HomeMy WebLinkAbout2-16-09 UCC2007-00348 JEFFERY WALKER JUDGE ORDER.TIFcc CC 34
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF CATAWBA FILE NUMBER: 2008 -CVS -3548
CATAWBA COUNTY,
Plaintiff, l;r__._
V. — ` --- - -- ORDER
JEFFREYWALKER and wife,
HOLLY N. DAGENHARDT WALKER,
Defendants.
THIS MATTER coming on to be heard before the Honorable James W. Morgan, presiding over the
February 16, 2009, Session of Civil Superior Court held in Newton, North Carolina. Attorney Debra
Bechtel being present for the Plaintiff, Catawba County and Defendants, who were properly noticed but
did not appear in Court, and the Court having heard testimony for Plaintiff, the Court makes the following
findings of fact:
1. That Plaintiff County has properly notified the Defendants of the on -going solid waste violation
on the property located at 1273 Maiden Wood Circle, Maiden, North Carolina and have given
Defendants the opportunity to resolve the violation by removing the burned structure.
2. That a Hearing was held before this Court on February 16, 2009 at which Defendants were
noticed in accordance with the North Carolina Rules of Civil Procedure; however, neither
Defendant appeared.
3. That on February 16, 2009 the Court entered an Order directing the Defendants to remove the
remains of the burned structure within 60 days from the date of this Order.
BASED UPON THE FOREGOING FINDINGS OF FACT, THE COURT CONCLUDES AS A
MATTER OF LAW AS FOLLOWS:
1. That the Court has personal jurisdiction over the parties and the subject matter.
2. That the Superior Court Division is proper venue for the hearing of this matter.
3. That Defendants have been properly noticed but have not responded nor appeared before the
Court.
4. That the Defendants have 60 days from the date of this Order to remove the solid waste issues
that exist on the subject property.
IT IS THEREFORE ORDERED:
1. That the Defendants are ordered to comply with Chapter 32 of the Catawba County Code entitled
"Solid Waste Management ", in respect to removing the remains of the burned structure.
2. That the Defendants' property be in compliance with the Code within 60 days from the date of
this Order.
3. That the Defendants are ordered to reimburse Plaintiff, in the form of a cashier's check or money
order, $110.00 filing fee to the Catawba County Clerk of Court and $30.00 service by the
Catawba County Sheriff's office for a total sum of $140.00, to be paid within 60 days from the
date of this Order.
This the 16"' day of February, 2009.
Q✓ "
ThYffonorable James W. Morgan
Superior Court Judge