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AG 2018 03 19
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AG 2018 03 19
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Last modified
5/8/2019 1:29:38 PM
Creation date
5/1/2019 2:44:23 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/19/2018
Board
Board of Commissioners
Meeting Type
Regular
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(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 enforced <br />by injunction and order abatement by the general court of justice. When a <br />violation of such provision occurs, the county may apply to the appropriate <br />division of the general court of justice for a mandatory or prohibitory <br />injunction and/or order of abatement commanding the defendant to correct the <br />unlawful condition or cease the unlawful use of the property. The action shall <br />be governed in all respects by the laws and rules governing civil proceedings <br />including the rules of civil procedure. <br />(e) An order of abatement may direct that the buildings or other structures on <br />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 made; <br />or that any other action be taken that is necessary to bring the property into <br />compliance with the N.C. Fire Code . <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 of <br />abatement in the nature of a mechanic's and material -man's lien. The defendant <br />may secure cancellation of an order of abatement by paying all cost of the <br />proceedings and posting a bond for compliance with the order. The bond shall be <br />given with sureties to the clerk of superior court in an amount approved by the <br />judge before whom the matter is heard and shall be conditioned on the <br />defendant's full compliance with the terms of the order of abatement within a <br />time fixed by judicial order. Cancellation of an order of abatement shall not <br />suspend or cancel an injunction issued in conjunction therewith. <br />(Ord. of 8-16-93, S 9) <br />Sec. 34-53. Enforcement and duties. <br />(a) N.C. Fire CodeThe internatienal Fire Preventien Cede, 14. G. Amendments, <br />shall be enforced by the Cabarrus County Emergency Management Department or by <br />such other organization designated to undertake such activities or by contract <br />executed and entered into with other appropriate fire prevention organizations. <br />(b) Fire Inspectors will be appointed as required to enforce the Code and to <br />perform required inspections. The Fire Inspectors will report to their <br />supervisors in their respective departments. Assignment of specific areas of <br />responsibility shall be made by the county manager. (Ord. of 8-16-93, 5 2) <br />Sec. 34-54. Periodic inspections. <br />(a) Subject to the limitations and condition stated in the N.C. Fire <br />Code , it shall be the duty <br />of the Fire Inspectors to inspect all buildings, structures, and premises <br />within this jurisdiction for the purposes of ascertaining and causing to be <br />corrected any condition which may cause a fire or an explosion or endanger life <br />from fire or explosion. The inspector shall determine any violations of the <br />provisions of the code or any other ordinances pertaining to fire or explosion <br />hazards. These inspections and determinations will be done in accordance with <br />the periodic inspection schedule for occupancies as approved by the state <br />building code council or upon complaint by interested parties or if there is <br />probable cause for such inspections. <br />Fire Prevention Ordinance <br />RevisedkMi R@dt@ume r 1 kn <br />G-1 Page 175 <br />
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