(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)