§ 4-37. Complaint and notice of hearing.

If a building or structure has been condemned by the inspector as unsafe pursuant to section 4-35, the inspector shall serve the owner with a written complaint and notice of hearing which notice shall state that:

(1)

The building or structure is condemned due to its condition that appears to constitute a fire or safety hazard or appears to be dangerous to life, health or other property and that it is held to be unsafe; and

(2)

A hearing will be held before the Inspector at a designated place and time, which time shall be not less than ten (10) days nor more than thirty (30) days after the date of such notice, and that at such hearing the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

(3)

Following the hearing, the Inspector may issue such order to repair, close, vacate or demolish the building or structure as the Inspector deems to be appropriate under the existing conditions.

Upon the issuance of a complaint and notice of hearing pursuant to this section, the inspector may cause the filing of a notice of lis pendens, with a copy of the complaint and notice of hearing attached thereto, in the office of the clerk of Superior Court of Cabarrus or Rowan County, as applicable, to be indexed and cross-indexed in accordance with the indexing procedures of the North Carolina General Statutes. The inspector shall cause a copy of the notice of lis pendens to be served upon the owner of the building or structure at the time of filing in accordance with G.S. Section 160A-428 as applicable. Upon compliance with the requirements of any order issued based upon such complaint and hearing, the inspector shall direct the clerk of superior court to cancel the notice of lis pendens.

(Ord. of 9-23-02)