48-7. Notices and Orders

  1. Notice to person responsible. Whenever the Code official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 48-7.B. and 48-7.C to the person responsible for the violation as specified in this Code. Notices for condemnation procedures shall also comply with Section 48-8.C.
  2. Public Notification. The Code official shall provide information in writing about the housing violation and potential hazard to the following persons as applicable and appropriate:
    1. Child Protection Division in situations of potential child abuse or endangerment,
    2. Adult Protection Division in situations of potential vulnerable adult abuse or endangerment,
    3. Neighbors in close proximity likely to be affected by the conditions found at the site,
    4. Local Law Enforcement Officer, or
    5. Other state or local authorities that may have public or environmental protection responsibilities.
  3. Form. Such notice prescribed in Section 48-7.A. shall be in accordance with all of the following:
    1. Be in writing.
    2. Include a description of the real estate sufficient for identification.
    3. Include a statement of the violation or violations and why the notice is being issued.
    4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code. Inform the property owner of the right to appeal.
    5. Include a statement of the right to file a lien in accordance with Section 48-6.C.
  4. Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
    1. Delivered personally;
    2. Sent by certified or first-class mail addressed to the last known address; or
    3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
  5. Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 48-6.C.
  6. Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code official and shall furnish to the Code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
  7. Duties of Tenants and Owners. This Code is not intended to interfere with or abolish the duties imposed on tenants and owners of rental property by N.C.G.S. Chapter 42 or with lawful written agreements between property owners and tenants.