(A) 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 or grass to a height in excess of 24 inches causing or 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) The open storage of any abandoned ice box, refrigerator, stove, glass, building material, building rubbish or similar items; or
(5) Any condition detrimental to the public health which violates the rules and regulations of the County Health Department.
(B) Investigation upon complaint of nuisance. The Town Clerk, upon notice from any person of the existence of any of the conditions described in division (A) above, shall cause to be made by the proper County Health Department official; or the Superintendent of Public Works, the investigation as may be necessary to determine whether, in fact, conditions exist as to constitute a public nuisance as declared in division (A) above.
(C) Town Clerk to issue notice of abatement. Upon a determination that conditions constituting a public nuisance exist, the Town Clerk shall notify, in writing, the owner, occupant 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.
(D) Removal by town upon failure or refusal of owner to obey notice.
(1) If a person, having been ordered to abate such a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of the order, the Town Clerk shall cause the condition to be removed or otherwise remedied by having employees of the town to go upon the premises and remove or otherwise abate the nuisance under the supervision of an officer or employee designated by the Town Clerk.
(2) Any person who has been ordered to abate a public nuisance may within the time allowed by this section request the town in writing to remove the condition, the cost of which shall be paid by the person making the request.
(E) Cost of removal to be paid by owner. The actual cost incurred by the town 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 days from the receipt thereof.
(F) Unpaid charges to be a lien on property. 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 charges as provided for in division (A) above, 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.
(G) Additional remedies. The procedure set forth in this section shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances, and this section shall not prevent the town from proceeding in a criminal action against any person, firm or corporation violating the provisions of this section, as provided in G.S. § 14-4.
(Ord. passed 11-5-2001) Penalty, see § 91.99