GENERAL ASSEMBLY OF NORTH CAROLINA

1997 SESSION

 

 

S.L. 1997-93

HOUSE BILL 806

 

 

AN ACT TO ALLOW THE CITY OF CONOVER TO SERVE COMPLAINTS AND ORDERS BY PUBLICATION UPON OWNERS WHOSE IDENTITIES OR WHEREABOUTS ARE KNOWN AND THEY REFUSE TO ACCEPT SERVICE.

 

The General Assembly of North Carolina enacts:

 

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

"(b)      (1)       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 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.

(2)       This subsection applies only to municipalities that have a population in excess of 300,000 by the last federal census."

Section 2.  This act applies only to the City of Conover.

Section 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 26th day of May, 1997.

s/   Marc Basnight

President Pro Tempore of the Senate

 

s/   Harold J. Brubaker

Speaker of the House of Representatives