§ 14-126. First three-month review of remedial action program.

(a)

On or about the first three-month review date, the owner or registered agent, police official, and code services official shall review the disorder activity in or on the residential rental property since the date of the remedial action program and determine the disorder activity for the unit or property from the previous three-month period. If the disorder activity would no longer result in the unit being at or above the disorder threshold, then the in need of remedial action (INRA) designation shall be removed and the owner shall be issued a certificate of compliance. No further review requirements or registration shall be required. Nothing in this section prohibits the owner from voluntarily continuing the implementation of an agreed upon plan of action.

(b)

If the unit continues to fall at or above the disorder threshold, and any required tasks or steps contained in the remedial action program have not been addressed, then the police official and code services official shall determine whether the owner has complied in good faith with the remedial action program.

In determining whether the owner has acted in good faith, police official and code services official shall weigh the following factors:

(1)

Whether the owner or registered agent has regularly met with the police official and code services official as requested;

(2)

Whether the owner has exhausted all resources reasonably available to the owner in order to comply with the terms of the remedial action program;

(3)

Whether the owner has intentionally ignored a term of a remedial action program;

(4)

Whether the disorder activity on the unit or property constitutes a public nuisance as defined by Chapter 19 of the North Carolina General Statutes.

(c)

If there is clear and convincing evidence that the owner has acted in good faith to comply with the remedial action program, then the police official and code services official may amend the remedial action program as necessary and set a second three-month review date.

(d)

If the owner is found not to have acted in good faith, then the police official and code services official shall continue the designation in need of remedial action (INRA), amend the remedial action program, and set a second three-month review date. Alternatively, the property may be referred to the city attorney's office for a determination of whether a public nuisance action under 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)