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Agenda - 05-18-2021; 5-a - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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Agenda - 05-18-2021; 5-a - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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5/13/2021 3:55:49 PM
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BOCC
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5/18/2021
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Business
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Agenda
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5-a
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Agenda for May 18, 2021 Board Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2021\Agenda - 05-18-2021 Virtual Business Meeting
ORD-2021-015-Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance
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\Board of County Commissioners\Ordinances\Ordinance 2020-2029\2021
RES-2021-030 RESOLUTION AMENDING CHAPTER 20 OF THE ORANGE COUNTY CODE OF ORDINANCES
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\Board of County Commissioners\Resolutions\2020-2029\2021
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15 <br /> dwelling. The clerk of superior court shall issue a summons requiring the defendant to appear <br /> before a magistrate at a certain time, date, and place not to exceed 10 days from the issuance of <br /> the summons to answer the complaint. The summons and complaint shall be served as provided <br /> in G.S. 42-29. If the summons appears to have been duly served and if at the hearing the Public <br /> Officer produces a certified copy of an ordinance adopted by the Board of County Commissioners <br /> pursuant to subdivision (5)of this section authorizing the officer to proceed to vacate the occupied <br /> dwelling, the magistrate shall enter iudgment ordering that the premises be vacated and that all <br /> persons be removed. The iudgment ordering that the dwelling be vacated shall be enforced in the <br /> same manner as the iudgment for summary ejectment entered under G.S. 42-30. An appeal from <br /> any iudgment entered hereunder by the magistrate may be taken as provided in G.S. 7A-228, and <br /> the execution of such iudgment may be stayed as provided in G.S. 7A-227. An action to remove <br /> an occupant of a dwelling who is a tenant of the owner may not be in the nature of a summary <br /> ejectment proceeding pursuant to this paragraph unless such occupant was served with notice at <br /> least 30 days before the filing of the summary ejectment proceeding that the Board of County <br /> Commissioners has ordered the Public Officer to proceed to exercise her or his duties under <br /> subsections (4) and (5)of this section to vacate and close or remove and demolish the dwelling. <br /> (8) Additional notices to affordable housing organizations. - Whenever a determination is made <br /> pursuant to subsection (b) of this section that a dwelling must be vacated and closed, or removed <br /> or demolished, under the provisions of this section, notice of the order shall be given by first-class <br /> mail to any organization involved in providing or restoring dwellings for affordable housing that has <br /> filed a written request for such notices.A minimum period of 45 days from the mailing of such notice <br /> shall be given before removal or demolition by action of the Public Officer, to allow the opportunity <br /> for any organization to negotiate with the owner to make repairs, lease, or purchase the property <br /> for the purpose of providing affordable housing. The Public Officer or clerk shall certify the mailing <br /> of the notices, and the certification shall be conclusive in the absence of fraud. Only an organization <br /> that has filed a written request for such notices may raise the issue of failure to mail such notices, <br /> and the sole remedy shall be an order requiring the Public Officer to wait 45 days before causing <br /> removal or demolition. <br /> dwelliRg or dwelling unit GOMplies with the minim-urn stand-ards; this 'not whether it is determerated or dilapidate.rl�n w <br /> dwel'*Rg eF dWe"*Rg 61R*t tG GGMPIY With thLQ Minim.-PA standards rentalped thus ardapapre wi <br /> (1) if the P-W-h1ur.C-)ff4r-,P-.r determines;that the dWe"*Rg GF dWe"*Rg 6IRit is-3 dete-FIA-Fated, he shall state in h; we. he.e.n motip(2) if the P,_,_hIir__Offir--er determines that the dwelling is dilapidated, he shall state on writing his findings <br /> of faGt tO supperl SUGh determiRation, and shall issue and Gause te be sewed upon the GWRer <br /> thp-M-A-f-;;n A-.rder diFeGting and requiring the GWReF either to repair, alteF or improve SuGh dwell' <br /> unit tG GGMPlY with the minimum standardS Gentained by this <br /> or else to VaGate aP4 <br /> e. or demelish the same. within a 'fied period l,f time. Ret to e.vne.' rd 90 days. <br /> reiTrvv� �crrtvrt vam�v� vp•icm cc�cnva--vrm�rcrrvc-cc--c cc ea .�v�up.T <br /> (Ord. of 2-21-1984, art. 15, eff. 7-1-1984) <br /> Sec. 20-46. -Appeals from decisions and orders of public officer. <br /> (a) An appeal from any decision or order of the Public Officer may be taken by any person aggrieved <br /> thereby within ten days from the rendering of the decision or service of the order, and shall be taken <br /> by filling with the Public Officer and the Orange County Board of Adjustment notice of appeal which <br /> shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the <br /> Public Officer shall forthwith transmit to the Board all the papers constituting the record upon which <br /> the decision appealed from was made.When an appeal is from a decision of the Public Officer refusing <br /> to allow the person aggrieved thereby to do any act, the Public Officer'his decision shall remain in <br />
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