§ 91.40 METHODS OF SERVICE OF COMPLAINTS AND ORDERS.

   Complaints or orders issued by the County Manager shall be served upon persons either personally or by first class mail, but if the whereabouts of the persons are unknown and the same cannot be ascertained by the County Manager or designee, in the exercise of reasonable diligence, the County Manager or designee shall make an affidavit to that effect, and the serving of the complaint or order upon the person may be made by publication in a newspaper having general circulation in the county at least once, no later than the time at which personal service is required under § 91.39. 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.

§ 91.41 IN REM ACTION BY COUNTY MANAGER OR DESIGNEE; PLACARDING.

   (A)   After failure of an owner of a structure to comply with an order of the County Manager or designee issued pursuant to the provisions of this subchapter, and upon adoption by the Board of Commissioners of a resolution authorizing and directing the officer to do so, as provided by G.S. § 160D-1203(5) and § 91.39 of this code, the County Manager or designee shall proceed to cause the structure either to be repaired or else removed or demolished, as directed by the resolution of the Board of County Commissioners and shall cause to be posted on the main entrance of the structure a placard prohibiting the use or occupation of the structure. Use or occupation of a building so posted shall constitute a misdemeanor.

   (B)   Each resolution shall be recorded in the office of the Register of Deeds of the county and shall be indexed in the name of the property owner in the grantor index, as provided by G.S. § 160D-1203(5).

(Ord. passed 3-21-2022)

§ 91.42 COSTS OF LIEN ON PREMISES.

   (A)   As provided by G.S. § 160D-1203(7), the amount of the cost of any removal or demolition caused to be made or done by the inspector pursuant to this subchapter shall be a lien against the real property upon which the cost was incurred.

   (B)   The lien shall be filed, have the same priority and be enforced and the costs collected as provided by G.S. § 160A, Article 10 (§ 160A-216 et seq.).

(Ord. passed 3-21-2022)

§ 91.43 ALTERNATE REMEDIES.

   This subchapter shall not be construed to impair or limit in any way the power of the county to define and declare nuisances and to cause their abatement by summary action or otherwise, or to enforce this subchapter by criminal process, and the enforcement of any remedy provided herein shall not prevent the enforcement of any other remedies provided herein or in other ordinances or laws.

§ 91.44 DEMOLITION PERMIT AND BOND.

   A demolition permit shall be required for the removal of any structure. Any application for demolition of a structure 2,000 square feet or greater in size shall be accompanied by a demolition plan and either the signature of the property owner or of the County Manager. Such demolition plan shall be binding upon subsequent property owners and shall require the following:

   (A)   Identification of all above and below ground structures on the site including any wells or septic tanks and the applicant’s plan for their future use or closure;

   (B)   Any plans by the applicant for on-site burning and/or burial of any materials;

   (C)   Removal of all mowing obstructions, construction debris and materials and removal of all structural foundations unless the applicant demonstrates that the foundation is to be reused in the redevelopment of the property with such redevelopment beginning within six months of the issuance of the demolition permit;

   (D)   Removal of such materials within one month of the removal of the structure(s);

   (E)   Upon demolition, sewer line must be satisfactorily capped off by the property owner and/or contractor and inspected by the County of Lincoln Public Works Department or Lincoln County Environmental Health;

   (F)   Paved parking areas may be retained on site, although the property owner is required to maintain such areas so that they do not detract from the overall appearance of the property;

   (G)   Upon demolition, the lot where the demolition has occurred shall be sodded or hydro-seeded with a silt fence installed to prevent and eliminate erosion. This silt fence must be maintained in place until the lot has a vegetative cover of at least 70%. Any resulting holes (e.g. from basement levels) must be filled and returned to normal grade. The requirement for hydro-seeding or sodding may be waived at the discretion of the County Manager’s satisfaction if the applicant demonstrates to the County Manager’s satisfaction that redevelopment of the property will begin within six months of the issuance of the demolition permit;

   (H)   Deadline for completion of the demolition;

   (I)   A description of the applicant's plans for ongoing post-demolition maintenance of the lot;

   (J)   Proof of applicant’s having obtained all necessary permits from the North Carolina Department of Environment and Natural Resources and/or the North Carolina Department of Health and Human Services or Lincoln County Natural Resources;

   (K)   All applications for demolition permits shall be accompanied by payment of a secure bond in the form of cash, certified check, cashier’s check or surety bond, based on the size of the structure(s) to be demolished as noted below. Any company that writes the surety bond must be licensed by the State of North Carolina and have been rated A or higher by A. M. Best Company. Any bond in the form of cash or certified/cashier’s check will be refunded within 30 days upon satisfactory completion and inspection of the subject property by the Zoning Administrator.

 

Secure Bond Amount
Structures between 2,000 and 2,500 square feet	$500
Structures greater than 2,500 and 3,000 square feet	$1,000
Structures greater than 3,000 square feet	$4 per square foot

 

   (L)   The maximum secure bond amount required for any demolition, regardless of the size of the structure, shall not exceed $1,000,000.

   (M)   Structures on sites owned by local, state and federal governmental entities are exempt from this provision.

   (N)   Any demolition work to be performed as part of a new construction / redevelopment project and included as a part of the scope of the building permit for the new construction shall not be required to provide a secure bond separate and apart from the new building permit.

   (O)   Failure on the part of the property owner or his or her contractor to completely demolish, remove and clear the premises as stipulated in the demolition plan, after 30 days notice by the County Manager, shall be cause for forfeiture of the bond.

   (P)   Failure to comply with the provisions of this section shall subject the violator to penalties, enforcement and abatement as provided in the Lincoln County Unified Development Ordinance.

(Ord. passed 3-21-2022; Ord. passed 11-6-2023)

PROTECTION OF PRIVATE PROPERTY

§ 91.50 TRESPASS WHILE HUNTING, FISHING, TRAPPING, LOITERING OR OPERATING AN ALL-TERRAIN VEHICLE ON PRIVATE PROPERTY.

   (A)   Offense. A person commits the offense of trespass if, without written authorization, the person enters or remains on the property of another, including the land, water, ponds, or legally established waterfowl blind of another, for the purpose of hunting, fishing, trapping, loitering or operating an all-terrain vehicle. The person must have proof of written authorization in their possession while on the property, which may be provided to any law enforcement officer or property owner.

   (B)   Classification. A violation of this section shall be considered a Class 3 misdemeanor and shall require the payment of a fine in the amount of $200.

   (C)   Continuing violation. Each day a violation continues shall be deemed a separate offense under this section.

(Ord. passed 12-19-2022)