§ 5-93. Procedure for enforcement.

(a)

Preliminary investigation; notice hearing. Whenever a documented request is filed with the housing inspector, by a public authority or at least five residents of the county charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the housing 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 a complaint stating the charges and containing a notice that a hearing will be held before the housing inspector at a place therein fixed, not less than ten nor more than 30 days after the serving of the complaint. The owner 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.

(b)

Notice of hearing. Notice of such hearing shall also be given to the party or parties initiating the complaint relating to such dwelling. Any person desiring to do so may attend such hearing and be given 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 housing inspector.

(c)

Procedures after hearing. After such notice and hearing, the housing 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.

(1)

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 within the minimum standards of fitness established by this article 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 repairs or alterations and improvements have been made.

(2)

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 or vacate and remove and demolish the same within a specified period of time not to exceed 90 days.

(d)

Failure to comply with order.

(1)

In personam remedy. If the owner of any deteriorated dwelling unit shall fail to comply with an order of the housing 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 housing inspector to vacate and close, and remove and demolish the same within the time specified therein, the housing inspector shall submit to the Onslow County Board of Commissioners at its next regular meeting a resolution which directs the county attorney to petition the superior court for an order directing such owner to comply with the order of the housing inspector as authorized by G.S. 160A-446(g).

(2)

In rem remedy. After failure of an owner of a deteriorated dwelling or dwelling unit or a dilapidated dwelling, or dwelling unit to comply with an order of the housing inspector within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding subsection (1), the housing inspector shall submit to the Onslow County Board of Commissioners an ordinance ordering the housing inspector to cause such dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the housing inspector and, pending removal or demolition, to place a placard on such dwelling provided by G.S. 160A-443 and section 5-95.

(e)

Appeals from order of housing inspector. An appeal from any decision or order of the housing inspector may be taken by any person aggrieved thereby. Any appeal from the housing 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 housing inspector and with the Onslow County Housing Board of Appeals a notice of appeal, which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal the housing inspector shall forthwith transmit the board all the papers constituting the record upon which the decision appealed from was made. When appeal is from a decision of the housing inspector refusing to allow the person aggrieved thereby to do any act, his decision shall remain if force until modified or reversed. When any appeal is from a decision for the housing 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 housing inspector certifies to the board, after the notice of appeal is filed with him, that by reason of the facts stated in the certificate (copy of which shall be furnished by 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 days' written notice to the housing inspector, by the board, or by a court record upon petition made pursuant to G.S. 160A-446(1) and subsection (e) of this section.

(1)

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 the 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 housing inspector, but the concurring vote of four members of the board shall be necessary to reverse or modify any decision or order of the housing inspector. The board shall have power also in passing upon appeals, or in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of 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.

(2)

Every decision of the board shall be subjected to review by proceedings in the nature of certiorari instituted within 15 days of the decision of the board, but not otherwise.

(f)

Petition to superior court by owner. Any person aggrieved by an order issued by the housing 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 housing inspector pending a final disposition of the case, as provided by G.S. 160A-446 (1).

(Ord. of 8-18-03)