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(A) If any person, after having been ordered to abate a public nuisance described in this chapter, fails, neglects or refuses to abate or remove the condition constituting the nuisance by the date specified in the notice of violation, the town may cause the condition to be removed or otherwise remedied by having employees of the town or a private contractor hired by the town to go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the Town Manager or his designee. The cost of abatement shall be paid by the property owner.
(B) Any person who has been ordered to abate a public nuisance may, within the time allowed by this article, request in writing that the town remove such condition causing the nuisance. If the town abates the nuisance, the costs of abatement shall be paid by the person making the request.
(Ord. passed 12-16-2019)
Upon the completion of abatement by the town, the Town Manager, his or her designee, or the code enforcement officer shall deliver to the finance director a statement showing the actual cost of the abatement of the unlawful condition plus any additional charges, in accordance with the schedule of fees and charges established by the town Council. The finance director shall thereupon mail to the owner of the subject property a bill covering the cost, if with reasonable diligence the name and address of such owner can be ascertained, with instruction that such charges are due and payable within 30 days from the receipt thereof. In the event the costs for abatement are not paid within 30 days after receipt of the statement of charges, such charges may be recovered by the town in a civil action in the nature of debt.
(Ord. passed 12-16-2019)
In the event charges for the removal or abatement of the public nuisance are not paid within 30 days after receipt of the statement of charges, such charges shall become a lien against the real property upon which such costs are incurred. The amount of such lien shall be added to the tax roll and collected as unpaid ad valorem taxes.
(Ord. passed 12-16-2019)
(A) For purposes of this section, a chronic violator is a person who owns property with respect to which, in the previous calendar year, the town gave notice of violation for a public nuisance violation at least three times under any provision of this chapter.
(B) At the beginning of each calendar year, the code enforcement officer shall notify each person who was a chronic violator that, if the violator's property is found to be in violation of this chapter in this calendar year, the town shall, without further notice, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected.
(Ord. passed 12-16-2019)
(A) Fee assessed for second and subsequent violations. Any person who is issued a second notice of violation under this chapter within 12 months of the first notice of violation issued hereunder shall be subject to an administrative fee of $100 in addition to any other charge. For each additional nuisance notice of violation occurring prior to the expiration of a 12-month period following issuance of the first nuisance notice of violation, the person shall be subject to an administrative fee of $100. The person may also be assessed any costs incurred in obtaining service of the public nuisance notice including legal publication.
(B) Appeal of administrative fee. An appeal of an administrative fee demand for payment must be filed in writing with the Town Manager within ten days after service of the written demand for payment. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied and any supporting documentation.
(1) Within ten days of receiving a request for review, the Town Manager shall hold a hearing to review the civil penalty. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply; provided, that the decision of the Town Manager shall be based upon substantial and reliable evidence. The Town Manager may reduce the penalty if the Town Manager determines that:
(a) The appellant has acted in good faith; and
(b) The failure of the appellant to avoid a second or subsequent violation is the result of circumstances beyond the appellant's control; or
(c) There are other circumstances which make the assessment of the administrative fee unfair in that particular case.
(2) Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review of an administrative fee to the Town Council.
(Ord. passed 12-16-2019)
The procedures set forth in this article shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances.
(A) Nothing in this article shall be deemed to prevent the town from proceeding in a criminal action against any person violating the provisions of this article as provided in G.S. § 14-4.
(B) Nothing in this chapter shall be deemed to limit the town's authority to summarily remove, abate, or remedy any condition within the town limits or within 1 mile thereof that is dangerous or prejudicial to the public health or public safety as provided in G.S. § 160A-193.
(C) In addition to or in lieu of proceeding under any other provision(s) of this chapter, the town may file a legal action to abate a nuisance as provided at G.S. § 160A-175.
(Ord. passed 12-16-2019)
(A) Penalty for failure to comply with abatement order. Any person failing to comply with an order of abatement issued pursuant to this article, where no appeal is taken within the prescribed time, or after ratification of the order on appeal, shall be subject to a civil penalty in the amount of $50 per day for so many days as the person remains in violation until such date as the nuisance is abated, up to a maximum of ten days.
(B) Penalty for second and subsequent violations. Upon second and subsequent violations of the same provision of this chapter by a person within 12 months of that person receiving a notice of violation under this chapter, a civil penalty of $100 shall be assessed upon the issuance of the notice of violation. If the nuisance is not abated within the prescribed time period, the person shall be guilty of a misdemeanor and subject to a fine of up to $500. In addition, the offender shall be subject to a civil penalty in the amount of $100 per day for so many days as the person remains in violation until such date as the nuisance is abated, up to a maximum of ten days. For purposes of this division, the “same provision” of this chapter means any one of §§ 80.05(A) through (O) of this chapter; and a violation of any of the subparts of § 80.05(F) shall be considered a violation of the same provision (that is, § 80.05(F)) of this chapter.
(C) Appeal of civil penalty. An appeal of a civil penalty must be filed in writing with the Town Manager within ten days after service of a written demand for payment. The written appeal shall provide the reasons the petitioner contends that the civil penalty was wrongly applied and any supporting documentation.
(1) Within ten days of receiving a request for review, the Town Manager shall hold a hearing to review the civil penalty. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply; provided, that the decision of the Town Manager shall be based upon substantial and reliable evidence. The Town Manager may reduce the penalty if the Town Manager determines that:
(a) The appellant has acted in good faith; and
(b) The failure of the appellant to correct a violation is the result of circumstances beyond the appellant's control; or
(c) There are other circumstances which make the amount of the presumptive civil penalty unfair in that particular case.
(2) Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review of a civil penalty to the Town Council.
(Ord. passed 12-16-2019)