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§ 153.23 METHODS OF SERVICE OF COMPLAINTS AND ORDERS.
   Complaints or orders issued by the Inspector shall be served upon persons wither personally or by registered mail. If the whereabouts of such 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 such complaint or order upon such 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. 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. passed 7-14-2008)
§ 153.24 IN REM ACTION BY INSPECTOR; PLACARDING.
   (A)   After failure of an 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 Town Council of an ordinance authorizing and directing him or her to do so, as provided by G.S. § 160A-443(5) and Section 20c of this ordinance, the Inspector shall proceed to cause such dwelling or dwelling unit to be repaired, altered or improved to comply with the 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 Town Council, and shall cause to be posted on the main entrance of such 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.” Occupation of a building so posted shall constitute a misdemeanor.
   (B)   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. passed 7-14-2008)
§ 153.25 COSTS A LIEN ON PREMISES.
   As provided by G.S. § 160A-446(6), the cost 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 Section 19 of this ordinance shall be a lien against the real property upon which such cost was incurred. Such 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, Art. 10.
(Ord. passed 7-14-2008)
§ 153.26 ALTERNATIVE REMEDIES.
   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 Section 23 of this ordinance, 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. passed 7-14-2008)
§ 153.27 ZONING BOARD OF ADJUSTMENT TO HEAR APPEALS.
   (A)   All appeals which may be taken from decisions or orders of the Inspector pursuant to Section 20(d) of this ordinance shall be heard and determined by the Zoning Board of Adjustment. 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. The Board shall perform the duties prescribed by Section 20(d) and shall keep an accurate journal of all its proceedings.
   (B)   If the Zoning Board of Adjustment consists of more than five members, the Chair shall designate five members to hear appeals under this chapter.
(Ord. passed 7-14-2008)
§ 153.28 CONFLICT WITH OTHER PROVISIONS.
   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. passed 7-14-2008)
§ 153.29 VIOLATIONS; PENALTY.
   (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 fail 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 such order. Each day that any such failure, neglect, or refusal to comply with such 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 Section 19 of this ordinance, to occupy or permit the occupancy of the same after the time prescribed in such order for its repair, alteration or improvement or its vacation and closing. Each day that such occupancy continues after such prescribed time shall constitute a separate and distinct offense.
   (C)   The violation of any provision of this chapter shall constitute a misdemeanor, as provided by G.S. § 14-4.
   (D)   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. passed 7-14-2008)