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<br /> (a) Whenever a petition is filed with the Public Officer by an occupant, a public authority, or by at least
<br /> five residents of the jurisdiction charging that any dwelling is unfit for human habitation or when it
<br /> appears to the Public Officer that any dwelling is unfit for human habitation, the Public Officer shall, if
<br /> a preliminary investigation discloses a basis for such charges, issue and cause to be served upon the
<br /> owner of and parties in interest in such dwellings a complaintWhiznPvtzr to the o,ihlir Offinothat any dwelling or dwelling unit does not rnee rni.n.i.rn u.P.A. s;t,and__;;rd_s in this QrdinanGe, he
<br /> shall issue and r-,ause to be seNed upon the AlAfner and the parties sur-h PlIMP11
<br /> dwelling unit a,.,,,,hint stating the charges and containing a notice that a hearing will be held before
<br /> the Pub G Public Officer at a place therein fixed, not less than ten nor more than 30 days after
<br /> the serving of the complaint. The owner or any party in interest shall have the right to file an answer
<br /> to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed
<br /> in the complaint. Notice of such hearing shall also be given to at least one of the persons signing a
<br /> petition relating to such dwelling. Any person desiring to do so may attend such hearing and give
<br /> evidence relevant to the matter being heard. The rules of evidence prevailing in the courts of this State
<br /> shall not be controlling in hearings before the Pub PubliG OffiGerPublic Officer.
<br /> (b) Orders.—If, after notice and an administrative hearing, the Public Officer determines that the dwelling
<br /> under consideration is unfit for human habitation, the officer shall state in writing findings of fact in
<br /> support of that determination and shall issue and cause to be served upon the owner one of the
<br /> following orders, as appropriate:
<br /> (1) If the repair, alteration, or improvement of the dwelling can be made at a reasonable cost in relation
<br /> to the value of the dwelling, an order requiring the owner, within the time specified, to repair, alter,
<br /> or improve the dwelling in order to render it fit for human habitation. The order may require that the
<br /> Property be vacated and closed only if continued occupancy during the time allowed for repair will
<br /> present a significant threat of bodily harm, taking into account the nature of the necessary repairs,
<br /> alterations, or improvements; the current state of the property; and any additional risks due to the
<br /> presence and capacity of minors under the age of 18 or occupants with physical or mental
<br /> disabilities. The order shall state that the failure to make timely repairs as directed in the order shall
<br /> make the dwelling subject to the issuance of an unfit order under subsection (b)(3) of this section.
<br /> (2) If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost in
<br /> relation to the value of the dwelling, an order requiring the owner, within the time specified in the
<br /> order, to remove or demolish the dwelling. However, notwithstanding any other provision of law, if
<br /> the dwelling is located in a historic district and the Historic District Commission determines, after
<br /> an administrative hearing as provided by this Ordinance, that the dwelling is of particular
<br /> significance or value toward maintaining the character of the district, and the dwelling has not been
<br /> condemned as unsafe, the order may require that the dwelling be vacated and closed consistent
<br /> with G.S. 160D-949.
<br /> (3) Repair, closing, and posting. — If the owner fails to comply with an order to repair, alter, or improve
<br /> or to vacate and close the dwelling, the Public Officer may cause the dwelling to be repaired,
<br /> altered, or improved, or to be vacated and closed, and the Public Officer may cause to be posted
<br /> as provided in Section 20-48(b). The duties of the Public Officer set forth in this subsection (b)(3)
<br /> shall not be exercised until the Board of County Commissioners shall have by ordinance ordered
<br /> the Public Officer to proceed to effectuate the purpose of this subsection with respect to the
<br /> particular property or properties that the Public Officer shall have found to be unfit for human
<br /> habitation and which property or properties shall be described in the ordinance. The property
<br /> specific ordinance shall be recorded in the office of the register of deeds in the county where the
<br /> Property or properties are located and shall be indexed in the name of the property owner in the
<br /> grantor index.
<br /> (4)Demolition.— If the owner fails to comply with an order to remove or demolish the dwelling, or if the
<br /> Public Officer determines the dwelling is dilapidated, the Public Officer may cause such dwelling to
<br /> be removed or demolished. The duties of the Public Officer set forth in this subsection (b)(4) shall
<br /> not be exercised until the Board of County Commissioners shall have by ordinance ordered the
<br /> Public Officer to proceed to effectuate the purpose of this subsection with respect to the particular
<br /> property or properties that the Public Officer shall have found to be unfit for human habitation and
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