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BC 2018 03 19 Regular Meeting
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BC 2018 03 19 Regular Meeting
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5/17/2019 5:16:20 PM
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Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
3/19/2018
Board
Board of Commissioners
Meeting Type
Regular
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March 19, 2018 (Regular Meeting) Page 3484 <br />(d) The North Carolina -I, - Building Code volume that is titled Administration <br />- Frfom m r �egorr=�-i fe-sby r `^rrr ped far the administration of the <br />__ 1__1_ _ `or periodic inspection of <br />1 : i i:.j rdance with the Existing <br />Sec. 34-52. Penalties <br />(a) Any person who violates or fails to comply with any provision of the N.C. <br />Fire Code ,ems- '-±, 1. as adopted, <br />amended, or augmented, or who shall violate or fail to comply with any order <br />made in connection with the fire prevention code, or who shall build in violation <br />of any specifications or plans submitted under the 1T.C. Fire. <br />H.G. _ , or any certificate or permit issued there <br />under, shall be guilty of a misdemeanor and punished in accordance with section <br />1-7. <br />(b) The imposition of a penalty for any violation shall not excuse the violation <br />or permit it to continue and all such violations shall be corrected within the <br />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 the <br />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 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 other <br />movable property be removed from any building on the property; that abandoned <br />or junked vehicles be removed; that improvements or repairs be made; or that <br />any other action be taken that is necessary to bring the property into compliance <br />with the N.C. Fire Code ., .... If <br />the defendant fails or refuses to comply with an injunction or with an order of <br />abatement within the time allowed by the court, he may be cited for contempt, <br />and the county may execute the order of abatement. The county shall have a lien <br />on the property for the cost of executing an order of abatement in the nature <br />of a mechanic's and material -man's lien. The defendant may secure cancellation <br />of an order of abatement by paying all cost of the proceedings and posting a <br />bond for compliance with the order. The bond shall be given with sureties to <br />the clerk of superior court in an amount approved by the judge before whom the <br />matter is heard and shall be conditioned on the defendant's full compliance <br />with the terms of the order of abatement within a time fixed by judicial order. <br />Cancellation of an order of abatement shall not suspend or cancel an injunction <br />issued in conjunction therewith. <br />(Ord. of B-16-93, S 4) <br />Sec. 34-53. Enforcement and duties. <br />(d) Fire C,d.The. C94e, N. ... - <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, 3 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 within <br />this jurisdiction for the purposes of ascertaining and causing to be corrected <br />any condition which may cause a fire or an explosion or endanger life from fire <br />or explosion. The inspector shall determine any violations of the provisions of <br />the code or any other ordinances pertaining to fire or explosion hazards. These <br />
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