§ 14-148. Notice of violation and order to correct.

When the fire chief or his designee determines that a violation of this article exists or that any commercial building or structure required to have a permit under the North Carolina Fire Prevention Code does not have a valid permit in effect, he shall issue a notice of violation and order to correct the violation. Such notice and order shall:

(1)

State the nature of the violation and the penalty to be imposed.

(2)

Direct the violator to pay any unpaid fees and/or civil penalties by mailing the order and a check or money order to the town, or by personally paying the amount at the town hall.

(3)

Notify the violator that a failure to pay any unpaid fees or penalties within the prescribed time may subject the violator to civil action in the nature of debt for the collection of any unpaid fees or additional penalties and may be collected by penalty plus any additional penalties, together with the cost of the action to be taxed by the court.

(4)

Provide and state that any unpaid penalty must either be paid as set forth above, or the failure to pay must be cleared by the fire chief within a specified period of time from the issuance of the violation notice and correction order. The notice and order shall further state that if the violation is not corrected and the order is not cleared within the specified time period, the filing of a civil complaint for the collection of any unpaid penalty may be initiated, together with other legal proceedings, including the filing of criminal charges. As used herein, an order will be deemed "cleared" when either (i) full payment has been made, or (ii) arrangements for payment have been made, or (iii) the violator has made a prima facie showing to the fire chief that the notice and order was issued as a result of mistake, inadvertence, or neglect, and (iv) all identified violations of Fire Prevention Codes have been corrected.

(5)

Service of notice of violation and order to correct shall be made upon the owner, operator, or occupant, or other person having control over the premises where the violation exists. Service shall be made by delivering a copy of the notice and order by hand delivery or by registered or certified mail, return receipt requested, sent to owner, operator, occupant, or tenant at his last known address listed in the Brunswick County Tax Assessors records, or by leaving a copy of the notice and order with an agent or employee of such person. If the owner, operator, occupant or tenant cannot be located on the premises, the fire chief or his designee may effectuate service by affixing a copy of the notice and order prominently on the main entrance of the building where the violation exists.

Where correcting the violation will require improvement to real property or may result in administrative penalties against the property owner, the property owner must be notified by mailing a copy of the notice and order to the owner's address as listed in the Brunswick County Tax Assessors Office.

(Ord. No. O18-025 , § 1, 8-23-2018)