupant fails to comply with an order to vacate a dwelling, the public officer
               may file a civil action in the name of the city 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 dwelling.
               The clerk of 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. 42-29. 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 public officer produces a certified copy of an ordinance adopted by the board
               of commissioners authorizing the 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. 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.
               42-30. 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
               subsection unless such 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 public officer to proceed to exercise his duties under this section to vacate
               and close or remove and demolish the dwelling.
               
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               (2)
               
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               Whenever a determination is made pursuant to this section that a dwelling must be
               vacated and closed, or removed or demolished, under the provisions of this section,
               notice of the order shall be given by first class mail to any organization involved
               in providing or restoring dwellings for affordable housing that has filed a written
               request for such notices. A minimum period of 45 days from the mailing of such notice
               shall be given before removal or demolition by action of the public officer to allow
               the opportunity for any organization to negotiate with the owner to make repairs,
               lease, or purchase the property for the purpose of providing affordable housing. The
               public officer or clerk shall certify the mailing of the notices, and the certification
               shall be conclusive in the absence of fraud. Only an organization that has filed a
               written request for such notices may raise the issue of failure to mail such notices,
               and the sole remedy shall be an order requiring the public officer to wait 45 days
               before causing removal or demolition.
               
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            <p class="historynote0">
               (Code 1993, Â§Â§ 10-36, 10-37; Ord. of 4-2-1991(2), Â§ 15(a))
               
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