§ 9-24. Procedure after hearing.  


Latest version.
  • (a)

    After notice and hearing pursuant to this division, the inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

    (b)

    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 chapter within a specified period of time, not to exceed ninety (90) days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations, and improvements have been made.

    (c)

    Upon application by the owner within the specified time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.

    (d)

    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 vacate and close the dwelling, and to remove or demolish the same within a specified time, not to exceed ninety (90) days unless the owner elects to proceed under the provisions set forth below, or unless an application for an extension of up to ninety (90) days is applied for by the owner and granted by the code enforcement official for good cause shown.

    (e)

    Notwithstanding any other provision of law, if the condition of the dwelling would require removal or demolition under subsection (2) and the dwelling is located in a historic district of the town and the historic district commission determines, after a public hearing as provided by the 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 N.C.G.S. 160A-400.14(a).

    (f)

    Within ten (10) days from the date of the order determining that the building is dilapidated, the owner may notify the code enforcement official in writing of his intent to make such repairs or alterations to said dwelling so as to comply with the minimum standards of fitness. Upon receipt of an owner's written intent to repair said dwelling, within the time provided herein, the inspector shall issue a supplemental order directing the owner to commence and complete the repairs or alterations necessary to comply with the minimum standards of fitness. The code inspector shall allow a reasonable period of time for the owner to make such repairs or alterations, but in no event shall the period of time allow for such repairs or alterations be less than thirty (30) days nor more than ninety (90) days unless an extension of up to ninety (90) days is granted by the code enforcement official for good cause shown. Upon application by the owner within the specified period of time, the inspector may grant extensions of up to one (1) year if the dwelling is occupied by its owner, or up to one hundred eighty (180) days if the dwelling is not occupied by its owner, for good cause shown.

(Ord. of 9-18-68, § 15; Ord. No. 2002-02-25/O-1)