2005 - 09-19-05 Regular Meeting - Laserfiche WebLink

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