HomeMy WebLinkAboutC.054.93011_1486 (2)(2) To take such action, together with other appropriate departments and agencies, public and private, as may be
necessary to effect rehabilitation of housing which is deteriorated.
(3) To keep a record of the results of inspections made under this article and an inventory of those dwellings that do
not meet the minimum standards of fitness herein prescribed.
(4) To administer oaths and affirmations, examine witnesses and receive evidence.
(5) To enter upon premises for the purpose of making examinations and inspections; provided, such entries shall be
made in accordance with sub -section A. of this section, below, and state law, and shall be made in such manner as
to cause the least possible inconvenience to the persons in possession.
(6) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to assist in
carrying out the purposes of this article, and to delegate any of his functions and powers to such officers, agents and
employees.
(7) To perform such other duties as maybe prescribed herein or by the county.
B. Inspections; duty of owners and occupants.
(a) Whenever the housing inspector has reasonable cause to believe that there exists any condition or code
violation which makes a building or premises unsafe, dangerous or hazardous, the housing inspector may enter such
building or premises if the inspector has the consent of the owner, or if the dwelling is occupied by a tenant, consent
to enter the dwelling is given by the tenant The housing inspector shall present proper credentials when requesting
to enter the dwelling. if such building or premises is unoccupied, the housing inspector shall make a reasonable effort
to lute the owner or other persons having charge or control of such and request entry. If entry is refused, the
housing inspector shall have recourse to every remedy provided by law to secure entry.
(b) Every occupant of a dwelling, rooming house or rooming unit shall give the owner or his agent or employee,
access to any part of such dwelling and its premises at all reasonable times for the purpose of making such repairs or
alterations as are necessary to effect compliance with the provisions of this article or with any lawful order issued
pursuant to the provisions of this article.
C. Warrants to inspect dwellings.
When permission to inspect a dwelling or premises is denied, the housing inspector must obtain an
administrative search and inspection warrant to inspect such dwelling or premises. When the housing inspector has
obtained a proper administrative search and inspection warrant as provided by law, no owner or occupant or any
other persons having control of any building or premises shall fail or neglect to promptly permit entry. Such warrant
shall be issued pursuant to G. S. 15-27.2.
Sec. 4-133 ENFORCEMENT
A. Procedure for enforcement
(a) Preliminary investigation. In accordance with G.S. 160A443, whenever a signed petition is filed with the
housing inspector charging that any dwelling is unfit for human habitation, or whenever t appears to the inspector,
upon inspection, that any dwelling is unfit for human habitation, he shall, if his preliminary investigation discloses a
basis for such charges, schedule a hearing.
(b) Notice if corrections are not addressed in a timely manner the housing inspector shall issue and cause to be
served upon the owner of and parties in interest in such dwelling 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 (10) nor more than
thirty (30) days after the serving of the complaint.
(c) Hearing. The owner or any part 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 (1) 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.
(d) Procedure after hearing.
(1) After such notice and hearing, the inspector shall state in writing his determination whether the dwelling is unfit
for human habitation, and, if so, whether it is deteriorated or dilapidated.
(2) if the inspector determines that the dwelling 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 to vacate and close such dwelling as a human
habitation until such repairs, alterations, and improvements have been made. The owner shall comply with the
minimum standards of fitness established by this article within a specified period of time, not to exceed ninety (90)
days.
(3) 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 either to repair, alter or improve such dwelling to comply with the minimum standards of fitness established
by this article, or else to vacate and ramove or demolish the same within a specified period of time not to exceed
ninety (90) days.
B. Failure to comply with order.
(a) In personam remedy. if the owner of any deteriorated dwelling shall fail to comply with an order of the housing
inspector to repair, atter, or improve or to vacate and close as a human habitation the same within the time specified
therein, or if the owner of a dilapidated dwelling or dwelling unit shall fait to comply with an order of the inspector to
repair, atter or improve or to vacate and close and remove or demolish the same within the time specified therein, the