(A)
Upon determining that a violation of this chapter exists, the Director of Public Works, Planning and Zoning Administrator, Code Enforcement Officers, Environmental Health Department Director and/or County Sheriff's Deputies shall issue a written notice of violation to (1) the registered owner or person(s) entitled to possession of the abandoned manufactured home; and (2) the registered owner, lessee, or person(s) entitled to the land on which the abandoned manufactured home is located.
(B) Notice shall be effectuated by hand delivery, service of process, or certified mail, return receipt requested, pursuant to G.S. § 1A-1, Rule 5.
(C) The notice shall:
(1) Identify the property and describe the abandoned manufactured home(s) located thereon to be removed, abated, or remedied;
(2) Direct that the abandoned manufactured home(s) be removed, abated, or remedied;
(3) Provide a reasonable time period in which to comply, not to exceed 120 days;
(4) State that the continued violation of the provisions of this chapter is a misdemeanor punishable by a fine for each abandoned manufactured home not to exceed $100 and imprisonment up to 30 days. Each day the violation exists constitutes a separate offense;
(5) State that in order to prevent any further enforcement action, the abandoned manufactured home must be repaired or removed from the property and properly disposed of at a permitted landfill that accepts construction and demolition debris; and
(6) Notify the violator(s) of the right to appeal the basis of the notice to the Planning/Zoning Department Administrator, provided the appeal is made within 15 calendar days of receipt of the notice.
(D) If the name or whereabouts of the owner, tenant, possessor, or occupant cannot after due diligence be discovered, the notice shall, in addition to the above, include the date, time, and location for a hearing before the Planning/Zoning Department Administrator or other designated official on the matter. The notice shall be considered properly and adequately served if a copy thereof is conspicuously posted on the property in question at least ten days prior to the hearing and a notice of the hearing is published in a newspaper having general circulation in the county at least once not later than one week prior to the hearing.
(E) The owner, tenant, possessor, occupant, or agent of the owner may appeal a notice to the Planning and Zoning Administrator for decision. The owner or his or her agent may either rely on written materials or appear before the Planning and Zoning Administrator for a hearing at which he or she shall be heard in person or by counsel and may present arguments and evidence pertaining to the matter. The only appealable issues are: (1) whether the person is actually entitled notice and/or (2) whether the action or condition that serves as the basis of the notice is dangerous or prejudicial to public health, safety, or welfare. It matters not whether an owner caused the manufactured home to be on the property or has a possessory interest in the condition creating the abandoned manufactured home. Neither is a defense.
(F) The Planning and Zoning Administrator shall, within 15 days of the date of the hearing or the date of the written appeal if a hearing is not requested, issue an order either canceling the notice or directing the violator(s) to remove, abate, or remedy the identified manufactured home. The owner, tenant, possessor, or occupant may appeal decisions of the Planning and Zoning Administrator to the County Manager within 15 days of the decision. An appellant may further appeal the decision of the County Manager to the County Board of Commissioners.
(G) If an abandoned manufactured home is not removed, abated, or remedied during the time period provided by the initial notice, or within 30 days following the last decision rendered by either the Planning and Zoning Administrator or Board of Commissioners from which an appeal has not been taken, then, pursuant to G.S. § 153A-140 and subject to the provisions of G.S. Ch. 106, Art. 57, the county may enter the property and remove, abate, or remedy everything related to the abandoned manufactured home that is dangerous or prejudicial to the public health or safety. The expense of such action shall be paid by the violator(s), and shall, if not paid, be a lien upon the property or premises where the abandoned manufactured home was located and shall be collected as unpaid taxes.
(H) Any person or entity that lawfully removes an abandoned manufactured home pursuant to this chapter shall not be held liable for damages resulting from such removal of the abandoned manufactured home to the owner, lienholder, or other person legally entitled to the possession of the abandoned manufactured home removed; however, any person who, without due care, negligently or intentionally inflicts injury upon any person or real property in the removal of such abandoned manufactured home, may be held liable for damages.
(Ord. passed 9-14-2009; Ord. passed 6-7-2021)
Penalty, see § 153.99