HomeMy WebLinkAboutC.054.93011_1487inspector shall submit to the board of commissioners at its next regular meeting a resolution directing the county
attorney to petition the superior court for an order directing such owner to conpty with the order of the inspector
authorized by G. S. 160A446(g).
(b) In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with
an order of the inspector within the time speci6ed therein, if injunctive relief has not been sought or has not been
granted as provided in subsection (a) above, the inspector shall submit to the board of commissioners an ordinance
ordering the inspector to cause such dwelling to be repaired, altered, improved, vacated, dosed, removed or
demolished as provided in the original order of the inspector, and pending removal or demolition, to place a placard
on such dwelling as provided by G. S. 160-443 and sub -section C. of this section.
(c) Appeals from orders of inspector.
(1) 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 (10) 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 housing appeals board all the papers constituting the record upon which the decision
appealed from was made. When an 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 an 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 cerfrfies 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 pent to life or property, in which case the requirement shall not
be suspended except by a restraining order. Such a restraining order may be granted for due cause shown upon not
less than one (1) day's written notice to the inspector, by the board, or by a court of record upon petition made
pursuant to G. S. 160A446(1) and subsection (d), below.
(1) The housing appeals board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all
the parties, and shag render its decision within a reasonable time. Any party may appear in person or by agent or
attorney The housing appeals board 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 inspector, but the concurring vote of four (4) members of the board shall be
necessary to reverse or modify any decision or order of the inspector The housing appeals board shall have power
also in passing upon appeals, in any case where there are practical ddficugies or unnecessary hardships in the way
of carrying out the strict letter of this article, to adapt the application of the article to the necessities of the case to the
end that the spirit of the article shall be observed, public safety and welfare secured, and substanfiai jusfice done.
(3) Every decision of the board shall be subject to review by proceedings in the nature of certiorari instituted within
fifteen (15) days of the decision of the board, but not otherwise.
(d) Petition to superior court by owner. Any person aggrieved by an order issued by the inspector or a decision
rendered by the board shall have the right, within thirty (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(1).
C. Methods of service of complaints and orders.
Complaints or orders issued by the inspector shall be served upon persons either personally or by
registered or certified mail if the whereabouts of such persons are unknown and the same cannot be ascertained by
the inspector in the exercise of reasonable diligence, the inspector shalt make an affidavit to that effect and the
serving of such complaint or order upon such person may be made by publishing the same at least once no later
than the time at which personal service would be required under the provisions of this article in a newspaper having
general circulation in the county Where service is made by publication, a notice of the pending proceedings shaft be
posted in a conspicuous plane on the premises affected by the complaint or order.
D. In rem action by inspector; placarding.
(a) After failure of an owner of a dwelling to comply with an order of the inspector issued pursuant to the provisions
of this article, and upon adoption by the board of commissioners of an ordinance authorizing and directing him to do
so, as provided by G.S. 160A-443(5) and sub -section A of this section, the inspector shat/ proceed to cause such
dwelling to be repaired, altered or improved to comply with the minimum standards of fitness established by this
article, or to be vacated and closed and removed and demolished, as directed by the ordinance of the board of
commissioners, and shall cause to be posted on the main entrance of such dwelling 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 misdemeanor.
(b) Each such 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, as provided by G.S. 160A-
443(5).
E. Costs, a lien on premises.
As provided by G.S. 160A-446(6), the cost of any repairs, alterations, or improvements, or of vacating and
closing, or removal or demolition, caused to be made or done by the inspector pursuant to sub -section C of this
section, shall be a lien against the real property upon which such cost was incurred. Such lien shall be filed, have
priority, and be collected in the same manner as the lien for special assessments established by G. S. Chapter 153A,
Article 9.
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