Land Development Ordinance - Amended 4-2-2024

p. Service of Complaints & Orders

Complaints or orders issued by the Inspector, pursuant to an ordinance adopted under this Article, 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, and where the regular mail is not returned by the post office within 10 days after the mailing. If regular mail is utilized, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected. (1) Unknown Address or cannot be Ascertained . If the identities of any owner(s) or the whereabouts of persons are unknown and cannot be ascertained by the Inspector in the exercise of reasonable diligence, or if the owner(s) are known but have refused to accept service by registered or certified mail, and the Inspector makes an affidavit to that effect, the serving of the complaint or order upon the owner(s) or other persons may be made by publication in a newspaper having general circulation in the Town. Such publication shall be made 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 posted in a conspicuous place on the premises thereby affected.

q. Failure to Comply with Complaints & Orders

(1) Town Attorney Petitions Superior Court. If the owner of any deteriorated dwelling, or dwelling unit shall fail to comply with an order of the Inspector to repair, alter, or improve the same within the time specified therein, or if the owner of a dilapidated dwelling shall fail to comply with an order of the Inspector to vacate and close, and remove or demolish the same within the time specified therein, the Inspector shall submit to the Town Board of Commissioners, at its next regular meeting, a resolution directing the Town Attorney to petition the superior court for an order directing such owner to comply with the order of the Inspector, as authorized by North Carolina General Statutes §160D-1208. (2) Town Board Ordinance Ordering Inspector . After failure of an owner of a deteriorated dwelling or dwelling unit, or of a dilapidated dwelling, to comply with what has not been sought or has not been granted as provided in the preceding provision(s), the Inspector shall submit to the Town Board of Commissioners an ordinance ordering the Inspector to cause such dwelling or dwelling unit to be repaired, altered, improved, or vacated and closed and removed or demolished, as provided in the original order of the Inspector, and pending

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