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part, the various procedural steps are established by state law and are <br /> not subject to change. The enabling legislation does allow a local <br /> government to designate either its board of adjustment or a housing <br /> appeals board to hear appeals from orders and decisions of the building <br /> inspector under this ordinance should the local government decide to <br /> delegate this function, Therefore, Section 19 of the ordinance has been <br /> drafted in alternate forms, and the County must choose Jane of these options. <br /> The enforcement sections authorize the building inspector to enter and <br /> examine dwellings and the premises after obtaining permission to enter or a <br /> warrant to determine compliance with the ordinance. An inspection of a <br /> dwelling unit may be demanded by a public authority (such as the Health <br /> Department or the Fire Departmen) or by 5 citizens. The latter provision <br /> is designed to protect the landlord (and inspector) from harassment by a <br /> disgrunted individual, but at the same time to provide a truly aggrieved <br /> tenant, or the community at large, a means of initiating action. <br /> -----_. ________,If_the_inapeetion o <br /> shows the unit is substandard, the inspector issues <br /> a complaint and a hearing is held, The inspector must determine whether <br /> a unit is deteriorated or dilapidated. (A deteriorated unit is one that <br /> can only be brought into compliance for 50% or less of its value; a dilapidat <br /> unit is one that can only be brought into compliance for more than 50% of its <br /> value.) If the unit is deteriorated, the inspector will issue an order to <br /> repair or vacate, If it is dilipidated, the unit must be fixed or torn down, <br /> This is based on the idea that it is detrimental to the public welfare to <br /> allow dilapidated buildings to stand. <br /> Unless there's an appeal, the County can enforce the inspector's order <br /> 1) seeking a court order or 2) completing the repairs, closing or demolitio <br /> and billing the owner. The costs will be a lien on the premises. , <br /> If there is an appeal, the County Commissioners or other duly <br /> constituted appeals board would hear it. If dissatisfied with the result <br /> of the appeal, the property owner may petition the superior court for a <br /> temporary injunction. <br /> A violation of the ordianance is a misdemeanor, as provided in <br /> G.S, 14-4. <br /> ENFORCEMENT POLICY <br /> The effectiveness of the Housing Code will rest in part on some policy <br /> decisions that are not contained in the ordinance. A large portion of our C <br /> poorest housing units are rental units, and the ordinance applies only to t1- <br /> units. It is recommended that inspections in response to complaints be give <br /> top priority by the building inspector. In this way, some of the worst houe <br /> problems can be resolved with a limited inspection staff. <br /> Finally, every effort should be made to prevent the enforcement of the <br /> code from causing persons to lose their place to live. The cooperation of <br /> the inspector and the owners will be critical. The experience in other town <br /> has shown that housing codes can be enforced and dwellings upgraded withou <br /> displacement and condemnation when the code is used in conjunction with <br /> rehabilitation and community development resources. <br /> -ii- <br />