§ 40.56 ADMINISTRATION.

   The administration of this subchapter shall be under the direction of the City Director of Public Works who shall investigate violations, issue such notices and orders as are required herein, and perform such other duties as may be necessary to the enforcement hereof.

(Ord. 94-34, passed 12-5-94)

§ 40.57 ABATEMENT PROCEDURE.

   Any obstruction to cross-visibility maintained in violation of his subchapter shall be deemed to be a public nuisance inconsistent with and detrimental to the public safety and shall be abated in accordance with the following procedure:

   (A)   The City Director of Public Works shall cause to be served by certified mail a written notice and order of abatement upon the owner, tenant, and/or person having legal control of the premises upon which such obstruction exists.

   (B)   Such obstruction shall be removed within ten days from the date of receipt of such notice and order.

   (C)   Any person receiving such notice and order may, within ten days from receipt thereof, request, in writing, a hearing be fore the City Manager or his designee. If any person receiving such notice and order does not comply with the order and does not request in writing, a hearing before the City Manager or his designee within that ten- day period, the City Director of Public Works may request, in writing, that the City Manager or his designee fix the date of hearing and notify the person upon whom the notice and order has been served of the time and place of such hearing. If, after such hearing, the City Manager or his designee finds that the obstruction in question does in fact constitute a public nuisance, the City Manager or his designee shall order that such nuisance be abated within ten days from the date of such order. Upon failure by any person to comply with such order of the City Manager or his designee, the City Director of Public Works shall cause the removal of such obstruction by city forces and/or an independent contractor, the cost of such removal shall be billed to the owner and/or person having legal control of the land. If unpaid for more than 30 days, such cost shall be a lien against the property from which such obstruction is removed. The City Director of Public Works shall have the authority to file the lien on the public records of Stanly County and to cancel the lien when paid.

(Ord. 94-34, passed 12-5-94)

§ 40.58 ADDITIONAL REMEDIES.

   In addition to other remedies provided herein, the city shall be entitled to seek a judicial injunction and order of abatement or other equitable remedy to secure the enforcement of this subchapter regardless of whether the City Manager has held or been requested to hold a hearing or the Manager or City Council has declared the condition a nuisance.

(Ord. 94-34, passed 12-5-94)

§ 40.99 PENALTY.

   (A)   Any person who violates § 40.30 or 40.31 shall be guilty of a misdemeanor.

   (B)   Any person whose act, neglect, omission, or who, by permitting a condition to continue, whether done or neglected directly or through an agent, servant, or employee, causes additional expense to the city for necessary special street, sidewalk, or storm drain cleaning or repair, shall reimburse the city for its expense upon receipt of an itemized statement of expense submitted by the city, and upon failure to reimburse the city shall incur and be liable to the city for a civil penalty of $200.

   (C)   The Finance Department shall send to any person responsible for additional expense to the city an itemized statement of the expense incurred and a request for reimbursement. The City Attorney is authorized to bring suit in the name of the city to recover any unpaid penalties.

(Ord. 79-7, passed 4-23-79)

APPENDIX: VACATIONS

ORD. NO	DATE	DESCRIPTION
85-29	12-12-85	South Fifth Street from its intersection with East Main Street to a point l25 feet south; except as a pedestrian walkway, and reserving the utility rights-of-way.
88-23	8-1-88	Sycamore Street from its intersection with Leslie Street northwardly to the end thereof, and Leslie Street from its intersection with Sycamore Street to the east right-of-way line extended of the roadway connecting Leslie Street and Salisbury Avenue.
88-27	9-13-88	The segment of Moss Street from its intersection with Freeman Avenue to the intersection of Montgomery Avenue Extension (formerly Crowell Avenue) and the alleys shown in Block 4 and Block 5 of Crowell Heights Subdivision.
90-1	1-16-90	The public alley located approximately 100 feet north of the main square in the City of Albermarle (intersection of Second Street and Main Street), said alley extending from North Second Street westwardly and southwardly to West Main Street.
97-20	5-19-97	North Third Street from its intersection with Yadkin Street to its intersection with North Second Street.
98-45	10-19-98	Closing and vacating Nields Street from its intersection with Kingsley Drive northwardly to the end thereof.
98-46	10-19-98	Closing the right-of-way and easement encumbering the 0.07 acre parcel lying at the eastern terminus of Wiscassett Street and the 0.11 acre parcel located on the northeast side of Carolina Avenue from its intersection with U.S. 52 and Wiscassett Street.
99-58	11-1-99	Closing a section of Rebel Road from its intersection with Ridge Street eastwardly to the west line of a proposed cul-de-sac, 247 feet more or less.
00-06	2-21-00	Closing a section of High Street from its intersection with Highland Avenue to its intersection with Elmwood Avenue.
16-21	7-18-16	Closing the unopened, unnamed street traversing the real property of the Main Street Methodist Church, in a generally southwesterly direction from NC Highway 73 (Concord Road) to the Church’s westernmost property line.
16-25	8-15-16	Closing East Drive traversing the real property of RANA, LLC, in a generally southwesterly direction from Inger Street across RANA, LLC’s land to its southwesterly terminus at RANA, LLC’s property line.