<div class="chunk-title">Sec. 6-236. - Procedure for enforcement.</div>
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               (a)
               
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               <span class="ital">Preliminary investigation; notice; hearing</span>. Whenever a petition is filed with the officer by a public authority or by at least
               five residents of the county charging 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 of interest
               in such dwelling or dwelling unit, a complaint stating the charges and containing
               a notice that a hearing will be held before the officer 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 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 officer.
               
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               (b)
               
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               <span class="ital">Procedure after hearing.</span> After such 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 (an ordinance of the city may fix a
               certain percentage of this value as being reasonable), 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<a href="" data-chunk-id="PTIICOOR_CH18SOWA" class="section-link" data-product-id="15271"> 18</a> 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 (an ordinance of the county may fix
               a certain percentage of this value as being reasonable), 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 or properties which the public
               officer shall have found to be unfit for human habitation and which property or properties
               shall be described in the ordinance. The 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 or
               properties which the public officer shall have found to be unfit for human habitation
               and which property or properties 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.
               The 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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               (e)
               
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               <span class="ital">Appeals from orders of officer</span>.
               
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               (1)
               
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               An appeal from any decision or order of the officer may be taken by any person aggrieved
               thereby. Any appeal shall specify the grounds upon which the appeal is based. Upon
               the filing of any notice of appeal, the officer shall forthwith transmit to the board
               all the papers constituting the record upon which the decision appealed from was made.
               When an appeal is from a decision of the officer 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 officer requiring the person aggrieved to
               do the act, the appeal shall have the effect of suspending the requirement until the
               hearing by the board, unless the officer 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
               shall not be suspended except for due cause shown upon not less than one day's written
               notice to the officer, by the board, or by a court of record upon petition made pursuant
               to G.S. 153A, and subsection (f) of this section.
               
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               (2)
               
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               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 or order appealed from, and may make
               such decision or order as in its opinion ought to be made in the matter, and to that
               end it shall have all the powers of the officer, but the concurring vote of four members
               of the board shall be necessary to reverse or modify any decision or order of the
               officer. 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.
               
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               (3)
               
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               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.
               
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               (f)
               
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               <span class="ital">Petition to superior court by owner</span>. Any person aggrieved by an order issued by the officer 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 officer pending a final disposition of the cause, as provided by G.S. 153A.
               
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            <p class="historynote0">
               (Ord. No. 1993-5, Â§ 14, 5-19-1993)
               
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