(A) Whenever a petition is filed with the Enforcement Officer by a public authority or by at least five residents of the town charging that any structure is abandoned or whenever it appears to the Enforcement Officer (on his or her own motion) that any structure is abandoned, the Enforcement Officer shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner and parties in interest in such structure a complaint stating the charges in that respect and containing a notice stating:
(1) A hearing will be held before the Enforcement Officer (or his or her designated agent) at a place within the town therein fixed not less than ten days nor more than 30 days after the serving of the complaint;
(2) The owner and parties in interest shall be given 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; and
(3) The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Enforcement Officer.
(B) Upon the issuance of a complaint and notice of hearing pursuant to this section, the Enforcement Officer may cause the filing of a notice of lis pendens with a copy of the complaint and notice of hearing attached thereto in the office of the County Clerk of Superior Court, to be indexed and cross-indexed in accordance with the indexing procedures of the state statutes.The Enforcement Officer shall cause a copy of the notice of lis pendens to be served upon the owners and parties in interest in the dwelling at the time of filing in accordance with G.S. § 160A-445, as applicable. Upon compliance with the requirements of any order issued based upon such complaint and hearing, the Enforcement Officer shall direct the Clerk of Superior Court to cancel the notice of lis pendens.
(Prior Code, § 6-153) (Ord. 29-08, passed 11-13-2008)
Statutory reference:
Related provisions, see G.S. § 160A-445