This chapter shall be known as and may be cited as the town minimum housing standards ordinance.

(Code 2007, § 152.38; Ord. of 8-24-1993)

(a)

Pursuant to G.S. 160D-1201, it is hereby declared that there exist in the town dwellings which are unfit for human habitation due to deterioration or dilapidation; defects increasing the hazards of fire, accidents and other calamities; lack of ventilation, light and sanitary facilities; and other conditions rendering those dwellings unsafe or unsanitary, dangerous and detrimental to the health, safety and morals, and otherwise inimical to the welfare of the residents of the town.

(b)

In order to protect the health, safety and welfare of the residents of the town as authorized by G.S. ch. 160A, art. 19, pt. 6 (G.S. 160A-441 et seq.), it is the purpose of this chapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used or intended to be used for human habitation, as expressly authorized by G.S. 160D-1205.

(Code 2007, § 152.01; Ord. of 8-24-1993)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basement means a portion of a dwelling which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

Cellar means a portion of a dwelling which is located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.

Deteriorated means that a dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all of the minimum standards established by this chapter at a cost not in excess of 50 percent of its value, as determined by finding of the minimum housing standards enforcement officer.

Dilapidated means that a dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this chapter except at a cost in excess of 50 percent of its value, as determined by finding of the minimum housing standards enforcement officer.

Dwelling.

(1)

The term "dwelling" means any building, structure, manufactured home or mobile home as defined in G.S. 143-145(7), or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.

(2)

Temporary housing, as hereinafter defined, shall not be regarded as a dwelling.

(3)

The term "dwelling" shall include within its meaning the terms "roominghouse" and "rooming unit," as hereinafter defined.

(4)

Whenever the terms "dwelling," "dwelling unit," "roominghouse," "rooming unit," and/or "premises" are used in this chapter, they shall be construed as though they were followed by the terms "or any part thereof."

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

Enforcement officer or public officer means the minimum housing standards enforcement officer of the town and/or any authorized agent of the enforcement officer.

Extermination means the control and elimination of insects, rodents or other pests by removing or making materials that may serve as their food inaccessible; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the minimum housing standards enforcement officer.

Garbage means the organic waste resulting from the handling, preparation, cooking and consumption of food.

Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water-closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.

Infestation means the presence, within or around a dwelling, of any insects, rodents or other pests in a number so as to constitute a menace to the health, safety or welfare of the occupants or the public.

Multiple dwelling means any dwelling containing more than two dwelling units.

Occupant means any person over one year of age, living, sleeping, cooking or eating in, or having actual possession of a dwelling, dwelling unit or rooming unit.

Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner means:

(1)

Any person who alone, jointly or severally with others:

a.

Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompanying actual possession thereof;

b.

Shall be a mortgagee of record for any dwelling, dwelling unit or rooming unit; or

c.

Shall have charge, care or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administrator, trustee or guardian of the estate of the actual owner.

(2)

Any like person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and with the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Party in interest means all persons having an interest of record in a dwelling, dwelling unit or rooming unit and any who are in possession thereof.

Plumbing includes all of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, mechanical garbage disposal units, including mechanical sink grinders, sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.

Public authority means the town housing authority if and/or when established and/or any officer who is in charge of any department or branch of the government of the town or of the county or the state relating to health, fire, building regulations or other activities concerning dwellings in the town.

Roominghouse means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not wife or husband, daughter or son, mother or father, sister or brother of the owner or operator.

Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

Rubbish means nonorganic waste materials, including paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass and dust.

Supplied means paid for, furnished, provided by or under the control of, the owner or operator.

Temporary housing means any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

Unfit for human habitation means that conditions exist in a dwelling, dwelling unit, roominghouse or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.

(Code 2007, § 152.02; Ord. of 8-24-1993)

(a)

Every dwelling and dwelling unit used as a human habitation, or held out for use as a human habitation, shall comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 15-293 through 15-298.

(b)

No person shall occupy as owner-occupant or let to another for occupancy or use as a human habitation, any dwelling or dwelling unit which does not comply with all of the minimum standards of fitness for human habitation and all of the requirements of sections 15-293 through 15-298.

(Code 2007, § 152.03; Ord. of 8-24-1993)

The following standards constitute the minimum standards for structural condition of a dwelling or dwelling unit:

(1)

Walls or partitions and supporting members, sills, joists, rafters or other structural members shall not list, lean or buckle, and shall not be rotted, deteriorated or damaged, and shall not have holes or cracks which might admit rodents;

(2)

Floors and roofs shall have adequate supporting members and strength to be reasonably safe for the purpose used;

(3)

Foundations, foundation walls, piers or other foundation supports shall not be deteriorated or damaged;

(4)

Steps, stairs, landings, porches or other parts or appurtenances shall be maintained in a condition that they will not fail or collapse;

(5)

Adequate facilities for egress in case of fire or panic shall be provided;

(6)

Interior walls and ceilings of all rooms, closets and hallways shall be finished of suitable materials, which will, by use of reasonable household methods promote sanitation and cleanliness, and shall be maintained in a manner so as to enable the occupants to maintain reasonable privacy between various spaces;

(7)

The roof, flashings, exterior walls, basement walls, floors and all doors and windows exposed to the weather shall be constructed and maintained so as to be weathertight and watertight;

(8)

There shall be no chimneys or parts thereof which are defective, deteriorated or in danger of falling, or in a condition or location so as to constitute a fire hazard; and

(9)

There shall be no use of the ground for floors, or wood floors on the ground.

(Code 2007, § 152.04; Ord. of 8-24-1993)

(a)

Plumbing system.

(1)

Each dwelling unit shall be connected to a potable water supply and to a public sewer or other approved sewage disposal system.

(2)

Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold water and hot water.

(3)

All water shall be supplied through an approved pipe distribution system connected to a potable water supply.

(4)

All plumbing fixtures shall meet the standards of the state plumbing code and shall be maintained in a state of good repair and in good working order.

(5)

All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same.

(6)

The water closet and tub or shower shall be located in a room affording privacy to the user.

(b)

Heating system. Every dwelling and dwelling unit shall have facilities for providing heat in accordance with the following:

(1)

Central and electric heating systems. Every central or electric heating system shall be of sufficient capacity to heat all habitable rooms, bathrooms and water-closet compartments in every dwelling unit to which it is connected with a minimum temperature of 70 degrees Fahrenheit measured at a point three feet above the floor during ordinary winter conditions; and

(2)

Other heating facilities. Where a central or electric heating system is not provided, each dwelling and dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, gas vents or other facilities to which heating appliances may he connected to heat all habitable rooms with a minimum temperature of 70 degrees Fahrenheit, measured three feet above the floor, during ordinary winter conditions.

(c)

Electrical system.

(1)

Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles.

a.

Every habitable room shall contain at least two floor or wall type electric convenience receptacles, connected in a manner as determined by the state electrical code.

b.

There shall be installed in every bathroom, water-closet room, laundry room and furnace room at least one supplied, ceiling or wall type electric light fixture.

c.

In the event wall or ceiling light fixtures are not provided in any habitable room, then the habitable room shall contain at least three floor or wall type electric convenience receptacles.

(2)

Every public hall and stairway in every multiple dwelling shall be adequately lighted by electric lights at all times when natural daylight is not sufficient.

(3)

All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, and installed in accordance with the state electrical code.

(Code 2007, § 152.05; Ord. of 8-24-1993)

(a)

Generally.

(1)

Every habitable room shall have at least one window or skylight facing directly to the outdoors.

(2)

The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of the room.

(3)

Whenever walls or other portions of structures face a window or any room and light-obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area.

(4)

Whenever the only window in a room is a skylight-type window in the top of a room, the total window area of the skylight shall equal at least 15 percent of the total floor area of the room.

(b)

Habitable rooms.

(1)

Every habitable room shall have at least one window or skylight which can easily be opened, or another device as will adequately ventilate the room.

(2)

The total openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size or minimum skylight-type window size as required, or shall have other approved, equivalent ventilation.

(c)

Bathroom and water-closet rooms. Every bathroom and water-closet compartment shall comply with the light and ventilation requirements for habitable rooms, except that no window or skylight shall be required in adequately ventilated bathrooms and water-closet rooms equipped with an approved ventilation system.

(Code 2007, § 152.06; Ord. of 8-24-1993)

(a)

Room sizes.

(1)

Every dwelling unit shall contain at least the minimum room size of each habitable room as required by the state residential building code.

(2)

Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant, at least 100 square feet of additional habitable area for each of the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant.

(3)

In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

(b)

Ceiling height. At least one-half of the floor area of every habitable room shall have a ceiling height of not less than seven feet and six inches.

(c)

Floor area calculation.

(1)

Floor area shall be calculated on the basis of habitable room area.

(2)

All over, closet area and wall area within the dwelling unit may count for not more than ten percent of the required habitable floor area.

(3)

The floor area of any part of any room where the ceiling height is less than 4½ feet shall not be considered a part of the floor area for the purpose of determining maximum permissible occupancy.

(d)

Cellar. No cellar shall be used for living purposes.

(e)

Basements. No basement shall be used for living purposes unless:

(1)

The floor and walls are substantially watertight;

(2)

The total window area, total openable window area and ceiling height are equal to those required for habitable rooms; and

(3)

The required minimum window area of every habitable room is entirely above the grade adjoining the window area, except where the window or windows face a stairwell, window well or accessway.

(Code 2007, § 152.07; Ord. of 8-24-1993)

(a)

Exterior foundation, walls and roofs.

(1)

Every foundation wall, exterior wall and exterior roof shall be substantially weathertight and rodent proof; shall be kept in sound condition and good repair; shall be capable of affording privacy; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon.

(2)

Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather.

(b)

Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use would cause to be placed thereon.

(c)

Windows and doors. Every window, exterior door, basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent proof and shall be kept in sound working condition and good repair.

(d)

Stairs, porches and appurtenances. Every outside and inside stair, perch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use would cause to be placed thereon and shall be kept in sound condition and good repair.

(e)

Bathroom floors. Every bathroom floor surface and water-closet compartment floor surface shall be constructed and maintained so that it will be reasonably impervious to water and will permit the floor to be easily kept in a clean and sanitary condition.

(f)

Supplied facilities. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

(g)

Drainage. Every yard shall be properly graded in order to obtain thorough drainage and to prevent the accumulation of stagnant water.

(h)

Noxious weeds. Every yard and all exterior property areas shall be kept free of any species of weeds or plant growth which are noxious or detrimental to health.

(i)

Egress. Every dwelling unit shall be provided with adequate means of egress as required by the state residential building code.

(Code 2007, § 152.08; Ord. of 8-24-1993)

(a)

Screens.

(1)

In every dwelling unit, for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall be equipped with screens and a self-closing device.

(2)

Every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be equipped with screens.

(b)

Rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be equipped with screens or other approved device as will effectively prevent their entrance.

(c)

Infestation.

(1)

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises.

(2)

Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination whenever his dwelling unit is the only one infested.

(3)

Whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner.

(4)

Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination shall be the responsibility of the owner.

(d)

Rubbish storage and disposal.

(1)

Every dwelling and every dwelling unit shall be supplied with approved containers and covers for storage of rubbish as required by town ordinances.

(2)

The owner, operator or agent in control of the dwelling or dwelling unit shall be responsible for the removal of rubbish.

(e)

Garbage storage and disposal. Every dwelling and every dwelling unit shall be supplied with an approved garbage disposal facility, which may be an adequate mechanical garbage disposal unit, including a mechanical sink grinder, in each dwelling unit, or an approved outside garbage can as required by town ordinances.

(Code 2007, § 152.09; Ord. of 8-24-1993)

All of the provisions of this chapter, and all of the minimum standards and requirements of this chapter, shall be applicable to roominghouses, and to every person who operates a roominghouse, or who occupies or lets to another for occupancy any rooming unit in any roominghouse, except as provided in the following sections:

(1)

Water closet, hand lavatory and bath facilities.

a.

At least one water closet, lavatory basin and bathtub or shower, properly connected to an approved water and sewer system and in good working condition, shall be supplied for each four rooms within a roominghouse wherever these facilities are shared.

b.

All like facilities shall be located within the residence building served and shall be directly accessible from a common hall or passageway and shall not be more than one story removed from any of the persons sharing the facilities.

c.

Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.

d.

These required facilities shall not be located in a cellar.

(2)

Minimum floor areas for sleeping purposes.

a.

Every room occupied for sleeping purposes for one occupant shall contain at least 70 square feet of floor area.

b.

Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.

(3)

Sanitary conditions.

a.

The operator of every roominghouse shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for the sanitary maintenance of every other part of the roominghouse.

b.

He shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the roominghouse is contained is leased or occupied by the operator.

(4)

Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by subsection (a) of this section shall be located within the roominghouse and within a room which afford privacy, are separate from the habitable rooms, are accessible from a common hall and are accessible without going outside the roominghouse or through any other room therein.

(Code 2007, § 152.10; Ord. of 8-24-1993)

(a)

Public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

(b)

Cleanliness. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.

(c)

Rubbish and garbage.

(1)

Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish and garbage in a clean and sanitary manner by placing it in the supplied storage facilities.

(2)

In all cases, the owner shall be responsible for the availability of rubbish and garbage storage facilities.

(d)

Supplied plumbing fixtures. Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of the same.

(e)

Care of facilities, equipment and structure. No occupant shall willfully destroy, deface or impair any of the facilities or equipment, or any part of the structure of a dwelling or dwelling unit.

(Code 2007, § 152.11; Ord. of 8-24-1993)

(a)

The minimum housing standards enforcement officer (hereinafter, the enforcement officer) is hereby designated as the town official to enforce the provisions of this chapter and to exercise the duties and powers herein prescribed.

(b)

The enforcement officer is authorized to exercise these powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this chapter.

(c)

The enforcement officer shall have the following powers and duties:

(1)

To investigate the dwelling conditions, and to inspect dwellings and dwelling units located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this chapter with respect to the repair, closing or demolition of dwellings and dwelling units;

(2)

To take action, together with other appropriate departments and agencies, public and private, as may be necessary to affect rehabilitation of housing which is deteriorated;

(3)

To keep a record of the results of inspections made under this chapter 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, those entries shall be made in accordance with section 15-302 and state law, and shall be made in a manner so as to cause the least possible inconvenience to the persons in possession;

(6)

To appoint and fix the duties of officers, agents and employees as he deems necessary to assist in carrying out the purposes of this chapter, and to delegate any of his functions and powers to those officers, agents and employees; and

(7)

To perform other duties as may be prescribed herein or by the town council.

(Code 2007, § 152.12; Ord. of 8-24-1993)

(a)

For the purpose of making inspections, the enforcement officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, roominghouses, rooming units and the premises associated therewith.

(b)

The owner or occupant of every dwelling, dwelling unit, roominghouse or rooming unit or the person in charge thereof shall give the enforcement officer free access to those dwellings and premises at all reasonable times for the purposes of inspection, examination and survey.

(c)

Every occupant of a dwelling, dwelling unit, roominghouse or rooming unit shall give the owner thereof, or an agent or employee, access to any part of the dwelling or dwelling unit and its premises at all reasonable times for the purpose of making repairs or alterations as are necessary to affect compliance with the provisions of this chapter or with any lawful order issued pursuant to the provisions of this chapter.

(Code 2007, § 152.13; Ord. of 8-24-1993)

(a)

Preliminary investigation; notice; hearing.

(1)

Wherever a petition is filed with the enforcement officer by a public authority or by at least five residents of the town charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the enforcement officer, upon his own inspection, that any dwelling or dwelling unit is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for those charges, issue and cause to be served upon the owner of and parties in interest in the dwelling or dwelling unit a complaint stating the charges and containing a notice that a hearing will be held before the enforcement officer at a place therein fixed not less than ten nor more than 30 days after the serving of the complaint and the notice of hearing.

(2)

The owner and/or any party in interest shall have the right to file an answer to the complaint and/or to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint and the notice of hearing.

(3)

Notice of the hearing shall also be given to at least one of the persons signing any petition relating to the dwelling.

(4)

Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard.

(5)

The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the enforcement officer.

(b)

Procedure after hearing.

(1)

After the notice and hearing, the enforcement officer shall state in writing his determination whether the dwelling or dwelling unit is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

(2)

a.

If the enforcement officer determines that the dwelling or dwelling unit is deteriorated, he or she shall state in writing his or her findings of fact in support of that 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 the 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 90 days.

b.

The order may also direct and require the owner and persons in interest to vacate and close the dwelling or dwelling unit until the repairs, alterations and improvements have been made.

(3)

a.

If the enforcement officer determines that the dwelling is dilapidated, he or she shall state in writing his or her findings of fact to support that 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 the dwelling or dwelling unit to comply with the minimum standards of fitness established by this chapter, or requiring the owner and persons in interest to vacate and remove or demolish the same within a specified period of time not to exceed 90 days.

b.

The order may also direct and require the owner and persons in interest to vacate and close the dwelling or dwelling unit until the repairs, alterations and improvements have been made.

(c)

Failure to comply with order.

(1)

In personam remedy. If the owner and any persons in interest of any deteriorated dwelling or dwelling unit shall fail to comply with an order of the enforcement officer to repair, alter or improve or to vacate and close the same within the time specified therein, or if the owner and any persons of interest of a dilapidated dwelling or dwelling unit shall fail to comply with an order of the enforcement officer to repair, alter or improve or to vacate and close and remove or demolish the same within the time specified therein, the enforcement officer shall submit to the town council at its next regular meeting a resolution directing the town attorney to petition the county superior court for an order directing the owner to comply with the order of the enforcement officer as authorized by G.S. 160D-1208.

(2)

In rem remedy. After failure of an owner of a deteriorated or dilapidated dwelling or dwelling unit to comply with an order of the enforcement officer within the time specified therein, if injunctive relief has not been sought or has not been granted as provided in the preceding subsection (c)(1) of this section, the enforcement officer shall submit to the town council an ordinance ordering the enforcement officer to cause the dwelling or dwelling unit to be repaired, altered, improved, vacated, closed, removed or demolished, as provided in the original order of the enforcement officer, and, pending removal or demolition, to place a placard on the dwelling as provided by G.S. 160D-1203 and section 15-327.

(d)

Appeals from orders of enforcement officer.

(1)

An appeal from any decision or order of the enforcement officer may be taken by any person aggrieved thereby.

(2)

Any appeal from the enforcement officer 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 enforcement officer and with the town zoning board of adjustment a notice of appeal which shall specify the grounds upon which the appeal is based.

(3)

Upon the filing of any notice of appeal, the enforcement officer shall forthwith transmit to the town zoning board of adjustment all the papers constituting the record upon which the decision appealed from was made.

(4)

When an appeal is from a decision of the enforcement officer refusing to allow the person aggrieved thereby to do any act, his decision shall remain in force until modified or reversed.

(5)

When an appeal is from a decision of the enforcement officer requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the town zoning board of adjustment unless the enforcement officer certifies to that 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 peril to life or property, in which case the requirement shall not be suspended except for due cause shown upon not less than one day's written notice to the enforcement officer, by the town zoning board of adjustment, or by a court of record upon petition made pursuant to G.S. 160D-1208 and subsection (e) of this section.

(6)

The town zoning board of adjustment 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.

(7)

Any party may appear in person or by agent or attorney.

(8)

The town zoning board of adjustment may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make a decision and order as in its opinion ought to be made in the matter, and to that end, it collectively shall have all the powers of the enforcement officer.

(9)

The concurring vote of four members of the town zoning board of adjustment shall be necessary to reverse or modify any decision or order of the enforcement officer.

(10)

The town zoning board of adjustment 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 this chapter, to adapt the application of this chapter to the necessities of the case to the end that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

(11)

Every decision of the town zoning board of adjustment 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.

(e)

Petition to superior court. Any person aggrieved by an order issued by the enforcement officer or a decision rendered by the town zoning board of adjustment shall have the right, within 30 days after issuance of the order or the rendering of the decision, to petition the county superior court for a temporary injunction restraining the enforcement officer pending a final disposition of the cause, as provided by G.S. 160D-1208.

(Code 2007, § 152.14; Ord. of 8-24-1993)

(a)

Complaints and/or orders issued by the enforcement officer or by the town zoning board of adjustment shall be served upon persons either personally or by registered or certified mail.

(b)

If the identity or whereabouts of the persons are unknown and the same cannot be ascertained by the enforcement officer or by the town zoning board of adjustment in the exercise of reasonable diligence, the enforcement officer or the town zoning board of adjustment shall make an affidavit to that effect, and the serving of the complaint or order upon the 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 chapter in a newspaper having general circulation in the town.

(c)

Where service is made by publication, a notice of the pending proceedings or order shall be posted on the outside of the main entrance of the premises affected by the complaint or order.

(Code 2007, § 152.15; Ord. of 8-24-1993)

(a)

After failure of an owner of a dwelling or dwelling unit to comply with an order of the enforcement officer issued pursuant to the provisions of this chapter, and upon adoption by the town council of an ordinance authorizing and directing him to do so, as provided by G.S. 160D-1203 and section 15-303(c), the enforcement officer shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with the minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the town council, and shall cause to be posted on the main entrance of the dwelling or dwelling unit 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."

(b)

Occupation of a building so posted shall constitute a misdemeanor.

(c)

Each ordinance shall be recorded in the office of the register of deeds for the county and shall be indexed in the name of the property owner and/or party in interest in the grantor index and in the name of the town in the grantee index, as provided by G.S. 160D-1203.

(Code 2007, § 152.30; Ord. of 8-24-1993)

(a)

As provided by G.S. 160D-1203, 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 enforcement officer pursuant to section 15-327, shall be a lien against the real property upon which the cost was incurred.

(b)

The lien shall be filed, have priority and be collected in the same manner as the lien for special assessments established by G.S. ch. 160A, art. 10 (G.S. 160A-1001 et seq.).

(c)

If the dwelling is removed or demolished by the enforcement officer, he shall sell the materials of the dwelling, and any personal property, fixtures or appurtenances found in or attached to the dwelling and shall credit the proceeds of the sale against the cost of the removal or demolition.

(d)

Any balance remaining shall be deposited in the office of the clerk of county superior court by the enforcement officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.

(Code 2007, § 152.31; Ord. of 8-24-1993)

If any occupant fails to comply with an order to vacate a dwelling, the enforcement officer may file a civil action in the name of the town to remove the occupant, as provided by G.S. 160D-1203.

(Code 2007, § 152.32; Ord. of 8-24-1993)

(a)

Neither this chapter nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by process as authorized by G.S. 14-4 and section 15-333.

(b)

The enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.

(Code 2007, § 152.33; Ord. of 8-24-1993)

(a)

All appeals which may be taken from decisions or orders of the enforcement officer pursuant to section 15-303(d) shall be heard and determined by the town zoning board of adjustment.

(b)

As the appeals body, the town zoning board of adjustment shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.

(c)

The town zoning board of adjustment shall perform the duties prescribed by section 15-303(d) and shall keep an accurate journal of all its proceedings.

(d)

If the town zoning board of adjustment consists of more than five members, the chairperson shall designate five members to hear appeals under this chapter.

(Code 2007, § 152.34; Ord. of 8-24-1993)

In the event any provision, standard or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the town shall prevail.

(Code 2007, § 152.35; Ord. of 8-24-1993)

(a)

(1)

It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the enforcement officer duly made and served as herein provided, within the time specified in the order.

(2)

Each day that any like failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense.

(b)

(1)

It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to section 15-303, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing.

(2)

Each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.

(c)

The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. 14-4, subject to a fine not to exceed $50.00 or imprisonment not to exceed 30 days.

(d)

In addition to the penalty and remedies provided by other provisions of this chapter, this chapter may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.

(Code 2007, § 152.36; Ord. of 8-24-1993)