<div class="chunk-title">Sec. 14-224. - Procedure for enforcement.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Preliminary investigation; notice, hearing.</span> Whenever a petition is filed with the inspector by a public officer of a public authority
               or by at least five adult residents of the county charging that any dwelling or dwelling
               unit is unfit for human habitation, or whenever it appears to the 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 interested in such dwelling or 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, not less than ten days nor more
               than 30 days after the serving of the complaint. 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 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 inspector.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Procedure after hearing.</span> After such notice and hearing, the inspector shall state in writing his determination
               whether such dwelling unit is unfit for human habitation, and if so, whether it is
               deteriorated or dilapidated.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               If the 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 and improve such 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 order may also direct and require the owner to
               vacate and close such dwelling or dwelling unit until such ordered repairs, alterations,
               and improvements have been made.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the inspector determines that the dwelling is dilapidated, he shall state in writing
               his findings 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 to repair,
               alter and improve such dwelling or dwelling unit to comply with the minimum standards
               of fitness established by this article or else vacate and remove or demolish the same
               within a specified period of time not to exceed 90 days.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Failure to comply with order.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">In person remedy.</span> If the owner of any deteriorated dwelling or dwelling unit shall fail to comply with
               an order of the inspector to repair, alter, or improve the same within the time specified
               therein, or if the owner of a dilapidated dwelling shall fail to comply with an order
               of the inspector to vacate and close, and remove or demolish the same within the time
               specified therein, the inspector shall submit to the governing body at its next regular
               meeting a resolution directing the county attorney to petition the general court of
               justice for an order directing such owner to comply with the order of the inspector
               as authorized by G.S. 160A-443(7) and/or G.S. 160A-446(g).
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">In remedy.</span> After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated
               dwelling, to comply with an order of the inspector within the time specified therein,
               if injunctive relief has not been sought or has not been granted as provided in the
               preceding paragraph.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The inspector shall submit to the governing body an ordinance ordering the inspector
               to cause such dwelling or dwelling unit to be repaired, altered, improved, or vacated
               and closed and removed or demolished, as provided in the original order of the inspector,
               and pending such removal or demolition to placard such dwelling as provided by G.S.
               160A-443 and section 14-226 of this article.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Appeals from orders of inspector.</span> An appeal from any decision or order of the inspector may be taken by any person
               aggrieved thereby. Any appeal from the 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 inspector and with the housing appeals board a notice of appeal which shall
               specify the grounds upon which the appeal is based. Upon the filing of any notice
               of appeal, the inspector shall forthwith transmit to the board all the papers constituting
               the record upon which the decision appealed from was made. When appeal is from a decision
               of the inspector refusing to allow the person aggrieved thereby to do any act, his
               decision shall remain in force until modified or reversed. When any appeal is from
               a decision of the inspector requiring the person aggrieved to do any act, the appeal
               shall have the effect of suspending the requirement until the hearing by the board,
               unless the inspector certifies to the board, 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 appellant), a suspension of his requirement would cause imminent
               peril to life or property, in which case the requirement shall not be suspended except
               by a restraining order, which may be granted for due cause shown upon not less than
               one day's written notice to the inspector, by the board, or by a court of record upon
               petition made pursuant to G.S. 160A-446(f) and subsection (e) of this section.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The board 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 board may reverse or affirm,
               wholly or partly, or may modify the decision of the order that is being appealed 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 the powers of the inspector, but the concurring vote
               of four members of the board shall be necessary to reverse or modify any decision
               or order of the inspector. The board shall have power also in passing upon appeals,
               in any case where there are practical difficulties or unnecessary hardships in the
               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.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Every decision of the board shall be subject to review by proceedings in the nature
               of certiorari instituted within 15 days of the decision of the board, but not otherwise.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Petition to superior court by owner.</span> Any person aggrieved by an order issued by the inspector or a decision rendered by
               the board 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
               the inspector pending a final disposition of the cause, as provided by G.S. 160A-446(f).
               </p>
            		
            <p class="historynote0">
               (Ord. of 11-1-2016(1), art. D, Â§ 4)
               </p></div>