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2005 - 09-19-05 Regular Meeting
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2005 - 09-19-05 Regular Meeting
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Minutes
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Board of Commissioners
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u~X v F~GE 6~.::. <br />the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction <br />issued in conjunction therewith. <br />(e) Other Remedies <br />(1) The criminal penalties and equitable remedies provided in this section are cumulative and <br />not exclusive, and may be independently pursued against the same person for the activity <br />constituting a violation of this section. Nothing in this section shall be construed to impair <br />or limit in any way the power of the county to define and declare nuisances and to cause <br />their removal or abatement by summary proceedings or otherwise. The enforcement of any <br />remedy provided herein shall not prevent the enforcement of any other remedy or remedies <br />in other ordinances or laws. <br />(2) This article may be enforced by the Inspector submitting to the Board of County <br />Commissioners an ordinance ordering a substandard or unfit dwelling or dwelling unit to be <br />repaired, altered, improved, vacated, closed; removed or demolished, and pending removal <br />or alteration, by placing a placard on such dwelling, dwelling unit or accessory structure as <br />provided by North Carolina General Statutes, Section 153A-366 and Section 4-83(E)(2) of <br />this article. The amount of the cost of any repairs, alterations, improvement, vacating, <br />closing, removal or demolishing caused to be done by the Inspector shall be a lien against <br />the real property upon which such cost was incurred. Such lien shall be filed, have the same <br />priority and be collected as the lien for special assessment as provided in North Carolina <br />General Statutes, Chapter 160A, Article, 10. Section 160A-433(6). The ordinance may <br />provide for the imposition of a civil penalty for each day's continuing violation of any, <br />provision of the ordinance for compliance. The amount of the penalty shall be determined <br />by the Board of County Commissioners in each ordinance based upon the facts and <br />circumstances of each case. The amount of the penalty for each day's violation shall not <br />exceed hco hundred fifty dollars ($250.00) and the total penalty for one (1) continuing <br />violation shall not exceed three thousand dollars (53,00090). <br />[)[VISION IV. E?1ERGENCIES <br />Sec. 4-86. Emergency Enforcement Procedures. <br />(A) Generally. The existence of Wifit conditions of habitation which pose an inunincnt threat of <br />bodily harm to occupants of a dN+ellin or a dwellim; unit, orally person upon the premises or <br />adjacent properly or neiehborhood are declared unlawful conditions existing upon, or rise made of <br />land and constitute a public nuisance. In order to protect the public welfare, expedited procedures <br />are necessan, to immediateh' remedy these unla%r-ful conditions. <br />(B) Unfit conditions. Unfit conditions ofhaboation Mach pose an imminent threat ofserious bodily <br />harm include. but arc not limited to: <br />(1) Unsafe drinking water. <br />(2) The lack of a sanitary and legal means to dispose of human sewage. <br />(3} Unsafe electrical installation in violation of the North Carolina State Building Code_ <br />(4) 1-la7ardous cooking or heating equipment_ <br />(5) Unsafe fuel stomLc tanks and/or supply lines. <br />(6) Substantial rodent or vermin infestation. <br />C:n)vdocAsrAttdmfnistr:nivcllles\ordinanccAmhoreiinancc-Icccu-updated 9/15/03 19 <br />
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