Carolina Shores City Zoning Code
CHAPTER 90
BUILDING REGULATIONS
REPAIR, CLOSING OR DEMOLITION OF ABANDONED STRUCTURES
[Reserved]
MOVERS OF BUILDINGS AND STRUCTURES
[Reserved]
§ 90.01 SCOPE OF CHAPTER AND CODES.
The provisions of this chapter and of the regulatory codes herein adopted shall apply to the following:
(A) The location, design, materials, equipment, construction, reconstruction, alteration, repair, maintenance, moving, demolition, removal, use and occupancy of every building or structure or any appurtenances connected to, attached to or detached from the building or structure;
(B) The installation, erection, alteration, repair, use and maintenance of plumbing systems consisting of house sewers, building drains, waste and vent systems, hot and cold water supply systems, and all fixtures and appurtenances thereof;
(C) The installation, erection, alteration, repair, use and maintenance of mechanical systems consisting of heating, ventilating, air conditioning and refrigeration systems, fuel burning equipment and appurtenances thereof; and
(D) The installation, erection, alteration, repair, use and maintenance of electrical systems and appurtenances thereof.
(Ord. 14-9, passed 10-9-2014)
§ 90.02 BUILDING CODE ADOPTED.
The currently approved edition of the North Carolina State Building Code and all technical codes including Residential, Electrical, Plumbing, Mechanical, Fuel Gas, Fire Prevention, Energy Conservation and Administration, Existing Buildings, Rehabilitation and all appendices, as adopted by the North Carolina Building Code Council and as amended, is hereby adopted by reference as fully as though set forth herein.
(Ord. 14-9, passed 10-9-2014)
§ 90.07 AMENDMENTS TO CODES.
Amendments to the regulatory codes adopted by reference herein, which are from time to time adopted and published by the agencies or organizations referred to herein, shall be effective in the town at the time the amendments are filed with the Town Clerk or Building Inspector as provided in § 90.09. New codes created from time to time related to §§ 90.02 to 90.06 such as energy and insulation codes are hereby incorporated via reference as adopted and amended by the North Carolina Building Code Council.
(Ord. 14-9, passed 10-9-2014)
§ 90.08 COMPLIANCE WITH CODES.
All buildings or structures which are hereafter constructed, reconstructed, erected, altered, extended, enlarged, repaired, demolished or moved shall conform to the requirements, minimum standards and other provisions of either the North Carolina State Building Codes.
(Ord. 14-9, passed 10-9-2014)
§ 90.09 COPIES OF CODES TO BE FILED WITH CLERK.
An official copy of each regulatory code adopted herein, and official copies of all amendments thereto, shall be kept on file in the office of the Town Clerk or Building Inspector. The copies shall be the official copies of the codes and the amendments.
(Ord. 14-9, passed 10-9-2014)
§ 90.15 ORGANIZATION OF DIVISION.
The Inspection Division of the town shall consist of a Building Inspector, and may also include a Plumbing Inspector, a Mechanical Inspector, an Electrical Inspector and any other inspectors or deputy or assistant inspectors as may be authorized by the Board of Commissioners. The Inspection Division shall be a component of the Department of Public Works and fall under the jurisdiction thereof for the purpose of organization, administration, supervision and coordination in compliance with § 21.10 of the code of ordinances.
(Ord. 14-9, passed 10-9-2014)
§ 90.16 GENERAL DUTIES OF DIVISION AND INSPECTORS; JURISDICTION THEREOF.
(A) General duties. It shall be the duty of the Inspection Division to enforce all of the provisions of this chapter and of the regulatory codes adopted herein, and to make all inspections necessary to ensure compliance with the provisions of this chapter and the North Carolina Building Codes including, but not limited to:
(1) Receive applications and supporting data for permits;
(2) Issue or deny permits;
(3) Make all necessary inspections to ensure code compliance;
(4) Identify provisions found to be inconsistent with the inspection;
(5) Issue or deny certificates of compliance and certificates of occupancy;
(6) Issue stop work orders or orders to correct violations;
(7) Maintain adequate records of permits issue or denied, inspections made, corrections ordered and certifications issued; and
(8) Take other actions that may be required to adequately enforce the code pursuant to statute (including, but not limited to, G.S. § 160A-412).
(B) Qualifications; code enforcement official’s qualifications. No state or local government employee shall enforce any provision of the North Carolina State Building Codes who does not possess an appropriate valid certificate issued by the North Carolina Code Official’s Qualification Board as specified in G.S. §§ 143-151.13 and 160A-411.1.
(C) Jurisdiction. The Inspection Division and the inspectors thereof shall have, pursuant to G.S. §§ 160A-411 and 160A-413, jurisdiction over all areas within the town limits, all extraterritorial areas that the town has jurisdiction pursuant to state laws, and over any areas in which the municipality have contracted with another unit of government to perform code enforcement.
(Ord. 14-9, passed 10-9-2014)
Editor’s note:
G.S. §§ 160A-411, 160A-411.1, 160A-412 and 160A-413 were repealed by Session Laws 2019-111, s. 2.3, as amended by Session Laws 2020-3, s. 4.33(a), and Session Laws 2020-25, s. 51(a), (b), (d), effective June 19, 2020.
§ 90.17 CONFLICTS OF INTEREST.
No officer or employee of the Inspection Division shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building or any part thereof, or in the making of plans or specifications therefor, unless he or she is the owner of the building. No officer or employee of the Inspection Division shall engage in any work which is inconsistent with his or her duties or with the interests of the town as subject by G.S. § 160A-415.
(Ord. 14-9, passed 10-9-2014)
Editor’s note:
G.S. § 160A-415 was repealed by Session Laws 2019-111, s. 2.3, as amended by Session Laws 2020-3, s. 4.33(a), and Session Laws 2020-25, s. 51(a), (b), (d), effective June 19, 2020.
§ 90.18 REPORTS AND RECORDS.
The Inspection Division shall keep complete, permanent and accurate records in convenient form of all applications received, permits issued, inspections and re-inspections made, and all other work and activities of the Inspection Division. Periodic reports shall be submitted to the Board of Commissioners and to other agencies, as required.
(Ord. 14-9, passed 10-9-2014)
§ 90.19 INSPECTION PROCEDURE.
(A) Inspections.
(1) Generally. The Inspection Division shall inspect all buildings and structures and work therein for which a permit of any kind has been issued as often as necessary in order to determine compliance with the appropriate codes. All holders of permits, or their agents, shall notify the Inspection Division and the appropriate inspector when work is ready for inspection and to provide access to and means for inspection of work for any inspections that are required by this code. Refer to the North Carolina Administrative Code for a list of all required inspections as amended by the North Carolina General Assembly and the North Carolina Building Code Council. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Inspector.
(2) Foundation inspection. To be made after trenches are excavated and the necessary reinforcement and forms are in place, and before concrete is placed. Drilled footings, piles and similar types of foundations shall be inspected as installed.
(B) Calls for inspection. Request for inspections may be made to the office of the Inspection Division or to the appropriate inspector. The Inspection Division shall make inspections as soon as practicable after a request is made therefor; provided the work is ready for inspection at the time the request is made.
(C) Re-inspections. Re-inspections may be made at the convenience of the inspector. No work shall be inspected until it is in proper and completed condition ready for inspection. All work which has been concealed before the inspection and approval shall be uncovered at the request of the inspector and placed in condition for proper inspection. Approval or rejection of the work shall be furnished by the appropriate inspector in the form of a notice posted on the building or given to the permit holder or his or her agent. Failure to call for inspections or proceeding without approval at each stage of construction shall be deemed a violation of this chapter.
(D) Certificate of occupancy. No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the Inspection Division has issued a certificate of occupancy therefor. A temporary certificate of occupancy may be issued for a portion or portions of a building which may safely be occupied prior to final completion and occupancy of the entire building. The Inspection Division shall issue a certificate of occupancy when, after examination and inspection, it is found that the building in all respects conforms to the provisions of this chapter, the regulatory codes and the zoning code for the occupancy intended.
(Ord. 14-9, passed 10-9-2014)
§ 90.20 OVERSIGHT NOT TO LEGALIZE VIOLATION.
No oversight or dereliction of duty on the part of any inspector or other official or employee of the Inspection Division shall be deemed to legalize the violation of any provision of this chapter or any provision of any regulatory code herein adopted.
(Ord. 14-9, passed 10-9-2014)
§ 90.21 POWERS OF INSPECTORS.
(A) Authority. Inspectors are hereby authorized, empowered and directed to enforce all the provisions of this chapter, and the regulatory codes herein adopted.
(B) Right of entry. With an appropriate warrant or permission from the owner or occupant, inspectors shall have the right to enter on any premises within the jurisdiction of the regulatory codes herein adopted at reasonable hours for the purpose of inspection or enforcement of the requirements of this chapter and the applicable regulatory codes, including but not limited to G.S. §§ 160A-420 and 160A-421.
(C) Stop orders. Whenever any building or structure or part thereof is being demolished, constructed, reconstructed, altered or repaired in a hazardous manner, or in violation of any provision of this chapter or any other town ordinance, or in violation of any provision of any regulatory code herein adopted, or in violation of the terms of the permit or permits issued therefor, or in such a manner as to endanger life or property, the appropriate inspector may order the work to be immediately stopped. The order shall be in writing to the owner of the property or to his or her agent, or to the person doing the work, and shall state the reasons therefor and the conditions under which the work may be resumed. Such orders shall be subject to the provisions of G.S. §§ 160A-420 and 160A-421.
(Ord. 14-9, passed 10-9-2014)
Editor’s note:
G.S. §§ 160A-420 and 160A-421 were repealed by Session Laws 2019-111, s. 2.3, as amended by Session Laws 2020-3, s. 4.33(a), and Session Laws 2020-25, s. 51(a), (b), (d), effective June 19, 2020.
§ 90.30 PERMITS REQUIRED; BUILDING PERMIT.
No person shall commence or proceed with: the construction, reconstruction, alteration, repair, movement to another site, removal or demolition of any building or other structure, or any part thereof; the installation, extension or general repair of any plumbing system; the installation, extension, alteration or general repair of any heating or cooling equipment system; or the installation, extension, alteration or general repair of any electrical wiring, devices, appliances or equipment without first securing from the Inspection Division each permit required by the North Carolina State Building Codes and other state or local law or local ordinance or regulation applicable to the work, such that the standards of state law are adhered to.
(Ord. 14-9, passed 10-9-2014)
§ 90.31 APPLICATION FOR PERMIT.
(A) Written application shall be made for all permits required by this chapter, and shall be made on forms provided by the Inspection Division.
(B) The application shall be made by the owner of the building or structure affected or by his or her authorized agent or representative, and, in addition to other information as may be required by the appropriate inspector to enable him or her to determine whether the permit applied for should be issued, shall show the following:
(1) Name, residence and business address of owner;
(2) Name, residence and business of authorized representative or agent, if any; and
(3) Name and address of the contractor, if any, together with evidence that he or she has obtained a certificate from the appropriate state licensing board for such contractors, if a certificate is required for the work involved in the permit for which application is made.
(Ord. 14-9, passed 10-9-2014)
§ 90.32 PLANS AND SPECIFICATIONS.
Where plans and specifications are required, an approved copy of the same shall be kept at the work site until all construction has been completed and approved by the appropriate inspector.
(Ord. 14-9, passed 10-9-2014)
§ 90.33 LIMITATIONS ON ISSUANCE OF PERMITS.
(A) No building permit shall be issued for any building or structure, the estimated total cost of which is more than $30,000, unless the work is to be performed by a licensed general contractor.
(B) No building permit shall be issued for any building or structure, other than a one- or two-family dwelling, the estimated total cost of which is more than $90,000, unless the plans bear the state seal of a registered design professional.
(C) Where any provisions of the General Statutes of North Carolina or of any ordinance requires that work be done by a licensed specialty contractor of any kind, no permit for the work shall be issued unless it is to be performed by the licensed specialty contractor.
(D) Where detailed plans and specifications are required by this chapter, no building permit shall be issued unless the plans and specifications have been provided.
(Ord. 14-9, passed 10-9-2014)
§ 90.34 ISSUANCE OF PERMIT.
When proper application for a permit has been made, and the appropriate inspector is satisfied that the application and the proposed work comply with the provisions of this chapter and the appropriate regulatory codes, he or she shall issue the permit, upon payment of the proper fee or fees as hereafter provided.
(Ord. 14-9, passed 10-9-2014)
§ 90.35 REVOCATION OF PERMITS.
The appropriate inspector may revoke and require the return of any permit by notifying the permit holder in writing, stating the reason for the revocation. Permits shall be revoked for any material departure from the approved application, plans or specifications; for refusal or failure to comply with proper orders of the inspector; for refusal or failure to comply with requirements of this chapter and the appropriate regulatory codes; or for false statements or misrepresentations made in securing the permit.
(Ord. 14-9, passed 10-9-2014)
§ 90.36 TIME LIMITATIONS ON VALIDITY OF PERMITS.
All permits issued under this chapter shall expire six months after the date of issuance if the work authorized by the permit has not been commenced. If after commencement, the work is discontinued for a period of 12 months, the permit therefor shall immediately expire. No work authorized by any permit which has expired shall thereafter be performed until a new permit has been secured, pursuant to G.S. § 160A-418.
(Ord. 14-9, passed 10-9-2014)
Editor’s note:
G.S. § 160A-418 was repealed by Session Laws 2019-111, s. 2.3, as amended by Session Laws 2020-3, s. 4.33(a), and Session Laws 2020-25, s. 51(a), (b), (d), effective June 19, 2020.
§ 90.37 CHANGES IN WORK.
After a permit has been issued, changes or deviations from the terms of the application and permit, or changes or deviations from the plans or specifications involving any work under the jurisdiction of this chapter or of any regulatory code adopted herein, shall not be made until specific written approval of the changes or deviations has been obtained from the appropriate inspector.
(Ord. 14-9, passed 10-9-2014)
§ 90.38 PERMIT FEES, INSPECTION FEES.
(A) Permit fees. Fees for permits shall be based on the total estimated cost of the proposed work, including all subcontracts if any, but in no case shall the total estimated cost be less than the market value of similar completed work in the town as determined by the appropriate inspector or inspectors. Permit fees shall be as established by the Board of Commissioners and filed in the office of the Building Inspector.
(B) Inspection fees. Building permit fees for the construction, alteration or addition of buildings shall be based upon the total cost of the general construction, alteration or addition. The term TOTAL COST OF CONSTRUCTION shall mean the greater amount of a bona fide bid price, duly authenticated of the general construction, alteration or addition or a sum equal to the product of the number of square feet of the general construction, alteration or addition multiplied by the multiple in the schedule of fees adopted.
(C) Demolition fees and sureties. Demolition permit fees for the demolition of an existing building shall be $200 and shall require the posting of a letter of credit or surety bond in the amount of 10% of the tax value listed by the Brunswick County Tax Assessor. Such surety shall be payable to the town for the removal and disposal of the demolished or partial demolished structure and callable in the event of non-performance by the demolition contractor. Sureties may not be partially drawn down, but released only when the structure including all appurtenances thereto are completely removed from the lot and the lot is restored to a natural planted state.
(Ord. 14-9, passed 10-9-2014; Am. Ord. 17-5, passed 3-9-2017)
§ 90.39 TOWN HELD HARMLESS.
The applicant seeking a permit required by this and other chapters under the jurisdiction of the Inspections Section shall hold the town harmless from claims of bodily injury and/or property damage of all persons arising out of the use or occupancy of the premises as specified on the permit by the applicant, his or her agents, employees or invitees.
(Ord. 14-9, passed 10-9-2014)
§ 90.50 FINDINGS, PURPOSE, AND AUTHORITY.
(A) Pursuant to G.S. Chapter 160D, Article 12, it is hereby found and declared that there exist in the town dwellings that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents, and dangerous circumstances, lack of ventilation, light, and sanitary facilities, and other conditions rendering such dwellings unsafe, unsanitary, dangerous, and detrimental to the health, safety, morals, and welfare of the town’s residents.
(B) To protect the health, safety and welfare of the town’s residents, it is the purpose of this subchapter to establish minimum standards of fitness for the initial and continued occupancy of all buildings used for human habitation.
(C) It is also hereby found and declared that there exist in the town dwellings that, although not meeting the classification as being unfit for human habitation, fail to fully comply with the minimum housing standards established herein, and therefore present conditions inimical to the public health, safety, and welfare that, if not remedied, can result in the deterioration and dilapidation of dwellings and render them unfit for human habitation.
(Ord. 23-8, passed 9-11-2023)
§ 90.51 DEFINITIONS.
When used in this subchapter, the following terms shall have the meanings set forth below unless a different meaning clearly appears from the context.
OWNER. The holder of a recorded interest in real property and every mortgagee of record.
PARTIES IN INTEREST. All individuals, corporations, limited liability companies, partnerships, associations, and other entities that have interests of
record in a dwelling, and any that are in possession thereof.
PUBLIC AUTHORITY. Any officer in charge of any department or branch of the town relating to health, fire, building regulations, or other activities concerning dwellings within the town’s planning and development regulation jurisdiction.
PUBLIC OFFICER. The officer authorized to exercise the powers prescribed under this subchapter and under G.S. Chapter 160D, Article 12.
(Ord. 23-8, passed 9-11-2023)
§ 90.52 VIOLATIONS.
Upon finding that dwelling conditions of the character described in § 90.50 exist within the town, this subchapter provides that:
(A) A public officer be designated or appointed to exercise the powers prescribed herein.
(B) Whenever a petition is filed with the public officer by a public authority, or by at least five residents of the town, charging that any dwelling is unfit for human habitation, or whenever it appears to the public officer (on his or her own initiative) that any dwelling is unfit for human habitation; the public officer, if his or her preliminary investigation discloses a basis for such charges, shall:
(1) Issue and cause to be served upon the owner of the subject property, and upon the parties in interest, a complaint stating the charges of how the dwelling is in violation of this subchapter;
(2) Provide notice that a hearing will be held before the public officer (or his or her designated agent) at a place within the town, not less than ten days before, nor more than 30 days after serving the complaint;
(3) Give the owners and parties in interest the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and
(4) Provide that the rules of evidence prevailing in courts of law or equity shall not be controlling in the hearing he or she conducts.
(C) If, after notice and hearing, the public officer determines that the subject dwelling is unfit for human habitation, he or she shall set forth in writing the findings of fact supporting that determination, and shall issue and cause to be served upon the owner thereof one of the two following orders, whichever is appropriate:
(1) If the repair, alteration or improvement of the dwelling can be made at a reasonable cost not exceeding 50% of the then current value of the dwelling, an order requiring the owner, within the time specified, to repair, alter, or improve the dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation. The order may require that the property be vacated and closed only if continued occupancy during the time allowed for repair will present a significant threat of bodily harm, taking into account the nature of the repairs, alterations, or improvements and the current state of the property. The order shall state that the failure to make timely repairs, as directed therein, shall make the dwelling subject to the issuance of an unfit order under division (D) hereof; or
(2) If the repair, alteration, or improvement of the dwelling cannot be made at a reasonable cost not exceeding 50% of the then current value of the dwelling, an order requiring the owner, within the time specified in the order, to remove or demolish the dwelling.
(D) If an owner fails to comply with an order to repair, alter, improve, or vacate and close the dwelling, the public officer may cause the dwelling to be repaired, altered, improved or vacated and closed, and may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: “This building is unfit for human habitation; the use or occupation of this building for human habitation is prohibited and unlawful.”
Occupation of a building so posted shall constitute a misdemeanor. The duties of the public officer, as set forth in this division, shall not be exercised until the Town Board of Commissioners shall have, by ordinance, ordered the public officer to proceed with effectuating the purpose of this subchapter with respect to the subject property, which property shall be described in the ordinance. This ordinance shall be recorded in the Brunswick County Register of Deeds, and shall be indexed in the name of the property owner in the grantor index.
(E) If an owner fails to comply with an order to remove or demolish the dwelling, the public officer may cause the dwelling to be removed or demolished. The duties of the public officer set forth in this division shall not be exercised until the Town Board of Commissioners shall have, by ordinance, ordered the public officer to proceed with effectuating the purpose of this subchapter with respect to the subject property, which property shall be described in the ordinance. This ordinance shall be recorded in the Brunswick County Register of Deeds, and shall be indexed in the name of the property owner in the grantor index. No such ordinance shall be adopted to require demolition of a dwelling until the owner has first been given a reasonable opportunity to bring it into conformity with the housing code.
(F) If the dwelling has been vacated and closed for a period of one year, pursuant to an ordinance adopted under division (D) hereof, or after the public officer issues an order under this subchapter regarding a dwelling to be repaired or vacated and closed, the Town Board of Commissioners may find that the owner has abandoned the intent and purpose to repair, alter, or improve the dwelling in order to render it fit for human habitation, and that the continuation of the dwelling in its vacated and closed state is hazardous to public health, safety, and welfare in that the dwellingwill continue to deteriorate, result in fire and safety hazards, pose a threat to children and vagrants, possibly attract persons intent on criminal activities, and contribute to the deterioration of property values in the area, then the Town Board of Commissioners may, after the one year-period has expired, enact and serve on the owner an ordinance setting forth the following:
(1) If it is determined that the repair of the dwelling to render it fit for human habitation can be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require that the owner to either repair or demolish and remove the dwelling within 90 days; or
(2) If it is determined that the repair of the dwelling to render it fit for human habitation cannot be made at a cost not exceeding 50% of the then current value of the dwelling, the ordinance shall require the owner to demolish and remove the dwelling within 90 days.
The ordinance shall be recorded in the Brunswick County Register of Deeds, and shall be indexed in the name of the owner in the grantor index. If the owner fails to comply with the ordinance, then the public officer shall effectuate the purpose of this subchapter.
(G) The amount of the cost of repairs, alterations, or improvements to the dwelling or the costs of vacating and closing and/or removing or demolishing the dwelling that are incurred by the town shall be a lien against the real property upon which the cost was incurred, which lien shall be filed, have the same priority, and be collected as a lien for special assessments as set forth in G.S. Chapter 160A, Article 10. If the dwelling is removed or demolished by the public officer, he or she shall sell the materials of the dwelling, together with any personal property, fixtures or appurtenances found in or attached to the dwelling, and shall credit the proceeds of the sale against the cost of the removal or demolition, and any balance remaining shall be deposited in the superior court by the public officer, secured in a manner directed by the court, and shall be disbursed by the court to the persons found to be entitled thereto by a final order or decree of the court.
(H) If any occupant fails to comply with an order to vacate a dwelling, the public officer may file a civil action in the name of the town to remove the occupant as set forth in G.S. § 160D-1203(8).
(Ord. 23-8, passed 9-11-2023)
§ 90.53 PUBLIC OFFICER AND STANDARDS.
The public officer for the town shall be the Building Inspector, who may determine that a dwelling is unfit for human habitation if he or she finds that conditions exist in the dwelling that render it dangerous or injurious to the health, safety, and welfare of the dwelling's occupant(s), the occupants of neighboring dwellings, or other residents of the town. Defective conditions may include, without limitation, the following: defects increasing the hazards of fire, accident, or other injurious circumstances; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; faulty and improper wiring; structural defects; and uncleanliness.
(Ord. 23-8, passed 9-11-2023)
§ 90.54 ADDITIONAL POWERS OF THE PUBLIC OFFICER.
The Building Inspector is hereby authorized to exercise any powers necessary to:
(A) Investigate dwelling conditions in the town to determine that dwellings are unfit for human habitation;
(B) Administer oaths, affirmations, examine witnesses, and receive evidence;
(C) Enter upon premises, pursuant to an administrative warrant if necessary, for the purpose of making examinations in a manner that will least inconvenience the person in possession;
(D) Appoint and fix the duties of officers, agents, and employees necessary to carry out the purposes of the ordinances; and
(E) Delegate any of his or her functions and powers under this subchapter to other officers and other agents.
(Ord. 23-8, passed 9-11-2023)
§ 90.55 SERVICE OF COMPLAINTS AND ORDERS.
(A) Complaints or orders issued by the public officer shall be served personally or by certified mail. When by certified mail, a copy of the complaint or order may also be sent by regular mail. Service shall be deemed sufficient if the certified mail is unclaimed or refused, and the regular mail is not returned by the U.S. Postal Service within ten days after it was mailed. If regular mail is used, then a notice of the pending proceedings shall be posted in a conspicuous place on the subject premises.
(B) If the identities of any owners or the whereabouts of persons are unknown and cannot be reasonably ascertained by the public officer, or in the event the owners are known but have refused to accept service by certified mail and the public officer makes an affidavit to that effect, then the serving of the complaint or order may be made by publication in a newspaper having general circulation in the jurisdiction at least once no later than the time in which personal service would be required under the provisions of this chapter. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the subject premises.
(Ord. 23-8, passed 9-11-2023)