This division shall be enforced and any obstruction to cross visibility maintained in violation of this division shall be abated in accordance with the following procedure:
(A) The City Manager shall cause to be served by certified mail a written notice and order of abatement upon the owner, tenant or person in charge of the premises upon which such obstruction exists.
(B) Such obstruction shall be removed by the person responsible therefor within ten days from the date of receipt of such notice and order.
(C) (1) Any person receiving such notice and order may, within ten days from receipt thereof, request in writing a hearing before the City Council, such hearing to be held not later than the second regular meeting of the City Council following the date of such request.
(2) If any person receiving such notice and order does not comply with the order and does not request in writing a hearing before the City Council within such ten-day period, the City Manager shall request in writing that the City Council fix the date of the hearing and shall notify the person upon whom the notice and order has been served of the time and place of such hearing.
(3) If, after such hearing, the City Council finds that the obstruction in question does in fact constitute a violation of this article, the City Council shall order that such condition be abated within ten days from the date of such order.
(4) Upon failure by any person to comply with such an order, the City Manager shall apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property as provided in G.S. § 160A-175(e).
(1989 Code, § 13-129)