§ 8-4-1 Uncontrolled growth of weeds and accumulation of refuse declared public nuisance.
§ 8-4-2 Complaint and investigation.
§ 8-4-3 Notice to abate nuisance.
§ 8-4-4 Removal by city.
§ 8-4-5 Cost incurred by owner.
§ 8-4-6 Charges become a lien.
§ 8-4-7 Procedure is alternative to other authorized procedures.
The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance.
(1) The uncontrolled growth of noxious weeds, poison oak, poison ivy or grass in excess of eight inches on improved lots or 24 inches on vacant lots threatening to cause a hazard detrimental to the public health or safety.
(2) Any accumulation of rubbish, trash, or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(3) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(4) Any condition detrimental to the public health which violates the rules and regulations of the county health department. (Ord. of 7/13/71, Sec. 1(a); Ord. No. 384-04)
State Law Reference: Abatement of public health nuisances. G.S. 160A-193.
The city manager, upon notice from any person of the existence of any of the conditions described in section 8-4-1, shall cause to be made by the appropriate county health department official, or city official, such investigation as may be necessary to determine whether, in fact, the conditions exist as to constitute a public nuisance as declared in section 8-4-1. (Ord. of 7/13/71, Sec. 1(b), revised)
Publisher's Note: This Section has been AMENDED by new legislation (Ord. --24, adopted --2024). The text of the amendment will be incorporated below when the ordinance is codified.
Upon a determination that the conditions con-stituting a public nuisance exist, the city manager shall notify, by certified mail, the owner, occu-pant or person in possession 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. (Ord. of 7/13/71, Sec. 1(c), revised)
Publisher's Note: This Section has been AMENDED by new legislation (Ord. --24, adopted --2024). The text of the amendment will be incorporated below when the ordinance is codified.
If the person having been ordered to abate the public nuisance fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of the order, then the city manager shall cause the condition to be re-moved or otherwise remedied by having em-ployees of the city go upon the premises and remove or otherwise abate the nuisance under the supervision of an officer or employee designated by the city manager. Any person who has been ordered to abate a public nuisance may, within the time allowed by the order, request the city in writing to remove the condition, the cost of which shall be paid by the person making the request. (Ord. of 7/13/71. Sec. 1(d). revised)
The actual cost incurred by the city 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 davs from the receipt thereof. (Ord. of 7/13/71. Sec. 1(e), revised)
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 the charges, 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. (Ord. of 7/13/71, Sec. 10, revised)
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