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BC 2011 02 21 Regular
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BC 2011 02 21 Regular
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Last modified
10/19/2011 1:29:41 PM
Creation date
11/27/2017 12:59:42 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
2/21/2011
Board
Board of Commissioners
Meeting Type
Regular
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February 21, 2011 (Regular Meeting) <br />Page 324 <br />(3) The County Fire Marshal shall issue a permit only after all <br />requirements of this ordinance and the State Fire Code have been met, <br />the appropriate fees paid, and the applicant has posted a bond or <br />certificate of insuranc The bond or certificate of insurance shall be <br />in the amount of at least $500,000.00 to cover damages to real or <br />personal property and an additional $500,000.00 to cover damages for <br />personal injuries. <br />ARTICLE III. FIRE PREVENTION CODE <br />Sec. 34 -51. Adoption. <br />(a) It is hereby adopted by reference that the code known as International <br />Fire Prevention Code 2002, with all North Carolina Amendments and all <br />subsequent amendments, revisions, and appendixes shall become the county fire <br />code. The provisions thereof shall be controlling within the limits of the <br />county, <br />(b) The provisions and mandatory <br />Prevention Code are hereby adopted. <br />(Ord. of 8- 16 -93, § 1) <br />permits listed in the International Fire <br />Sec. 34 -52. Penalties. <br />(a) Any person who violates or fails to comply with any provision of the <br />International Fire Prevention Code, N. C. Amendments, as adopted, amended, or <br />augmented, or who shall violate or fail to comply with any order made in <br />connection with the fire prevention code, or who shall build in violation of <br />any specifications or plans submitted under the International Fire Prevention <br />Code, N.C. Amendments, or any certificate or permit issued there under, shall <br />be guilty of a misdemeanor and punished in accordance with section 1 -7. <br />(b) The imposition of a penalty for any violation shall not excuse the <br />violation or permit it to continue and all such violations shall be corrected <br />within the time specified. <br />(c) Violations of this code shall constitute either a misdemeanor or, at the <br />election of the county, shall subject the offender to a civil penalty upon <br />the issuance of a citation for the violations. <br />(d) In addition to the civil penalties, any provision of the code that makes <br />unlawful a condition existing upon or use made of real property may be <br />enforced by injunction and order abatement by the general court of justice. <br />When a violation of such provision occurs, the county may apply to the <br />appropriate division of the general court of justice for a mandatory or <br />prohibitory injunction and /or order of abatement commanding the defendant to <br />correct the unlawful condition or cease the unlawful use of the property. The <br />action shall be governed in all respects by the laws and rules governing <br />civil proceedings including the rules of civil procedure. <br />(e) An order of abatement may direct that the buildings or other structures <br />on the property be closed, demolished or removed; that fixtures, furniture or <br />other movable property be removed from any building on the property; that <br />abandoned or junked vehicles be removed; that improvements or repairs be <br />made; or that any other action be taken that is necessary to bring the <br />property into compliance with the International Fire Prevention Code, N.C. <br />Amendments. If the defendant fails or refuses to comply with an injunction or <br />with an order of abatement within the time allowed by the court, he may be <br />cited for contempt, and the county may execute the order of abatement. The <br />county shall have a lien on the property for the cost of executing an order <br />of abatement in the nature of a mechanic's and material -man's lien. The <br />defendant may secure cancellation of an order of abatement by paying all cost <br />of the proceedings and posting a bond for compliance with the order. The bond <br />shall be given with sureties to the clerk of superior court in an amount <br />approved by the judge before whom the matter is heard and shall be <br />conditioned on the defendant's full compliance with the terms of the order of <br />abatement within a time fixed by judicial order. Cancellation of an order of <br />abatement shall not suspend or cancel an injunction issued in conjunction <br />therewith. <br />(Ord. of 8- 16 -93, § 4) <br />Sec. 34 -53. Enforcement and duties. <br />(a) The International Fire Prevention Code, N. C. Amendments, _shall be <br />enforced by the Cabarrus County Emergency Management Department or by such <br />
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