(A) The existence of any of the following conditions on any lot or other parcel of land, whether vacant or occupied, within the corporate limits of the town is hereby declared to be dangerous and prejudicial to the public health or safety, and constitutes a public nuisance:
(1) Noxious weeds and other rank vegetation; any growth of weeds or grass or other vegetation to a height greater than 12 inches; or any accumulation of dead weeds, grass or brush;
(2) Uncontrolled growth of vegetation- undeveloped property: any uncut, uncontrolled growth of noxious weeds, vegetation, grasses, brush or bushes to a height of 12 inches on an undeveloped property shall constitute a nuisance. Notwithstanding the other sections of this chapter, this division (A)(2) applies only to the outer perimeter of the property to a depth of 50 feet and bordering a public right-of-way and/or developed properties;
(3)
Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause accumulation of stagnant water or the inhabitation thereof by rats, mice, snakes or noxious insects; including but not limited to:
(a) The use of carports, open porches, decks, open garages and other outdoor areas that are visible to streets or other public areas as a storage or collection place for boxes, appliances, furniture (but not including typical outdoor or yard furniture), tools, equipment, junk, garbage, old, worn out, broken or discarded machinery and equipment, cans, containers, cardboard containers, household goods or any similar condition that increases the likelihood of a fire; may conceal dangerous conditions, may be a breeding place or habitat for mice, rats or other pests; or create an unattractive condition or visually blighted property; and
(b) The placement, storage or use of upholstered sofas, couches, chairs or other indoor type furniture, appliances, seats removed from motor vehicles or other furniture not intended for outdoor use by the manufacture use on any open porch, carport, stoop, deck, veranda, terrace, patio or other outdoor area that is visible from nearby streets and sidewalks.
(4) Any accessory building or structure that has become so dilapidated or deteriorated so as to constitute a public nuisance;
(5) All fences, retaining walls or similar structures that are not firmly anchored to the ground, maintained in good structural condition and free of deterioration. Deteriorated features shall be repaired, replaced or completely removed. Grass, weeds and other vegetation around the fences shall be maintained in compliance with division (A)(1). All fencing must be constructed of customary or normal fencing material used consistently throughout; the material used in the construction of the fence must be manufactured and marketed for construction of permanent fencing. Materials typically used for temporary fencing may not be used for permanent fences. For commercial and industrial uses only, barbed, razor or concertina wire may be used for security purposes on portions of fencing above six feet in height, and only in areas not visible from a street or public right-of-way. Electric fencing, with the exception of fencing designed to control and contain dogs and horses, is prohibited.
(6) Chronic violators: the town shall notify any chronic violator of this section to whom a current violation notice has been provided that, pursuant to G.S. § 160A-200.1, the town shall take action to remedy the violation without further notice and the expense of the action shall become a lien on the property and shall be collected as unpaid taxes. For the purposes of this division (A)(6), a CHRONIC VIOLATOR is a person who owns property whereupon, in the course of the then current year, the town has provided the property owner notice of violation of any provision of this section at least two previous times.
(B) (1) Where conditions as described in § 92.01(A)(1), (2), and (3) above exist so as to constitute a nuisance or danger to public health or safety, the Code Enforcement Administrator shall notify the property owner by first class mail of the conditions and shall order abatement thereof within five days following the date of the notice of violation.
(2) Where conditions as described in § 92.01(A)(4) and (5) above exist so as to constitute a nuisance or danger to public health or safety, the Code Enforcement Administrator shall notify the property owner by first class mail of the conditions and shall order abatement thereof within ten days following the date of the notice of violation.
(3) When the property owner has failed to comply with a notice of violation as described above, the Code Enforcement Administrator shall not be required to provide further notice of violation to that person with regard to the same property before taking any enforcement action.
(4) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as outlined in § 92.99.
(5) Each day's continuing violation shall be a separate and distinct offense, and is subject to penalties as outlined in § 92.99.
(6) (a) In addition, a town agent or employee may enter upon the premises and perform any work that may be necessary to bring the property into compliance with this section and the town shall charge the cost thereof against the premises upon which the work was performed.
(b) In addition to the penalties provided for in § 92.99
, the costs of any work performed under this section shall constitute a lien against the premises upon which the work was performed and may be collected in the same manner as taxes upon real property. The term COST as used in this section shall include interest at the rate of 8% per annum until the lien is paid. Interest does not accrue until a bill for the cost becomes overdue (Senate Bill 181, 1999).
(Prior Code, § I-I-1) (Ord. passed 12-11-2012; Am. Ord. passed 6-14-2016; Am. Ord. passed 9-10-2019) Penalty, see §
10.99