ORD-2021-015-Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance

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dwelling . The clerk of superior court shall issue a summons requiring the defendant to appear before a magistrate at a certain time , date , and place not to exceed 10 days from the issuance of the summons to answer the complaint . The summons and complaint shall be served as provided in G . S . 42 -29 . If the summons appears to have been duly served and if at the hearing the Public Officer produces a certified copy of an ordinance adopted by the Board of County Commissioners pursuant to subdivision (5 ) of this section authorizing the officer to proceed to vacate the occupied dwelling , the magistrate shall enter judgment ordering that the premises be vacated and that all persons be removed . The judgment ordering that the dwelling be vacated shall be enforced in the same manner as the judgment for summary ejectment entered under G . S . 42 - 30 . An appeal from any judgment entered hereunder by the magistrate may be taken as provided in G . S . 7A -228 , and j the execution of such judgment may be staved as provided in G . S . 7A -227 . An action to remove an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at least 30 days before the filinq of the summary ejectment proceeding that the Board of County Commissioners has ordered the Public Officer to proceed to exercise her or his duties under subsections (4 ) and ( 5 ) of this section to vacate and close or remove and demolish the dwelling . ( 8 ) Additional notices to affordable housing organizations . — Whenever a determination is made pursuant to subsection ( b ) of this section that a dwelling must be vacated and closed , or removed or demolished , under the provisions of this section , notice of the order shall be given by first -class mail to anV organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices . A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the Public Officer , to allow the opportunity for any organization to negotiate with the owner to make repairs , lease , or purchase the property for the purpose of providing affordable housing . The Public Officer or clerk shall certify the mailing of the notices , and the certification shall be conclusive in the absence of fraud . Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices , and the sole remedy shall be an order requiring the Public Officer to wait 45 days before causing removal or demolition . dwelling oF dwelling URit GOMPlieS With the minimum 6tandaFdS GORtaffined in this OFdinaRGe , and if No ( 1 ) if the P61bliG Offir." e. . determines that the dwel iRg 9F dwel ! ; Rg wRit is deteFieFated , he shall state iR hquiQ h ® ® n mr+ rJa i' theFeef an erdeF dir-eGtiRg and requipiRg the ewRer either to repaiF, alter GF improve SuGh dwelling FeMGVe , eF demolish the sa .m. e. within a speGified peried Gf tome RE)t to ex.Geed 90 days ( Ord . of 2 -21 - 1984 , art . 15 , eff. 7 - 1 - 1 984) Sec . 20-46 . - Appeals from decisions and orders of public officer . (a) An appeal from any decision or order of the Public Officer may be taken by any person aggrieved thereby within ten days from the rendering of the decision or service of the order, and shall be taken by filting with the Public Officer and the Orange County Board of Adjustment notice of appeal which shall specify the grounds upon which the appeal is based . Upon the filing of any notice of appeal , the Public Officer shall forthwith transmit to the Board all the papers constituting the record upon which the decision appealed from was made . When an appeal is from a decision of the Public Officer refusing to allow the person aggrieved thereby to do any act , the Public Officer"his decision shall remain in