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(A) Complaints or orders issued by the Inspector shall be served upon persons either personally or by registered or certified mail.
(B) If the whereabouts of the persons are unknown and the same cannot be ascertained by the Inspector in the exercise of reasonable diligence, the Inspector shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publishing the same at least once no later than the time at which personal service would be required under the provisions of this chapter in a newspaper having general circulation in the town.
(C) 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.
(Ord. – § 15, passed 8-27-1990)
(A) After failure of on owner of a dwelling or dwelling unit to comply with an order of the Inspector issued pursuant to the provisions of this chapter, and upon adoption by the Council of an ordinance authorizing and directing him or her to do so, as provided by G.S. § 160A-433(5) and § 150.28(C) above, the Inspector shall proceed to cause the dwelling or dwelling unit to be repaired, altered or improved to comply with minimum standards of fitness established by this chapter, or to be vacated and closed and removed or demolished, as directed by the ordinance of the Council, and shall cause to be posted on the main entrance of the dwelling or dwelling unit a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
(B) Occupation of a building so posted shall constitute a misdemeanor. Each ordinance shall be recorded in the office of the Register of Deeds in the county wherein the property is located, and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. § 160A-443(5).
(Ord. – § 16, passed 8-27-1990) Penalty, see § 150.99
(A) As provided by G.S. § 160A-446(6), the costs of any repairs, alterations or improvements, or of vacating and closing, or removal or demolition, caused to be made or done by the Inspector pursuant to § 150.30 above shall be a lien against the real property upon which the cost was incurred.
(B) The lien shall be filed, having priority, and be collected in the same manner as the lien for special assessments established by G.S. Ch. 160A, Article 10.
(Ord. – § 17, passed 8-27-1990)
Neither this chapter nor any of its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this chapter by criminal process as authorized by G.S. § 14-4 and § 150.34 below, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(Ord. – § 18, passed 8-27-1990)
(A) All appeals which may be taken from decisions or orders of the Inspector pursuant to § 150.28(D) above shall be heard and determined by the Zoning Board of Adjustment.
(B) As the appeals body, the Board shall have the power to fix the times and places of its meetings, to adopt necessary rules of procedure and any other rules and regulations which may be necessary for the proper discharge of its duties.
(C) The Board shall perform the duties prescribed by § 150.28(D) above and shall keep an accurate journal of all its proceedings.
(D) If the Zoning Board of Adjustment consists of more than 5 members, the Chairperson shall designate 5 members to hear appeals under this chapter.
(Ord. – § 19, passed 8-27-1990)
In the event any provision, standard or requirement of this chapter is found to be in conflict with any provision of any other ordinance or code of the town, the provision which establishes the higher standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the town shall prevail.
(Ord. – § 20, passed 8-27-1990)
(A) It shall be unlawful for the owner of any dwelling or dwelling unit to fail, neglect or refuse to repair, alter or improve the same, or to vacate and close and remove or demolish the same, upon order of the Inspector duly made and served as herein provided, within the time specified in the order. Each day that any like failure, neglect or refusal to comply with the order continues shall constitute a separate and distinct offense.
(B) It shall be unlawful for the owner of any dwelling or dwelling unit, with respect to which an order has been issued pursuant to § 150.28 above, to occupy or permit the occupancy of the same after the time prescribed in the order for its repair, alteration or improvement or its vacation and closing. Each day that the occupancy continues after the prescribed time shall constitute a separate and distinct offense.
(C) In addition to the penalty established by division (C) above, and the remedies provided by other provisions of this chapter, this chapter may be enforced by an appropriate equitable remedy issued by a court of competent jurisdiction.
(Ord. – § 21, passed 8-27-1990) Penalty, see § 150.99
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