Land Development Ordinance - Amended 11-19-2024

(4) Vacant Manufacturing Facilities . In the case of vacant manufacturing facilities or vacant industrial warehouse facilities, the building or structure must have been vacated and closed pursuant to an order or ordinance for a period of five (5) years before the Town Board of Commissioners may adopt an ordinance to demolish and remove the building or structure. The ordinance shall be recorded in the Office of the Wake County Register of Deeds and shall be indexed in the name of the property owner in the grantor index.

j. Methods of Service of Complaints & Orders

(1) Notices . Complaints or orders issued by the Inspections Director or Code Enforcement Officer under this Article shall be served upon persons either personally or by registered or certified mail and, in conjunction therewith, may be served by regular mail. When the manner or service is by regular mail in conjunction with registered or certified mail, and the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within 10 days after mailing, service shall be deemed sufficient. The person mailing the complaint or order by regular mail shall certify that fact and the date thereof, and such certificate shall be conclusive in the absence of fraud. If regular mail is used, a notice of the pending proceedings shall be posed in a conspicuous place on the premises thereby affected. (2) Unknown Address or cannot Ascertain Location . If the identities of any owner or the whereabouts of persons are unknown and cannot be ascertained by the Inspection Director or Code Enforcement Officer in the exercise of reasonable diligence, and the Inspections Director or Code Enforcement Officer makes an affidavit to that effect, then the serving of the complaint or order upon the unknown owners or other persons may be made by publication in a newspaper having general circulation in the Town at least once, no later than the time at which personal service would be required under the provisions of this Article. When service is made by publication, a notice of the pending proceedings shall be posed in a conspicuous place on the premises thereby affected.

k. Cost & Lien on Property

(1) Lien against Real Property . As provided by North Carolina General Statutes §160D-1125 the amount of the cost of any repairs, alterations or improvements, vacating and closing, or removal or demolition caused to be made or done by the Inspections Director or Code Enforcement Officer shall be a lien against the real property upon which such costs were incurred. Such lien shall be filed, have the same priority, and be enforced and the costs collected as a lien for special assessment as provided by Article 10, Chapter §160A of the North Carolina General Statutes. The amount of the costs shall also be a lien on any other real property of the owner located within the Town limits except for the owner’s primary

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