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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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11/23/2015
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Public Hearing
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Agenda
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E1
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Minutes 11-23-2015
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Attachment 5 56 <br /> GENERAL ASSEMBLY OF NORTH CAROLINA <br /> SESSION 2015 <br /> SESSION LAW 2015-246 <br /> HOUSE BILL 44 <br /> AN ACT TO REFORM VARIOUS PROVISIONS OF THE LAW RELATED TO LOCAL <br /> GOVERNMENT. <br /> The General Assembly of North Carolina enacts: <br /> NOTICE TO CHRONIC VIOLATORS <br /> SECTION L(a) G.S. 160A-200 is repealed. <br /> SECTION L(b) G.S. 160A-200.1 reads as rewritten: <br /> "§ 160A-200.1. Annual notice to chronic violators of public nuisance or overgrown <br /> vegetation ordinance. <br /> U A city may notify a chronic violator of the city's public nuisance ordinance that, if <br /> the violator's property is found to be in violation of the ordinance, the city shall, without further <br /> notice in the calendar year in which notice is given, take action to remedy the violation, and the <br /> expense of the action shall become a lien upon the property and shall be collected as unpaid <br /> taxes. <br /> The notice shall be sent by registered or certified mail. When service is attempted <br /> by registered or certified mail, a copy of the notice may also be sent by regular mail. Service <br /> shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the <br /> regular mail is not returned by the post office within 10 days after the mailing. If service by <br /> regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises <br /> affected. <br /> ra <br /> U A city may also give notice to a chronic violator of the city's overgrown vegetation <br /> ordinance in accordance with this section. <br /> U For purposes of this section, a chronic violator is a person who owns property <br /> whereupon, in the previous calendar year, the city gave notice of violation at least three times <br /> under any provision of the public nuisance ordinance." <br /> AUTHORIZE CITIES TO REGULATE CERTAIN STRUCTURES THAT <br /> UNREASONABLY RESTRICT THE PUBLIC'S RIGHT TO USE THE STATE'S <br /> OCEAN BEACHES <br /> SECTION 1.5. G.S. 160A-205 reads as rewritten: <br /> "§ 160A-205. Cities enforce ordinances within public trust areas. <br /> (a) Notwithstanding the provisions of G.S. 113-131 or any other provision of law, a city <br /> may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions upon the <br /> State's ocean beaches and prevent or abate any unreasonable restriction of the public's rights to <br /> use the State's ocean beaches. In addition, a city may, in the interest of promoting the health, <br /> safety, and welfare of the public, regulate, restrict, or prohibit the placement, maintenance, <br /> location, or use of structures that are uninhabitable and without water and sewer services for <br /> more than 120 days, as determined by the city with notice provided to the owner of record of <br /> the determination by certified mail at the time of the determination, equipment, personal <br /> property, or debris upon the State's ocean beaches. A city may enforce any ordinance adopted <br /> pursuant to this section or any other provision of law upon the State's ocean beaches located <br /> within or adjacent to the city's jurisdictional boundaries to the same extent that a city may <br /> enforce ordinances within the city's jurisdictional boundaries. A city may enforce an ordinance <br /> adopted pursuant to this section by any remedy provided for in G.S. 160A-175. For purposes of <br /> this section, the term "ocean beaches" has the same meaning as in G.S. 77-20(e). <br /> * H 4 4 - V - 3 * <br />
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