Orange County NC Website
vote of four members of the Board shall be necessary to reverse - - <br /> or modify any decision or order of the Inspector. The Board <br /> shall have power also in passing upon appeals, in any case <br /> where there are practical difficulties or unnecessary hardships <br /> in the way of carrying out the strict letter of the ordinance, <br /> to adapt the application of the ordinance to the necessities of <br /> the case to the end that the spirit of the ordinance shall be <br /> observed, public safety and welfare secured, and substantial <br /> justice done. <br /> Every decision of the Board shall be in <br /> writing and shall be promptly filed in the office of the <br /> Inspector, and shall be open to public inspection; a certified <br /> copy shall be sent by mail, or otherwise, to the appellant. <br /> Every decision of the Board shall be subject to review by <br /> proceedings in the nature of certiorari instituted within 15 <br /> days of the decision of the Board, but not otherwise. <br /> (e) Petition to Superior Court by Owner. Any person aggrieved by <br /> an order issued by the Inspector or a decision rendered by the <br /> Board shall have the right, within thirty (30) days after <br /> issuance of the order or rendering of the decision, to petition <br /> the superior court for a temporary injunction restraining the <br /> Inspector pending a final disposition of the cause, as provided <br /> by G.S. 160A-446(f). <br /> Section 15. Methods of Service of Complaints and Orders. Complaints <br /> or orders issued by the Inspector shall be served upon persons either <br /> personally or by registered or certified mail. If the whereabouts of <br /> such persons are unknown and the same cannot be ascertained by the Inspector <br /> in the exercise of reasonable diligence, the Inspector shall make an <br /> affidavit to that effect, and the serving of such complaint or order upon <br /> such person may be made by publishing the same at least once no later <br /> than the time at which personal service would be required under the <br /> provisions of this ordinance in a newspaper having general circulation in <br /> the County Where service is made by publication, a notice of the <br /> pending proceedings shall be posted in a conspicuous place on the premises <br /> affected by the complaint or order. <br /> Section 16. In Rem Action by Inspector; Placarding: After failure <br /> of an owner of a dwelling or dwelling unit to comply with an order of the <br /> Inspector issued pursuant to the provisions of this ordinance, aria upon adoption <br /> by the Board of Commissioners of an ordinance authorizing and directing <br /> him to do so, as provided by G.S, 160A-443(5) and Section 14(c) of this <br /> ordinance, the Inspector shall proceed to cause such dwelling or dwelling <br /> unit to be repaired, altered or improved to comply with the minimum <br /> standards of fitness established by this ordinance, or to be vacated and <br /> closed and removed or demolished, as directed by the ordinance of the Board <br /> of Commissioners, and shall cause to be posted on the main entrance of <br /> such dwelling or dwelling unit a placard with the following words: "this <br /> building is unfit for human habitation; the use or occupation of this <br /> building for human habitation is prohibited and unlawful". Occupation of <br /> a building so posted shall constitute a misdemeanor. <br /> -15- <br />