§ 7-301. Procedure for enforcement.

(a)

Preliminary investigation. In accordance with G.S. 160A-443, whenever a petition is filed with the housing inspector charging that any dwelling is unfit for human habitation, to whenever it appears to the inspector, upon inspection, that any dwelling is unfit for human habitation, he shall, if his preliminary investigation discloses a basis for such charges, schedule a hearing.

(b)

Notice. The housing inspector shall issue and cause to be served upon the owner of and parties in interest in such dwelling a complaint stating the charges and containing a notice that a hearing will be held before the inspector at a place therein fixed, not less than ten (10) nor more than thirty (30) days after the serving of the complaint.

(c)

Hearing. The owner or any part in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Notice of such hearing shall also be given to at least one (1) of the persons signing a petition relating to such dwelling. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the inspector.

(d)

Procedure after hearing.

(1)

After such notice and hearing, the inspector shall state in writing his determination whether the dwelling is unfit for human habitation, and, if so, whether it is deteriorated or dilapidated.

(2)

If the inspector determines that the dwelling is deterioriated, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to repair, alter, or improve such dwelling, or to vacate and close such dwelling as a human habitation until such repairs, alterations, and improvements have been made. The owner shall comply with the minimum standards of fitness established by this article within a specified period of time, not to exceed ninety (90) days.

(3)

If the inspector determines that the dwelling is dilapidated, he shall state in writing his findings of fact to support such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner either to repair, alter or improve such dwelling to comply with the minimum standards of fitness established by this article, or else to vacate and remove or demolish the same within a specified period of time not to exceed ninety (90) days.

(Ord. of 11-21-94)