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ORD-2021-015-Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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ORD-2021-015-Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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Last modified
5/20/2021 9:38:27 AM
Creation date
5/20/2021 9:35:32 AM
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BOCC
Date
5/18/2021
Meeting Type
Business
Document Type
Agenda
Agenda Item
5-a
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Agenda - 05-18-2021; 5-a - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
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( 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 complain WheReVeF it appear to the P61191 • n#iGer <br /> that ally dwelliRg GF dwelling unit dGeG RGt meet minimum tandardS GGntaiRed in this OrdinaRGe , he <br /> Inr4l � rR In in A % AI <br /> stating the charges and containing a notice that a hearing will beheld before <br /> the his-9fisPublic 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 his Offise Public 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 . 160M49 . <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 <br />
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