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2005 - 09-19-05 Regular Meeting
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2005 - 09-19-05 Regular Meeting
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2/25/2009 2:41:26 PM
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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H <br />M <br />-env nn. F.rr.c 6OQ <br />UUU,\ /LV J <br />(E) Additional actions of the Inspector. <br />(1) At the same time as the Hearing Notice shall be sent to the owner, the Inspector, pursuant to <br />North Carolina General Statutes, Section I-1167 may file a lis pendens upon the premises <br />with the Clerk of Superior Court. <br />(2) In all cases where the dwelling or dwelling unit is found to be unsafe, the Inspector may <br />cause to be placed upon the dwelling on the main entrance thereof, a placard displaying the <br />following words: "This Building is Unfit for Human I labitation; the use or occupation of <br />this building is prohibited and unlawful." The placard shall remain fixed to the dwelling <br />until it shall be removed by the inspector when, upon re-inspection, he finds that the <br />condition of the dwelling or dwelling unit complies with the Minimum Housing Code of Lee <br />County. Pending that finding, the removal, moving, defacing, mutilating or covering of a <br />placard by any person is prohibited and shall constitute a misdemeanor. <br />(3) If a vacancy has occurred or the tenants are in the process of vacating, the Inspector may <br />follow the procedures as outlined in Section 4-83 (E)(2) above. <br />(F) Method of Service. <br />(1) Complaints or orders issued by an Inspector shall be served upon persons either personally, <br />or by registered or certified mail. If certified mail is returned as unclaimed or refused, <br />delivery may be attempted using certified and regular mail. A copy of the correspondence <br />will be sent both certified and regular mail. Ifthe certified mail is unclaimed or refused, but <br />the reatdar mail is not returned with 10 days from mailing. service will be deemed sufficient. <br />If this method of service is used the correspondence must be posted on the premises. <br />(2) If the ohereabouts of such persons are unknown and the same cannot be ascertained by the <br />Inspector in the exercise of reasonable diligence and the Inspector shall make an affidavit to <br />the effect, then serving of such complaint or order upon such person may be made by <br />publishing the same once in a newspaper of general circulation in the county. A copy of <br />such complaint or order shall be posted in a conspicuous place on premises affected by the <br />complaint or order. <br />(3) Failure on the pan of am- osyner or parry in interest to receive or have served upon him any <br />complaint, notice or order herein provided for, shall not affect or invalidate the proceedings <br />with respect to any other owner or party in interest, or any other person, firm or corporation. <br />(4) Authorized Agcnt. Each owner of rental property located within the jurisdiction of Lee <br />County shall authorize a person residing within the County to serve as his or her agent for <br />the purpose of accepting service of process under this section. T he ossner shall provide on a <br />form supplied by the Lee County Inspection Department, the authorized agent's name, <br />address, and phone number. The owner shall notify the Lee County Inspection Department <br />of anv changes in the information provided, not more than ten (10) days after such changes <br />have occurred. Nothing in this section shall require an owner to designate an agent to accept <br />service of process where the owner ofthe rental property resides within the County of Lee. <br />Sec. 4-84. Right of Appeal to the Housing Appeals Board. <br />(a) Am, owner or person who is aggrieved with the ruling or decision of the Hearing Officer in any <br />nnanncr relative to the interpretation or enforcement of any of the provisions of the iAIinimmn <br />Housin-, Code of Lee Counts' nrav appeal Goo arty such decision to the 1-fousing Appeals Board. <br />(b) An appeal from any decision or order of the Hearing Officer may be taken by anv person <br />a_gneved thereby or 6y un officer, board or commission of the counn'. f_.~cept from appeals for <br />CamdoclsrAadministrttivcfilex\ordinanccAmhordinancc-Iceco-updated )/15/03 16 <br />
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