<div class="chunk-title">Sec. 4-132. - Failure of occupant to comply with order.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               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 county to remove such occupant. The action
               to vacate the dwelling shall be in the nature of summary ejectment and shall be commenced
               by filing a complaint naming as parties-defendant any person occupying such dwelling.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               The clerk of superior court shall issue a summons requiring the defendant to appear
               before a magistrate at a certain time, date and place not to exceed ten days from
               the issuance of the summons to answer the complaint. The summons and complaint shall
               be served as provided in G.S. 42-49. The summons shall be returned according to its
               tenor, and if on its return it appears to have been duly served, and if at the hearing
               the public officer produces a certified copy of an ordinance adopted by the county
               board of commissioners pursuant to <a href="" data-chunk-id="COOR_CH4BUBURE_ARTIVMIHOST_S4-131FAOWCOOR" class="section-link" data-product-id="12419">section 4-131</a>(c) authorizing the officer to proceed to vacate the occupied dwelling, the magistrate
               shall enter judgment ordering that the premises be vacated and that all persons be
               removed. The judgment ordering that the dwelling be vacated shall be enforced in the
               same manner as the judgment for summary ejectment entered under G.S. 42-30.
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            <p class="incr0">
               (c)
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            <p class="content1">
               An appeal from any judgment entered pursuant to this section by the magistrate may
               be taken as provided in G.S. 7A-228, and the execution of such judgment may be stayed
               as provided in G.S. 7A-227.
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            <p class="incr0">
               (d)
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            <p class="content1">
               An action to remove an occupant of a dwelling who is a tenant of the owner may not
               be in the nature of a summary ejectment proceeding pursuant to this section, unless
               such occupant was served with notice at least 30 days before filing of the summary
               ejectment proceeding that the county board of commissioners has ordered the public
               officer to proceed to exercise his duties pursuant to <a href="" data-chunk-id="COOR_CH4BUBURE_ARTIVMIHOST_S4-131FAOWCOOR" class="section-link" data-product-id="12419">section 4-131</a> to vacate and close or remove and demolish the dwelling.
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            <p class="historynote0">
               (Ord. of 10-4-88)
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Similar provisions, G.S. 160-443(7).
               </p></div>