(A) Complaints or orders issued by the inspector pursuant to this subchapter shall be served upon persons either personally or by registered or certified mail, return receipt requested or any method permissible under G.S. § 1A-1, Rule 4 Process. When service is made by registered or certified mail, a copy of the complaint or order will also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If regular mail is used, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected.
(B) If the whereabouts of such persons are unknown and cannot be ascertained by the inspector in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the inspector shall make an affidavit to that effect, and the serving of such complaint, ordinance or order upon such person may be made by publication in a newspaper having general circulation in the town at least once, no later than the time at which personal service is required. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order.
(C) That whenever a determination is made pursuant to § 93.68 of this subchapter that a dwelling must be vacated and closed, or removed or demolished, notice of the order shall be given by first-class mail to any organization involved in providing or restoring dwellings for affordable housing that has filed a written request for such notices. A minimum period of 45 days from the mailing of such notice shall be given before removal or demolition by action of the inspector, to allow the opportunity for any organization to negotiate with the owner to make repairs, lease, or purchase the property for the purpose of providing affordable housing. The inspector or Town Clerk shall certify the mailing of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization that has filed a written request for such notices may raise the issue of failure to mail such notices, and the sole remedy shall be an order requiring the inspector to wait 45 days before causing removal or demolition.
(Ord. passed 3-17-2015; Am. Ord. passed 8-15-2022)