Unified Development Ordinance

Sec. 11.6.8. Service of Order, Contents

Sec. 11.6.8. Service of Order, Contents aaron.sheppard… Wed, 05/24/2023 - 10:14

If after notice and hearing, the inspector determines that the dwelling is unfit for human habitation pursuant to the minimum housing code standards of Sec. 11.6.3., 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 other parties having an interest in the dwelling, an order stating the following:

  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, not to exceed 50 percent of the value, requiring the owner within the time specified, to repair, alter or improve such dwelling to render it fit for human habitation or vacate and close the dwelling as a human habitation; or
  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, not to exceed 50 percent of the value, requiring the owner, within the time specified in any event and not less than 90 days, to repair, alter or improve such dwelling to render it fit for human habitation, or remove or demolish such dwelling.
  3. Dwellings ordered vacated and closed shall have all outer doors firmly locked and basement, cellar and first-story windows barred or boarded to prevent entry, and shall not again be used for human habitation until a Certificate of Housing Code Compliance has been issued pursuant to Sec. 11.6.6.C.
  4. If the owner has vacated and closed a dwelling pursuant to an order issued by the inspector as provided in Sec. 11.6.8.A., or if a dwelling is vacated and closed by the owner by the order of an ordinance adopted by Council and remains vacated and closed for a period of 1 year pursuant to the order or ordinance; and if the Council shall 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, morals and welfare of the municipality 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 property values in the area, and would render unavailable property and a dwelling which might otherwise have been made available to ease the persistent shortage of decent and affordable housing in this State; then in such circumstances, after the expiration of such 1-year period, the Council may enact an ordinance and serve such ordinance upon the owner, requiring that the owner either:
    1. Repair or demolish and remove the dwelling within 90 days, if the repair necessary to render the dwelling fit for human habitation would cost less than 50 percent of the present value of the dwelling; or
    2. Demolish and remove the dwelling within 90 days if the repair necessary to render the dwelling fit for human habitation would cost in excess of 50 percent of the present value of the dwelling. Such order shall be recorded in the Register of Deeds of Wake County and shall be indexed in the name of the property owner in the grantor index. If the owner fails to comply with this order within the time fixed by such order, then the City shall cause such dwelling to be repaired or demolished and removed pursuant to said order. The cost of such repairs, alterations, improvements, or demolition and removal shall be a lien on the property as prescribed in Sec. 11.6.14.
  5. Whenever a determination is made pursuant to this Article that a dwelling must be vacated and closed, or removed, or demolished, notice of the order shall be given by first class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request with the City for such notices. No removal or demolition by action of the public officer shall occur until a minimum of 45 days has elapsed from the mailing of such notice.