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Agenda - 06-01-2021; 8-g - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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Agenda - 06-01-2021; 8-g - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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5/27/2021 11:57:58 AM
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6/1/2021
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Business
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Agenda
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8-g
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Agenda for June 1, 2021 Board Meeting
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12 <br /> (3) Whenever the Board of County Commissioners has determined periodic inspections are <br /> necessary as part of a targeted effort to respond to blighted or potentially blighted conditions <br /> within a geographic area that has been designated by the Board of County Commissioners. <br /> However, the total aggregate of targeted areas in the County's jurisdiction at any one time shall <br /> not be greater than 1 square mile or five percent(5%)of the area within the County's jurisdiction, <br /> whichever is greater. A targeted area designated by the Board of County Commissioners shall <br /> reflect the County's stated neighborhood revitalization strategy and shall consist of property that <br /> meets the definition of a "blighted area" or "blighted parcel" as those terms are defined in G.S. <br /> 160A-503(2) and G.S. 160A-503(2a), respectively, except that for purposes of this subsection, <br /> the planning board is not required to make a determination as to the property. The County shall <br /> not discriminate in its selection of areas or housing types to be targeted and shall; <br /> (i) provide notice to all owners and residents of properties in the affected area about the <br /> periodic inspections plan and information regarding a legislative hearing regarding the plan, <br /> (ii) hold a legislative hearing regarding the plan, and <br /> (iii) establish a plan to address the ability of low-income residential property owners to comply <br /> with minimum housing code standards. <br /> (b) The owner and occupant of every dwelling, dwelling unit, rooming house and rooming unit, or the <br /> person in charge thereof, shall give the Public Officer free access to such dwelling, dwelling unit, <br /> rooming house or rooming unit and its premises at all reasonable times and in a reasonable manner <br /> for the purposes of such inspection, examination and survey consent of the occupant in actual <br /> possession or in control of the premises shall be sufficient permission to the Public Officer to enter <br /> upon the premises. Whenever the Public Officer is denied permission to enter upon and inspect the <br /> premises, by the occupant, the Public Officer may obtain a warrant authorizing them to conduct such <br /> inspection of the premises as authorized by North Carolina General Statutes § 15-27.2. <br /> (c) Every occupant or person in possession of a dwelling, dwelling unit, rooming house or rooming unit <br /> shall give the owner thereof, their agent or employee, access to any part of such dwelling or dwelling <br /> unit and its premises at reasonable times and in a reasonable manner for the purpose of making such <br /> repairs and alterations as are necessary to effect compliance with the standards contained in this <br /> Ordinance or with any lawful order issued pursuant to the provisions of this Ordinance. <br /> (Ord. of 2-21-1984, art. 14, eff. 7-1-1984) <br /> Sec. 20-45. - Procedure for enforcement. <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 complaint stating the charges and containing a <br /> notice that a hearing will be held before the Public Officer at a place therein fixed, not less than ten <br /> nor more than 30 days after the serving of the complaint. The owner or any party in interest shall have <br /> the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony <br /> at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one <br /> of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend <br /> such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing <br /> in the courts of this State shall not be controlling in hearings before the 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 />
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