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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, but if the whereabouts of those persons are unknown the same cannot be ascertained by the Zoning Administrator in the exercise of reasonable diligence, the Zoning Administrator shall make an affidavit to that effect, and the serving of the complaint or order upon that person may be made by publication in the manner prescribed by G.S. § 160D-1206(b).
(B) 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.
(Prior Code, § 4-46)
(A) (1) After failure of an owner of a structure to comply with an order of the Zoning Administrator issued pursuant to the provisions of this chapter, and upon adoption by the Town Board of an ordinance authorizing and directing such owner to do so, as provided by § 150.59(C) and G.S. § 160A-443(5), the Zoning Administrator shall proceed to cause the structure to be removed or demolished, as directed by the ordinance of the Town Board and shall cause to be posted on the main entrance of the structure a placard prohibiting the use or occupation of the structure.
(2) Use or occupation of a building so posted shall constitute a misdemeanor.
(B) Each such ordinance 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(4).
(Prior Code, § 4-47) Penalty, see § 150.99
(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 Zoning Administrator pursuant to this chapter 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. Art. 10, Ch. 160A.
(Prior Code, § 4-48)
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, 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.
(Prior Code, § 4-49)
(A) A person who shall violate a provision of this chapter or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, or repair, or has erected, constructed, altered or repaired a building or structure, in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine of not less than $10, nor more than $50, or by imprisonment not exceeding 30 days, or by both fine and imprisonment within the discretion of the courts.
(B) The owner of a building, structure, or premises, where anything in violation of this chapter shall be placed or shall exist, and an architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of such a violation, shall each be guilty of a separate offense, and upon conviction thereof shall be fined as therein provided.
(C) The imposition of the penalties herein prescribed, shall not preclude the Town Attorney from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, or to restrain, correct, or abate a violation, or to prevent the occupancy of a building, structure, or premises, or to prevent an illegal act, conduct, business, or use in or about any premises.
(Prior Code, § 4-6)