North Carolina SB 570: Housing Violation Closings.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S 1

SENATE BILL 570*

Short Title: Housing Violation Closings. (Public)
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Sponsors: Senator Block.
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Referred to: Local Government and Regional Affairs.
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April 11, 1991

A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE CITIES TO VACATE AND CLOSE CERTAIN 2
DWELLINGS FOUND TO BE IN VIOLATION OF THE MINIMUM HOUSING 3
CODE. 4
The General Assembly of North Carolina enacts: 5
Section 1. G.S. 160A-443 reads as rewritten: 6
"§ 160A-443. Ordinance authorized as to repair, closing and demolition; order of 7
public officer. 8
Upon the adoption of an ordinance finding that dwelling conditions of the character 9
described in G.S. 160A-441 exist within a city, the governing body of the city is hereby 10
authorized to adopt and enforce ordinances relating to dwellings within the city's 11
territorial jurisdiction that are unfit for human habitation. These ordinances shall include 12
the following provisions: 13
(1) That a public officer be designated or appointed to exercise the powers 14
prescribed by the ordinance. 15
(2) That whenever a petition is filed with the public officer by a public 16
authority or by at least five residents of the city charging that any 17
dwelling is unfit for human habitation or whenever it appears to the 18
public officer (on his own motion) that any dwelling is unfit for human 19
habitation, the public officer shall, if his preliminary investigation 20
discloses a basis for such charges, issue and cause to be served upon 21
the owner of and parties in interest in such dwellings a complaint 22
stating the charges in that respect and containing a notice that a 23
hearing will be held before the public officer (or his designated agent) 24

GENERAL ASSEMBLY OF NORTH CAROLINA 1991
Page 2 SENATE BILL 570* version 1
at a place within the county in which the property is located fixed not 1
less than 10 days nor more than 30 days after the serving of the 2
complaint; that the owner and parties in interest shall be given the right 3
to file an answer to the complaint and to appear in person, or 4
otherwise, and give testimony at the place and time fixed in the 5
complaint; and that the rules of evidence prevailing in courts of law or 6
equity shall not be controlling in hearings before the public officer. 7
(3) That if, after notice and hearing, the public officer determines that the 8
dwelling under consideration is unfit for human habitation, he shall 9
state in writing his findings of fact in support of that determination and 10
shall issue and cause to be served upon the owner thereof an order, 11
a. If the repair, alteration or improvement of the dwelling can be 12
made at a reasonable cost in relation to the value of the 13
dwelling (the ordinance of the city may fix a certain percentage 14
of this value as being reasonable), requiring the owner, within 15
the time specified, to repair, alter or improve the dwelling in 16
order to render it fit for human habitation or to vacate and close 17
the dwelling as a human habitation; or 18
b. If the repair, alteration or improvement of the dwelling cannot 19
be made at a reasonable cost in relation to the value of the 20
dwelling (the ordinance of the city may fix a certain percentage 21
of this value as being reasonable), requiring the owner, within 22
the time specified in the order, to remove or demolish such 23
dwelling. However, notwithstanding any other provision of 24
law, if the dwelling is located in a historic district of the city 25
and the Historic District Commission determines, after a public 26
hearing as provided by ordinance, that the dwelling is of 27
particular significance or value toward maintaining the 28
character of the district, and the dwelling has not been 29
condemned as unsafe, the order may require that the dwelling 30
be vacated and closed. 31
(4) That, if the owner fails to comply with an order to repair, alter or 32
improve or to vacate and close the dwelling, the public officer may 33
cause the dwelling to be repaired, altered or improved or to be vacated 34
and closed; that the public officer may cause to be posted on the main 35
entrance of any dwelling so closed, a placard with the following 36
words: ‘This building is unfit for human habitation; the use or 37
occupation of this building for human habitation is prohibited and 38
unlawful.' Occupation of a building so posted shall constitute a 39
misdemeanor. 40
(5) That, if the owner fails to comply with an order to remove or demolish 41
the dwelling, the public officer may cause such dwelling to be 42
removed or demolished. The duties of the public officer set forth in 43
subdivisions (4) and (5) shall not be exercised until the governing body 44

1991 GENERAL ASSEMBLY OF NORTH CAROLINA
SENATE BILL 570* version 1 Page 3
shall have by ordinance ordered the public officer to proceed to 1
effectuate the purpo