<div class="chunk-title">Sec. 14-98. - Procedure for enforcement.</div>
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            <p class="incr0">
               (a)
               
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               <span class="ital">Preliminary investigation; notice; hearing.</span> Whenever a verified petition is filed with the chief building inspector by a public
               authority or by at least five residents of the county, at least 18 years of age, charging
               that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears
               to the chief building inspector, upon inspection, that any dwelling or dwelling unit
               is unfit for human habitation he shall, if his preliminary investigation discloses
               a basis for such charges, issue and 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 chief building inspector
               at a place therein fixed, not less than ten nor more than 30 days after the serving
               of the complaint. The owner or any party in interest shall have the right to correct
               the violation, to file an answer to the complaint, and to appear in person or send
               a representative and give testimony at the place and time fixed in the complaint.
               Notice of such hearing shall be given to at least one of the persons signing a 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 chief building
               inspector.
               
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            <p class="incr0">
               (b)
               
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               <span class="ital">Procedure after hearing.</span> After such notice and hearing, the chief building inspector shall state in writing
               his determination whether the dwelling or dwelling unit is unfit for human habitation
               and, if so, whether it is deteriorated or dilapidated, and shall issue and serve orders
               regarding deterioration or dilapidation as follows:
               
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            <p class="incr1">
               (1)
               
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               If the chief building inspector determines that the dwelling or dwelling unit is deteriorated,
               he shall state in writing his findings of fact in support of such determination, and
               shall issue and cause to be served upon the owner thereof an order directing and requiring
               the owner to repair, alter, or improve such dwelling or dwelling unit to comply with
               the minimum standards of fitness established by this article within 90 days. Such
               order may also direct and require the owner to vacate and close such dwelling or dwelling
               unit until such repairs, alterations, and improvements have been made.
               
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               (2)
               
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               If the chief building inspector determines that the dwelling is dilapidated, he shall
               state in writing his finding of fact to support such determination, and shall issue
               and cause to be served upon the owner thereof an order directing and requiring the
               owner either to repair, alter or improve such dwelling or dwelling unit to comply
               with the minimum standards of fitness established by this article, or else to vacate
               and demolish and remove the dwelling or dwelling unit within 90 days. Such order may
               also direct and require the owner to vacate and close such within 30 days.
               
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               (c)
               
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               <span class="ital">Failure to comply with order.</span> Failure to comply shall result in the following:
               
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               (1)
               
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               <span class="ital">In personam remedy.</span> If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with
               an order of the chief building inspector to repair, alter, or improve or to vacate
               and close same within the time specified therein, or if the owner of a dilapidated
               dwelling or dwelling unit shall fail to comply with an order of the chief building
               inspector to repair, alter, or improve or to vacate and close and remove or demolish
               and remove same within the time specified therein, the chief building inspector shall
               submit to the board of county commissioners at their next regular meeting a resolution
               directing the county attorney to petition the superior court for an order directing
               such owner to comply with the order of the chief building inspector, as authorized
               by G.S. 160D-1208(e).
               
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            <p class="incr1">
               (2)
               
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               <span class="ital">In rem remedy.</span> After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit
               to comply with an order of the chief building inspector within the time specified
               therein, if injunctive relief has not been sought or has not been granted, as provided
               in the subsection (1) of this section, the chief building inspector shall submit to
               the board of county commissioners an ordinance ordering the chief building inspector
               to cause such dwelling or dwelling unit to be repaired, altered, improved, vacated,
               closed, removed or demolished and removed, as provided in the original order of the
               chief building inspector, and pending removal or demolition and removal, to place
               a placard on such dwelling as provided by G.S. 160D-1203.
               
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               (d)
               
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               <span class="ital">Appeals from orders of the chief building inspector.</span> An appeal from any decision or order of the chief building inspector may be taken
               by any person aggrieved thereby. Any appeal from the chief building inspector shall
               be taken within ten days from the rendering of the decision or service of the order,
               and shall be taken by filing with the chief building inspector and with the planning
               and zoning commission, serving as the zoning board of adjustment, a notice of appeal
               which shall specify the grounds upon which the appeal is based. Upon the filing of
               any notice of appeal, the chief building inspector shall forthwith transmit to the
               commission all the papers constituting the record upon which the decision appealed
               from was made. When the appeal is from a decision of the chief building inspector
               refusing to allow the person aggrieved thereby to do any act, his decision shall remain
               in force until modified or reversed. When an appeal is from a decision of the chief
               building inspector requiring the person aggrieved to do any act, the appeal shall
               have the effect of suspending the requirement until the hearing by the commission,
               unless the chief building inspector certifies to the commission, after the notice
               of appeal is filed with him, that by reason of the facts stated in the certificate,
               a copy of which shall be furnished the person who is appealing, a suspension of his
               requirement would cause imminent peril to life or property, in which case the requirement
               shall not be suspended except for due cause shown upon not less than one day's written
               notice to the chief building inspector, by the commission, or by a court of record
               upon petition made pursuant to G.S. 160D-1208(d) and subsection (e) of this section.
               The commission shall fix a reasonable time for the hearing of all appeals, shall give
               due notice to all the parties, and shall render its decision within a reasonable time.
               Any party may appear in person or by agent or attorney. The commission may reverse
               or affirm, wholly or partly, or may modify the decision or order appealed from, and
               may make such decision and order as in its opinion ought to be made in the matter,
               and to that end it shall have all the powers of the chief building inspector, but
               the concurring vote of 80 percent of the members of the commission shall be necessary
               to reverse or modify any decision or order of the chief building inspector. The commission
               shall have power also in passing upon appeals, in the case where there are practical
               difficulties or unnecessary hardships in a way of carrying out the strict letter of
               the ordinance, to adapt the application of the ordinance to the necessities of the
               case to the end that the spirit of the ordinance shall be observed, public safety
               and welfare secured and substantial justice done. Every decision of the commission
               shall be subject to review by proceedings in the nature of certiorari instituted within
               15 days of the decision of the commission, but not otherwise.
               
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               (e)
               
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               <span class="ital">Petition to superior court by owner.</span> Any person aggrieved by an order issued by the chief building inspector or a decision
               rendered by the commission shall have the right, within 30 days after issuance of
               the order or rendering of the decision, to petition the superior court for a temporary
               injunction restraining chief building inspector pending a final disposition of the
               cause, as provided by G.S. 160D-1208(d).
               
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            <p class="historynote0">
               (Ord. of 2-1-82, Â§ XIV; Ord. of 10-20-86, Â§ 1;
               <a class="ordinance-link" href="" data-product-id="12658" data-ordinance-id="1170755">
                  Ord. No. 2021-32
                  </a>
               , Â§ 4, 12-20-21)
               
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