Section
80.01 Authority
80.02 Administration and enforcement
80.03 Definitions
80.04 Responsibility for violations
80.05 Nuisances declared
80.06 Duty to investigate possible nuisances
80.07 Notice of existence of nuisance; summary abatement
80.08 Appeal of determination of nuisance; abatement
80.09 Abatement of nuisances by town
80.10 Cost of nuisance abatement to be charged to owner of property
80.11 Lien created upon failure to pay nuisance abatement costs
80.12 Notice to chronic violators
80.13 Administrative fee
80.14 Procedures in chapter not exclusive
80.99 Penalties
This chapter is enacted pursuant to the town's authority to define, prohibit, regulate, and abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens or the peace and dignity of the town and to define and abate nuisances pursuant to G.S. §§ 160A-174 and 160A-175; to summarily remove, abate, or remedy everything in the town limits or within one mile thereof that is dangerous or prejudicial to the public health or public safety pursuant to G.S. § 160A-193; and to provide annual notice to chronic violators pursuant to G.S. § 160A-200.1.
(Ord. passed 12-16-2019)
Unless otherwise defined herein, words used in this chapter that are defined in Chapter 91 of this Code (“Storage and Collection of Solid Waste and Recyclables”) shall have the meanings provided in Chapter 91.
(Ord. passed 12-16-2019)
Any person whose intentional acts or omissions results in a violation of this chapter is responsible for the violation as provided herein. Any person who is a “responsible person” with respect to real property where a nuisance is or was maintained is responsible to abate the nuisance and/or may be subject to penalties as specified herein. For purposes of this chapter, a “responsible person” includes any person who has ownership, legal control of, or actual possession of the property in question, including an owner, lessee, sublessee and/or occupant, as well as the invitees of any such person.
(Ord. passed 12-16-2019)
Each of the following enumerated and described conditions, if created, allowed, and/or maintained with respect to any building, structure, dwelling, dwelling unit or parcel of land, is hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare to the inhabitants of the town and/or is unsightly, unattractive and contributes measurably to visual blight within the town, and is found, deemed and declared to be a public nuisance wherever the same may exist and the creation, maintenance or failure to abate any such nuisance is hereby declared unlawful.
(A) Between June 1 and September 30 of each year, growth of grass or weeds over eight inches in height in an area normally maintained as a lawn. For purposes of this section, a lawn is an area of open, grass-covered land that normally is mowed regularly to keep it short, as opposed to an area that is maintained in a natural state or cultivated with shrubs, herbs, flowers, vegetables, or other garden plants.
(B) Grass, weeds, vines, shrubs, or other vegetation over eight inches in height encroaching upon or over a sidewalk, greenway, or the curb or edge of the pavement of an abutting street.
(C) Any condition that blocks or obstructs the natural flow of branches, streams, creeks, surface waters, ditches or drains, except as permitted per lawfully-approved development plans; provided, that if the obstruction is caused by natural forces and does not pose an imminent danger or peril to the public, the property owner and any other responsible person shall have a reasonable opportunity to clear the obstruction before it shall be deemed a nuisance.
(D) Any stormwater retention or impoundment device that is not operating properly.
(E) Nuisance vehicles as defined by Chapter 81 of this code; provided, the process for abating a nuisance vehicle shall be as provided in Chapter 81.
(F) Any of the following that either: (i) Is visible from one or more adjacent streets or sidewalks, from public property, or from one or more other private properties; or (ii) poses a danger to the health or welfare of the public or adjacent residents or businesses; provided, that an accumulation of solid waste shall not constitute a public nuisance if it is (i) properly stored in appropriate receptacles or maintained for collection in accordance with the requirements of Chapter 91 of this code ("Storage and Collection of Solid Wastes And Recyclables"), and (ii) in the case of solid waste placed for special collection, arrangements are made within one business day of the accumulation being created for the town's Public Works Department to collect the solid waste.
(1) Any accumulation of solid waste, including any manner of refuse, scrap materials, or junk.
(2) A collection place, storage or accumulation of lumber, bricks, blocks, nails, building hardware, roofing materials, scaffolding, masonry materials, electrical supplies or materials, plumbing supplies or materials, heating and air conditioning supplies or material or any other type of old or unusable building supplies (especially those with nails, staples or sharp objects and edges), unless such materials are collected for purposes of an improvement or repair being made to that same property or pursuant to a legitimate plan to make an improvement or repair to that same property within six months of when the accumulation is first created.
(3) A collection place, storage or accumulation of any amount of garbage, garbage bags, food and kitchen waste, litter, animal waste, trash, or other rotten or putrescible matter of any kind; provided, that nothing in this subdivision shall be construed to prevent the generally accepted use of a properly maintained compost pile or storage of animal manure being used as fertilizer for lawns, gardens or other agricultural or horticultural purposes.
(4) Deteriorated or dilapidated sheds, outbuildings, garages or other uninhabited structures that have collapsed, partially collapsed or are likely to collapse and pose a danger of fire, present a risk of injury to neighborhood children who are likely to be attracted to the place, or otherwise pose a danger to adjacent property owners or the public.
(5) The non-temporary use of carports, open porches, decks, patios and other non-enclosed outdoor areas that are visible from the street as a storage or collection place for boxes, appliances, furniture (not including outdoor furniture used for their ordinary purposes), tools, equipment, junk, garbage, old, worn out, broken or discarded machinery and equipment, cans, containers, household goods or other similar conditions that increase the likelihood of a fire, may conceal dangerous conditions, or create an unattractive condition or visually blighted property.
(6) A collection place, storage or accumulation of any amount of old, worn out, broken or discarded machinery, vehicle parts, tires, tire rims and tubes, metal products, old clothes, rags, furniture, stoves, refrigerators, appliances, cans and containers, household goods, mattresses, boxes, paper, plumbing or electrical fixtures, glass products, brush, limbs, fencing materials, wood products (not including firewood) or similar materials.
(7) A collection of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, brush, old clothes, rags, or any other combustible materials of a like nature.
(G) Any improper or inadequate drainage on private property that causes flooding or interferes with the use of or endangers in any way the streets, sidewalks, parks or other municipal property of any kind.
(H) Failure to clean or clear a public street of mud and debris related to a construction, timbering, or other similar land use project within 12 hours after notification by the town for major and minor thoroughfares or within 24 hours after such notification for collector and local streets; however, if it is found by the town that the situation poses a clear and present danger or hazard to traffic or the general public, such cleaning or clearing may be required to take place as soon after notification as practicable.
(I) Failure to remove a dead or partially fallen tree that poses an obvious and imminent threat to a dwelling located on another property or to the traveling public (e.g., motorists, bicyclists or pedestrians).
(J) Failure to remove any tree or tree limb or any concentration of branches which have fallen due to an act of nature or having been cut, except in an area maintained as a natural area. For purposes of this provision, a "natural area" means any area that is not maintained as a lawn or paved, graveled, hardscaped, or otherwise improved.
(K) Failure to remediate an accumulation of gravel or similar materials deposited from private property onto a town street or sidewalk after the owner or occupant of the property has been warned of such accumulation by the town within the prior 24 months.
(L) Any condition that is defined as a nuisance in Chapter 96 of this code ("Streets, Sidewalks, and Other Public Ways; Encroachments"), including but not limited those related to obstruction of or depositing injurious materials upon streets or sidewalks; drainage; and obstruction of sight distances.
(M) The establishment, continuance, maintenance, or use of any building or place for social gatherings or business which, by reason of the conduct of those persons in attendance, results in any one or more of the following conditions or occurrences: public drinking or drunkenness; public urination or defecation; the unlawful sale, furnishing, or consumption of alcoholic beverages or illegal drugs; the unlawful deposit of trash or litter on public or private property; the destruction of public or private property; the generation of pedestrian or vehicular traffic that obstructs the free flow of residential traffic or interferes with the ability to provide emergency services; excessive, unnecessary or unusually loud noise that disturbs the repose of the neighborhood; public disturbances, brawls, fights or quarrels; repeated activities that violate other local ordinances; acts which create and constitute a breach of the peace as defined in G.S. § 19-1.1; or any other activity resulting in conditions that unreasonably annoy, injure or endanger the safety, health, comfort or repose of neighboring residents or businesses. Any owner, tenant, or other responsible person of any premises who sponsors, conducts, hosts, invites, suffers, permits, or continues to allow a nuisance gathering as described in in this division, any person attending such a nuisance gathering, and any owner, tenant or other responsible person who fails to take reasonable steps to prevent a subsequent nuisance gathering is in violation of this section.
(N) Any condition that is specifically defined as a nuisance pursuant to any other provision of this Code; provided, that this subdivision does not apply to conditions declared to be nuisances under Chapter 50 ("Water and Sewer") and any such conditions shall be governed by the provisions of that Chapter.
(O) Any other condition specifically declared to be a danger or prejudicial to the public health, safety, and general welfare of inhabitants of the town and declared to be a public nuisance by a code enforcement officer and affirmed to be a public nuisance by the town council. The code enforcement officer may declare a nuisance and provide notice to abate the violation(s) prior to the nuisance declaration by the town council. Such notice shall state the condition existing, the location of the violation and that the town council will be requested, after public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, morals, or general welfare of the town inhabitants and a public nuisance. After such declaration by the town council, in the form of an ordinance, the condition shall be abated as provided in this chapter.
(Ord. passed 12-16-2019; Ord. passed 4-10-2024)
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