Agenda - 06-01-2021; 8-g - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance

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13 support of that determination and shall issue and cause to be served upon the owner one of the following orders, as appropriate: (1) If the repair,alteration,or improvement of the dwelling can be made at a reasonable cost in relation to the value of the dwelling, an order requiring the owner, within the time specified, to repair, alter, or improve the dwelling in order to render it fit for human habitation. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the necessary repairs, alterations, or improvements; the current state of the property; and any additional risks due to the presence and capacity of minors under the age of 18 or occupants with physical or mental disabilities. The order shall state that the failure to make timely repairs as directed in the order shall make the dwelling subject to the issuance of an unfit order under subsection (b)(3)of this section. (2) If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost in relation to the value of the dwelling, an order requiring the owner, within the time specified in the order, to remove or demolish the dwelling. However, notwithstanding any other provision of law, if the dwelling is located in a historic district and the Historic District Commission determines, after an administrative hearing as provided by this Ordinance, that the dwelling is of particular significance or value toward maintaining the character of the district, and the dwelling has not been condemned as unsafe, the order may require that the dwelling be vacated and closed consistent with G.S. 160D-949. (3) Repair, closing, and posting. — If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the dwelling, the Public Officer may cause the dwelling to be repaired, altered, or improved, or to be vacated and closed, and the Public Officer may cause to be posted as provided in Section 20-48(b). The duties of the Public Officer set forth in this subsection (b)(3) shall not be exercised until the Board of County Commissioners shall have by ordinance ordered the Public Officer to proceed to effectuate the purpose of this subsection with respect to the particular property or properties that the Public Officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. The property specific ordinance shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index. (4)Demolition.—If the owner fails to comply with an order to remove or demolish the dwelling, or if the Public Officer determines the dwelling is dilapidated, the Public Officer may cause such dwelling to be removed or demolished. The duties of the Public Officer set forth in this subsection (b)(4) shall not be exercised until the Board of County Commissioners shall have by ordinance ordered the Public Officer to proceed to effectuate the purpose of this subsection with respect to the particular property or properties that the Public Officer shall have found to be unfit for human habitation and which property or properties shall be described in the ordinance. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code. The property specific ordinance shall be recorded in the office of the register of deeds in the county where the property or properties are located and shall be indexed in the name of the property owner in the grantor index. Prior to making a final determination to remove or demolish a dwelling the Public Officer shall consult with an Orange County code enforcement official as that term is defined herein. (5)Abandonment of Intent to Repair.— If the dwelling has been vacated and closed for a period of one year pursuant to an ordinance adopted pursuant to subsection (b)(3)of this section or after a Public Officer issues an order or proceedings have commenced under the substandard housing regulations regarding a dwelling to be repaired or vacated and closed as provided in this subsection, then the Board of County Commissioners may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation and that the continuation of the dwelling in its vacated and closed status would be inimical to the health, safety, and welfare of the public in that the dwelling would continue to deteriorate, would create a fire and safety hazard, would be a threat to children and vagrants, would attract persons intent on criminal activities, would cause or contribute to blight and the deterioration of