§ 14-125. Mandatory initial meeting and remedial action program.  


Latest version.
  • (a)

    A mandatory initial meeting shall be held between the owner or registered agent, the police official, and code services official within fifteen (15) days from the date the notice was sent to the owner of the property unless otherwise agreed to by the parties. The initial meeting may be held in person or by telephone. In the event there are multiple owners, the owner or registered agent attending the initial meeting must have power of attorney to execute the plan on behalf of the other Owners. If the owner or registered agent is a legal entity other than a natural person, including but not limited to a corporation, partnership, or limited liability company, the mandatory initial meeting shall be attended by an officer, manager, or other individual with authority to execute the plan on behalf of the entity.

    (b)

    At the mandatory initial meeting, the police official, code services official and the owner or registered agent shall, at a minimum, review the following:

    (1)

    Residential rental property registration requirements;

    (2)

    The data that established that the property falls above the disorder threshold;

    (3)

    Any relevant evidence provided by the owner or registered agent that may establish that the unit or property does not fall at or above the disorder threshold;

    (4)

    Whether or not the owner knew or should have known that the disorder activity was occurring on the property;

    (5)

    Code enforcement actions.

    (c)

    After reviewing all the evidence, any previously identified disorder activity that is found to not either have occurred on or in the property, or does not clearly meet the definition of a disorder activity, shall be discounted, and not considered by the code services official and police official. In the event the adjusted disorder activity results in the unit being below the disorder threshold, then no further action shall be taken and residential rental property registration shall not be required.

    (d)

    In the event that the adjusted disorder activity for the unit or property results in the unit or property remaining above the disorder threshold, then the property will be designated in need of remedial action (INRA). The owner or registered agent, police official, and code services official shall develop and sign a remedial action program for the residential rental unit. A three-month review date shall be set in the remedial action program.

    (e)

    In the event the owner or registered agent fails to attend the mandatory initial meeting without just cause, the police official and code services official shall review all the evidence concerning the property pursuant to subsections (b), (c) and (d) of this section. Upon a finding that the adjusted disorder activity results in the residential rental unit being at or above the disorder threshold, the police official and code services official shall refer the property to the city attorney's office for determination of whether a public nuisance action as defined by Chapter 19 of the North Carolina General Statutes or any other legal or equitable remedy is warranted.

(Ord. No. 2017-41, § 1(Exh. A), 7-11-17)