GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 526

HOUSE BILL 290

 

AN ACT TO ALLOW NOTICE BY PUBLICATION OF HOUSING CODE ENFORCEMENT WHERE SERVICE BY CERTIFIED MAIL IS REFUSED.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 160A-445 reads as rewritten:

"§ 160A-445. Service of complaints and orders.

Complaints or orders issued by a public officer pursuant to an ordinance adopted under this Part shall be served upon persons either personally or by registered or certified mail. If the identities of any owners or the whereabouts of persons are unknown and cannot be ascertained by the public officer in the exercise of reasonable diligence, or, if the owners are known but have refused to accept service by registered or certified mail, and the public officer makes an affidavit to that effect, then the serving of the complaint or order upon the unknown owners or other persons may be made by publication in a newspaper having general circulation in the city at least once no later than the time at which personal service would be required under the provisions of this Part. When service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected."

Sec. 2.  This act applies only to municipalities that have a population in excess of 300,000 by the last federal census.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 3rd day of July, 1991.

 

───────────────────

James C. Gardner

President of the Senate

 

───────────────────

Daniel Blue, Jr.

Speaker of the House of Representatives