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§ 95.50 APPEALS FROM ORDERS OF THE INSPECTOR; REVIEW BY COURT.
   (A)   Appeals board. All appeals which may be taken from decisions or orders of the Inspector pursuant to this subchapter shall be heard and determined by the Zoning Board of Adjustment.
   (B)   When appeal may be taken. An appeal may be taken by any person aggrieved thereby, or by any officer, board or commission of the village, from a final decision or an order of the Inspector, unless a different method of appeal is provided for herein. Any appeal shall be taken within ten days from the rendering of the decision or service of the order, as the case may be, by filing with the Public Officer and with the Board of Adjustment a written notice of appeal which shall specify the grounds upon which the appeal is based. The notice of appeal must be accompanied by the appropriate fee, as established by the Village Council in the annual operating budget.
   (C)   Duty of Inspector upon the filing of an appeal. Upon the filing of any notice of appeal, the Inspector shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the final decision or order appealed from was made. The Inspector who made the decision or the person currently occupying that position, if the decision maker is no longer employed by the local government, shall be present at the hearing as a witness.
   (D)   Staying of action. When an appeal is from a decision or order of the Public Officer refusing to allow the person aggrieved thereby to do any act, the Public Officer’s decision or order shall remain in force until modified or reversed. When an appeal is from a decision or order of the Public Officer requiring the person aggrieved to do any act or pay any fines, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Public Officer certifies to the Board, after the notice of appeal is filed with the Public Officer, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of the Public Officer’s requirement would cause imminent peril to life or property. In that case, the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the Public Officer, by the Board of Adjustment, or by a court of record upon petition made pursuant to G.S. 160D-1208(d) and this section.
         (e)   Hearing of appeals. The Board of Adjustment shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within a reasonable time. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make any decision and order as in its opinion ought to be made in the matter, and to that end it shall have all the powers of the Public Officer, but the concurring vote of four members of the Board shall be necessary to reverse or modify any decision or order of the Public Officer. The Board shall have power also in passing upon appeals, in any case when practical difficulties or unnecessary hardships would result from carrying out the strict letter of this subchapter, to adapt the application of this subchapter to the necessities of the case to the end that the spirit of this subchapter shall be observed, public safety and welfare secured, and substantial justice done. A copy of the Board’s decision shall be served on the appellant by the Public Officer.
         (f)   Petition to superior court.
            1.   Every decision of the Board of Adjustment shall be subject to review by proceedings in the nature of certiorari instituted within 15 days of the date of service of the decision of the Board, but not otherwise.
            2.   Any person aggrieved by an order issued by the Public Officer or a decision rendered by the Board of Adjustment may petition the superior court for an injunction restraining the Public Officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the Public Officer pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. Hearings shall be held in accordance with G.S. 160D-1208(b).
(Res., passed 6-28-23)
§ 95.51 FILING OF NOTICE OF LIS PENDENS.
   “LIS PENDENS” (a pending suit), in general terms, is a notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and they are in danger of being bound by an adverse judgment. Upon the issuance of a complaint and notice of hearing or order pursuant thereto, a notice of lis pendens, with a copy of the complaint and notice of hearing or order attached thereto, may be filed by the Inspector in the office of the clerk of superior court for the county, as provided in G.S. 1-120.2. The Inspector shall serve a copy of the notice of lis pendens upon the owners and parties in interest in the housing. The Inspector may have the notice of lis pendens canceled at such time as the housing is brought into conformity with this subchapter by sending to the clerk of superior court a notice asking that the notice of lis pendens be canceled.
(Res., passed 6-28-23)
§ 95.52 METHODS OF SERVICE OF COMPLAINTS AND ORDERS.
   (A)   Complaints or orders issued by the Public Officer 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 may 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 identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the Public Officer 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 Public Officer makes an affidavit to that effect, then the serving of the complaint or order upon the owners or other persons may be made by publication in a newspaper having general circulation in the village at least once no later than the time at which personal service would be required under these provisions. When 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.
(Res., passed 6-28-23)
State law reference:
   Similar provisions, G.S. 160D-1206(b)
§ 95.53 COSTS A LIEN ON PREMISES; DISPOSITION OF PROPERTY.
   (A)   Lien. As provided by G.S. 160D-1203(7), 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 Public Officer pursuant to this subchapter 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. 160A, Article 10 (G.S. 160A-216 et seq. including G.S. 160A-233(c)). Such lien, if against real property located within the village limits, is also a lien on any other real property of the owner located within the village limits or within one mile thereof except for the owner’s primary residence. This additional lien is inferior to all prior liens and shall be collected as a money judgment. All liens shall be filed in the office of the register of deeds of the county where the property is located.
   (B)   Disposition. If the housing is removed or demolished by the Public Officer, the Public Officer shall sell the materials of the housing, and any personal property, fixtures or appurtenances found in or attached to the housing, and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the Public Officer, shall be secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by final order or decree of the court.
(Res., passed 6-28-23)
§ 95.54 OTHER REMEDIES.
   Nothing contained herein or in any other part of this subchapter shall be construed to impair or limit in any way the power of the village to define and declare nuisances and to cause their removal or abatement by summary action or otherwise; to enforce any provision of its charter, or its ordinances or regulations; or to prevent or punish violations thereof, and the procedure described herein shall be in addition and supplemental to the powers conferred on the village by any other law.
(Res., passed 6-28-23)
VACANT BUILDING RECEIVERSHIP
§ 95.60 VACANT BUILDING RECEIVERSHIP.
   G.S. 160D-1130 Vacant Building Receivership including all subsequent amendments, as adopted by the North Carolina General Assembly is hereby incorporated by reference as fully as though set forth here and shall be enforced as part of this chapter. A vacant building is a building ordered to be vacated and closed pursuant to any provision of this chapter.
(Res., passed 6-28-23)