(A) Contract for abatement services. Whenever the town manager, or his or her authorized designee, has determined that a violation of this article and/or a nuisance exists and has provided proper notice thereof, the property owner, occupant or person in possession of the premises on which the nuisance is located may contract with the town to remove such conditions at a fee paid in advance and upon such terms and conditions as the town manager, or his or her authorized designee, may approve, except that as a condition of all such agreements the property owner, occupant or person in charge of the premises shall by signed writing in advance of any work release the town from any liability arising from or resulting from the removal of such conditions. In the event the owner of the property is not the occupant, then a signed release shall be required from both the property owner and the occupant before the town will proceed.
(B) Abatement for chronic violations. Whenever the town manager, or his or her authorized designee, has determined that a violation of this article and/or a nuisance exists and has provided proper notice thereof pursuant to this subsection, the town may proceed to abate a nuisance on property owned by a chronic violator. In such a case, the town shall notify a chronic violator of this article and that, if the violator's property is found to be in continued violation of this article, the town shall, without further notice in the calendar year in which notice is given, 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. For a chronic violator, the town's initial annual notice (that the town will abate the nuisance) shall be served by registered or certified mail, with a copy sent by regular mail.
(C) Summary abatement for health and safety violations. Whenever the town manager, or his or her authorized designee, has determined that a violation of this article and/or a nuisance exists and has provided proper notice thereof, upon the failure of the property owner, occupant or person in possession of the premises to take the corrective action ordered by the board or the town manager, or his or her authorized designee, within the time specified, the town may remove, abate or remedy the condition that is dangerous or detrimental to the public health or public safety and the expense of such action shall be paid by the person in default pursuant to G.S. § 160A-193. If not paid, such expenses shall become a lien upon the land or premises where the violation occurred and may be collected as unpaid ad valorem taxes.
(D) Remedies available notwithstanding civil penalties. Each of these remedies shall be and remain available to the town notwithstanding any civil penalties that have been issued under § 92.076, civil penalties.
(Am. Res. 2018-04, passed 5-17-18)