(A) Investigation.
(1) The Building Inspector shall have the responsibility for enforcing the provisions of this subchapter.
(2) The Building Inspector, upon notice from any person of the possible existence of any of the conditions described in § 94.03(B) above shall cause to be made such investigations as may be necessary to determine whether conditions exist which may constitute a public nuisance as declared in § 94.03(B).
(B) Hearing. If it appears that such conditions exist, the Building Inspector shall cause to be delivered or mailed to the owner of the property upon which the conditions exist a notice stating the reasons why the conditions may constitute a violation and that a hearing will be held before the Town Manager at a place therein fixed, not less than ten nor more than 30 days after the delivery or mailing of the notice. The owner or any party in interest shall have the right to file an answer to the notice and to appear in person, or otherwise, and give evidence at the place the time fixed in the notice. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in the hearings.
(C) Order of abatement. If a determination is made that the conditions constituting a public nuisance exist, the Town Manager shall notify, in writing, the owner of the premises in question of the conditions constituting the public nuisance and shall order the prompt abatement thereof within 15 days from the receipt of the written notice. The decision of the Town Manager is final.
(D) Removal of nuisance.
(1) If the owner, having been ordered to abate such a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance by the deadline given, the Town Manager may cause the condition to be removed or otherwise remedied by having employees of the town go upon the premises and remove or otherwise abate the nuisance under the supervision of an officer or employee designated by the Town Manager.
(2) Any person who has been ordered to abate a public nuisance may within the time allowed by this subchapter request the town in writing to remove the condition, the cost of which shall be paid by the person making the request. This section applies only to the removal of nuisances which are in violation of § 94.03(B) above.
(E) Cost of removal charged to owner.
(1) The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of the lot or parcel of land, and it shall be the duty of the Tax Collector to mail a statement of the charges to the owner or other person in possession of the premises with instructions that the charges are due and payable within 30 days from the receipt thereof.
(2) This section applies only to the removal of nuisances which are in violation of § 94.03 above.
(F) Liens. In the event charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of charges as provided for in division (C) above, the charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. § 160A-193. This section applies only to the removal of nuisances which are in violation of § 94.03(B) above.
(G) Enforcement. In addition to the procedure set forth above, any person that violates any section of this subchapter is subject to the provisions set forth in Chapter 11, § 11.01 of this code. Each day a violation continues shall be deemed a separate offense.
(1989 Code, Title VI, Ch. 68, Art. V)