CHAPTER 92: NUISANCES
Section
   92.01   Definitions
   92.02   Jurisdiction
   92.03   Declaration of a public health nuisance
   92.04   Administration and enforcement responsibility
   92.05   Complaints and investigations
   92.06   Notice to abate public health nuisance
   92.07   Failure of owner to abate public health nuisance
   92.08   Alternate remedies
§ 92.01 DEFINITIONS.
   For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLIANCE. Any machinery and all instruments used in operating it, a mechanical thing, device or apparatus. The machine or instrument does not have to be operational.
   BUILDING MATERIAL (also called CONSTRUCTION AND DEMOLITION MATERIAL). Brick, stone, carpet, plumbing materials, plaster, concrete, asphalt, roofing, floor coverings, gutters, wooden pallets, or other material or substances accumulated as a result of construction, repairs, or additions to existing structures or accessory structures or demolition of such.
   BUSINESS TRASH. Any accumulation of incidental waste products, garbage, other than household trash, which is associated with the operation of stores, offices, and commercial establishments.
   GARBAGE. A by-product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking, and consumption of food or other matter which is subject to decomposition, decay, and/or the generation of noxious or offensive gases or odors, or which during and/or after decay may serve as breeding or feeding material for flies, insects, and/or animals.
   HAZARDOUS WASTE. Potentially dangerous by-products which cannot be handled, treated, or disposed of without special precautions. HAZARDOUS WASTE includes ignitable, corrosive, reactive, and toxic wastes such as acetone, gasoline, industrial metal, alkaline cleaners, acids, cyanide, chlorine, arsenic, pesticide wastes, paint, caustics, infected materials, offal, fecal matter (human and animal) and explosives.
   HOUSEHOLD TRASH. Accumulation of sweepings, rags, or other matter of any kind, other than garbage and recyclables, which is usually attendant to housekeeping.
   INDUSTRIAL WASTE. All waste, including solids, semi-solids, sludges and liquids created by factories, processing plants, or other manufacturing enterprises (sometimes referred to as special waste, as it requires special handling).
   JUNK. Any item creating a littered condition including, but not limited to household or office furnishings, household appliances, mattress, box springs, lawn equipment, machinery, or other similar items which are either in a wholly or partially rusted, wrecked, dismantled, or inoperative condition.
   LITTER. All discarded dead animals and man-made materials, including, but not limited to, solid waste materials, building materials, industrial materials, and hazardous waste.
   PREMISES. Lots, including sidewalks, rights-of-way, easements, grass strips, or curbs up to the edge of the pavement of any public street.
   RECYCLABLES. Newspapers and accompanying inserts, magazines, junk mail, cardboard, glass, food and beverage containers, plastic soft drink and liquor bottles, spiral paper cans and yard waste.
   RUBBISH. Useless waste or any material thrown away as worthless.
   SOLID WASTE. Accumulations consisting of any combination of business trash, garbage, household trash, bulky items, yard waste, recyclables and junk.
   TRASH. Defined herein as either household trash or business trash.
   YARD WASTE. Grass, weeds, leaves, tree trimmings, plants, shrubbery pruning, and such other similar materials which are generated in the maintenance of yards and gardens, which are separate from other solid waste materials and placed in a designated recycling collection area. YARD WASTE shall not include trees, tree limbs, brush and other material resulting from commercial tree trimmers and/or commercial lawn-care services.
(Ord. 2021-03, passed 3-8-21)
§ 92.02 JURISDICTION.
   The provisions of this chapter shall apply within the corporate limits of the Village of Clemmons.
(Ord. 2021-03, passed 3-8-21)
§ 92.03 DECLARATION OF A PUBLIC HEALTH NUISANCE.
   The following conditions shall constitute a nuisance to public health or safety and shall be prohibited within the municipality's jurisdiction:
   (A)   Neglect of property. It shall be unlawful for any person to endanger the public health, safety or welfare through the neglect of property by causing or allowing the accumulation of appliances, building materials, construction and demolition material, business trash, garbage, hazardous waste, household trash, industrial waste, junk, litter, recyclables, rubbish, solid waste, trash, yard waste or potentially dangerous devices to be discarded, abandoned, or remain on or emanate from any such property.
   (B)   Unauthorized accumulation of solid waste, trash, recyclables, garbage, junk, rubbish or building material.
      (1)   It shall be unlawful for any person to allow or cause the accumulation of solid waste, trash, recyclables, garbage, junk, rubbish or building material which produces offensive, noxious or foul odors or vapors or which provides refuge or sustenance for rats, mice, snakes, or other vermin.
      (2)   It shall be unlawful for the owner and/or occupant of any property to cause or allow the accumulation of solid waste, trash, recyclables, garbage, junk, rubbish or building material causing or threatening to cause a fire hazard or causing or threatening to cause the accumulation of stagnant water.
   (C)   Unauthorized accumulation of litter. It shall be unlawful for any person to scatter, cast, throw, blow, place, sweep, or deposit any litter in such a manner that it may be carried or deposited upon any street, sidewalk, alley, body of water, sewer, parkway, lot, public property, or private property.
   (D)   Dilapidated condition on premises. It shall be unlawful for any person to have on their premises material that creates a littered condition, such as but not limited to, lawn furniture, appliances, machinery, equipment, building materials, automotive parts, tires, fencing, or any other items which are in a wholly or partially rusted, wrecked, junked, dismantled, or inoperative condition and which are not completely enclosed within a building or dwelling.
   (E)   Uncontrolled growth of weeds or grass. It shall be unlawful for the owner and/or occupant of a property to allow grass, weeds or other overgrowth vegetation to exceed a height greater than 12 inches above the surrounding ground provided that the following shall not be considered to be overgrowth vegetation: trees and ornamental shrubs; cultured plants; natural vegetation on undeveloped property that is not a threat to the character of surrounding properties; and flowers and growing and producing vegetable plants. It shall be the duty of the owner and/or occupant to cut and remove all grass, weeds and other overgrowth vegetation as often as necessary to comply with the provisions of this section.
   (F)   Unauthorized accumulation of hazardous or toxic materials and chemicals. It shall be unlawful to accumulate hazardous or toxic materials and chemicals in an open place.
   (G)   Obstruction of municipality or state rights-of-way. It shall be unlawful for the owner and/or occupant of any property to cause or allow any trees or shrubbery that shall interfere with or endanger the use of the public streets; interfere with or obstruct illumination of street lights; obscure sight distance or create a traffic hazard; interfere with the visibility of any traffic control device or sign; obstruct or impair the free passage of pedestrians on sidewalks or other municipality or state rights-of-way at a vertical clearance of less than seven feet; or endanger the life, health, safety or property of the public.
   (H)   Burned or partially burned buildings and structures. Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the municipality Building Official can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises.
   (I)   Storm or erosion damaged structures and resulting debris. The existence of any of the following conditions associated with storm or erosion damaged structures or their resultant debris shall constitute a public nuisance.
      (1)   Damaged structure in danger of collapsing.
      (2)   Damaged structure or debris from damaged structures where it can reasonably be determined that there is a likelihood of personal or property injury.
   (J)   Conditions violating Health Department rules. Any condition detrimental to the public health, which violates the rules and regulations of the Forsyth County Health Department.
   (K)   Any other conditions constituting a nuisance. In addition to the conditions set out in this section, any other condition declared by the Clemmons Village Council to pose a threat to the public's health or safety, also shall constitute a nuisance and shall be prohibited within the municipality's jurisdiction.
   (L)   Criminal penalty. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 2021-03, passed 3-8-21; Am. Ord. 2022-03, passed 4-25-22)
§ 92.04 ADMINISTRATION AND ENFORCEMENT RESPONSIBILITY.
   The Village Manager or their designee(s) are hereby charged with the administration and enforcement of this chapter.
(Ord. 2021-03, passed 3-8-21)
§ 92.05 COMPLAINTS AND INVESTIGATIONS.
   The Village Manager or their designee(s) shall, upon notice from any citizen or public official of the existence of any of the conditions described in § 92.03, investigate to determine whether conditions exist as to constitute a public nuisance as declared in § 92.03.
(Ord. 2021-03, passed 3-8-21)
§ 92.06 NOTICE TO ABATE PUBLIC HEALTH NUISANCE.
   (A)   (1)   Upon a determination that such conditions constituting a public health nuisance exist, the Village Manager or their designee(s) shall notify, in writing, the owner/responsible party as shown on the most recent Forsyth County tax records, occupant, and/or person in possession of the premises in question of the conditions constituting such public health nuisance and shall order the prompt abatement thereof within 15 days from the date the notice is served upon the responsible person(s). Service of such notice shall be by any one of the following methods.
         (a)   By delivery to any owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner.
         (b)   By depositing the notice in the United States Post Office addressed to the owner at his or her last known address with postage prepaid thereon.
         (c)   By posting and keeping posted, for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists, when notice cannot be served by method (a) and (b).
      (2)   Within the 15 day period mentioned above, the owner, occupant, and/or person in possession of the premises where the nuisance exists may appeal the findings of the Village Manager or their designee(s) by giving written notice of appeal to the Village Clerk, the appeal to stay the abatement of the nuisances until a final determination by the Village Council. In the event no appeal is taken, the village may proceed to abate the nuisance.
   (B)   The Village Council, in the event an appeal is taken as provided in division (A), may after hearing all interested persons and reviewing the findings of the Village Manager and/or their designee(s), reverse those findings, but if the Village Council determines that the findings of the Village Manager and/or their designee(s) are correct and proper it shall adopt an ordinance specifically declaring that the condition on the property to be a danger and hazard to the health, safety, morals, and general welfare of the inhabitants of the village and a public nuisance and directing the Village Manager and/or their designee(s) to cause the conditions to be abated.
   (C)   An owner of real property whereupon, in the previous calendar year, the village gave notice of violation at least three times during the previous calendar year to abate a nuisance pursuant to this chapter, shall be deemed a chronic violator. In accordance with G.S. § 160A-200.1, a chronic violator as defined herein shall be notified by the Village Manager and/or their designee(s) if property owned by the chronic violator is determined to be in violation of this chapter, and the village may take action to remedy the violation without further notice during the calendar year in which annual notice is given and the expense of such action including any administrative fees shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice required herein shall be served by registered or certified mail and shall be complete upon delivery or deposit of the notice along with the appropriate fees under the care of the United States Postal Service.
   (D)   Abatement of a public nuisance shall consist of taking whatever appropriate steps are reasonably necessary to remove the condition or conditions which result in the declaration of a public nuisance. Without limitation the Village Manager and/or their designee(s), in ordering the abatement of a public nuisance, may require the removal of debris, rubbish, accumulations of animal or vegetable matter, growth of weeds and grass, burned or partially burned buildings, the isolation of the condition to be abated so that access cannot be gained by persons or property which may be injured by the nuisance or such other steps which are reasonably necessary to abate the nuisance.
(Ord. 2021-03, passed 3-8-21)
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