(A) Upon reasonable cause to believe that a public nuisance as defined in § 50.07, exists, the Planning Director or his or her designee, upon not less than ten days’ notice to the occupant and owner of the property on which the alleged nuisance is located, shall hold a hearing to determine whether or not the nuisance does, in fact, exist. If the hearing officer (Planning Director or designee) makes a determination that a public nuisance exists, he or she shall enter and serve upon the owner and occupant an order to remove, abate, or remedy the nuisance within a reasonable period of time, but not less than 90 days. The order may be appealed by the owner or occupant to the General Court of Justice of the State of North Carolina, Superior Court Division, by a petition for review filed with the court no later than ten days following service of the order. Such an appeal tolls the running of the time provided to remove, abate, or remedy the nuisance, unless the court determines that the appeal was made frivolously as provided in G.S. § 1A-1, Rule 11 of the North Carolina Rules of Civil Procedure, or was otherwise made in violation of that Rule.
(B) Upon failure of the owner or occupant of the property or of the person responsible for placing the solid waste on the property to remove, abate, or remedy the nuisance within the period the Hearing Officer has allowed, the Planning Director shall remove, abate, or remedy the nuisance as provided in the order and charge the cost thereof to the owner and occupant. If the expense is not paid by the owner or occupant, it shall be a lien upon the land or on premises where the nuisance arose and shall be collected as unpaid taxes.
(Ord. passed 6-26-01; Ord. passed 2-25-14)