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This article shall not 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 article by civil action pursuant to G.S. § 160A-175. The enforcement of any remedy provided in this article shall not prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws.
(Adopted 11-2-2021)
ADMINISTRATION AND ENFORCEMENT
(A) The inspector is hereby designated as the officer to enforce the provisions of this article. It shall be the duty of the inspector to:
(1) Locate abandoned structures within the town and its extraterritorial jurisdiction and determine which structures are in violation of this article;
(2) Take such action pursuant to this article as may be necessary to provide for the repair, closing or demolition of such structures;
(3) Keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this article and to keep a record of the results of inspections made under this article and an inventory of those dwellings that do not meet the minimum standards of fitness herein prescribed;
(4) Perform such other duties as may be prescribed in this article or assigned to him or her by the Mocksville Board of Commissioners.
(B) The inspector is granted and permitted such powers as may be necessary to carry out the intent and the provisions of this article, including the following powers in addition to others granted in this article:
(1) To investigate the conditions of buildings within the town and its extraterritorial jurisdiction in order to determine which structures are abandoned and in violation of this article;
(2) To obtain administrative search warrant(s) pursuant to G.S. § 15-27.2.
(3) To enter upon premises for the purpose of making inspections;
(4) To administer oaths and affirmations, examine witnesses and receive evidence;
(5) To designate such other officers, agents and employees of the town as he or she deems necessary to carry out the provisions of this article;
(6) To investigate the conditions, and to inspect dwellings and dwelling units located in the town, in order to determine which dwellings and dwelling units are unfit for human habitation, and for the purpose of carrying out the objectives of this article with respect to such dwellings and dwelling units; and
(7) To take such action, together with other appropriate departments and agencies, public and private, as may be necessary to effect rehabilitation of housing which is deteriorated;
(Adopted 11-2-2021)
Whenever the inspector finds any building or structure or portion thereof to be hazardous to the health, safety and welfare of the residents of the town as defined in in this article, or if a petition is filed with the office of the inspector by at least five residents of the town charging that any dwelling exists in violation of this article, or whenever it appears to the inspector, upon inspection, that any structure exists in violation hereof, he or she shall, if his or her preliminary investigation disclosed a basis for such charges, issue and cause to be served upon the owner of and parties-in-interest in such structure a complaint. Such complaint shall state the charges and contain a notice that a hearing will be held before the inspector at the location of the property subject to the complaint, or at another location within the town limits not less than ten days nor more than 30 days after the serving of the complaint. The owner or any party-in-interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall be not controlling in these hearings.
(Adopted 11-2-2021)
(A) Complaints or orders issued by the inspector pursuant to this article shall be served upon persons either personally or by registered or certified mail. 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 § 5-4.23 of this article 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.
(Adopted 11-2-2021)
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