compliance with the provisions of this Article or with any lawful order issued pursuant to the provisions of this Article.
o. Procedure for Enforcement
(1) Preliminary Investigation. Whenever a petition is filed with the Inspector by a public authority, including but not limited to the Housing Authority of the County of Wake, or by at least five (5) residents of the Town's jurisdiction, charging that any dwelling or dwelling unit is unfit for human habitation, or whenever it appears to the Inspector, upon inspection, that any dwelling or dwelling unit is unfit for human habitation, a preliminary investigation shall be performed. (2) Notice & Hearing. If a preliminary investigation discloses a basis for such charge(s), the Inspector shall issue and cause to be served upon the owner(s) of, and parties in interest in such dwelling or dwelling unit, a complaint stating the charge(s) and containing a notice that a hearing will be held before the Inspector at a place therein fixed not less than 10 nor more than 30 days after the serving of the complaint. The owner(s) and other interested parties shall 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. (3) Procedure after Hearing. After such notice and hearing, the Inspector shall state in writing his determination whether such dwelling or dwelling unit is unfit for human habitation, and if so whether it is deteriorated or dilapidated. If the Inspector determines that the dwelling or dwelling unit is deteriorated, 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, and improve such dwelling or dwelling unit to comply with the minimum standards of fitness established by this Article within a specified period of time, not to exceed 90 days. Such order may also direct and require the owner to vacate and close such dwelling or dwelling unit until such repairs, alterations and improvements have been made. (4) Issuance of Order. 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 to comply with the minimum standards of fitness established by this Article, or else vacate and remove or demolish the same within a specified period of time not to exceed 90 days.
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