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(A) When any condition in violation of this section is found to exist, the Code Administrator or any persons as may be designated by the Town Manager, or the Town Manager himself or herself shall give notice to the owner of the premises to abate or remove the conditions within ten days. The notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, if the violation is not corrected within ten days, the town may proceed to correct the same as authorized by this section.
(B) Service of the notice shall be by any one of the following methods:
(1) By delivery to any owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner;
(2) By depositing the notice in the United States Post Office addressed to the owner at his or her last known address with postage prepaid thereon; or
(3) By posting and keeping posted, for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists, when notice cannot be served by method (B)(1) and (2).
(Ord. eff. 9-8-2008) Penalty, see § 95.99
If the owner of any property fails to comply with a notice given pursuant to this section, within ten days after the service of the notice, he or she shall be subject to prosecution for violation of this subchapter in accordance with law, and each day that the failure continues shall be a separate offense. In addition, the Town Manager, or his or her designee, may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as taxes and levies are collected. All these expenses shall constitute a lien against the property on which the work was done.
(Ord. eff. 9-8-2008) Penalty, see § 95.99
The procedure set forth in this chapter shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances, and this chapter shall not prevent the town from proceeding in a criminal action against any person, firm or corporation violating the provisions of this chapter as provided in G.S. § 14-4.
(Ord. eff. 9-8-2008) Penalty, see § 95.99
UNNECESSARY NOISES
Under and by virtue of the authority granted in the General Statutes, subject to the provisions of this subchapter, the creation of any unreasonably loud, disturbing and unnecessary noise in the town is prohibited. Any noise which registers more than 60 dB(A) will be probable cause for a violation of this subchapter. Noise of a character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.
(Ord. eff. 3-1-1997) Penalty, see § 95.99
The following acts among others are declared to be loud, disturbing and unnecessary noises in violation of this provision, but this enumeration shall not be deemed to be exclusive, namely:
(A) Blowing horns. The sounding of any horn, whistle or signals device on any automobile, motorcycle, bus or other vehicle or railroad train except as a danger signal or as required by law, so as to create any unreasonable, loud or harsh sound or the sounding of the device for an unnecessary and unreasonable period of time;
(B) Radios, record players and the like. The playing of any radio, television set, record player, musical instrument or sound-producing or sound-amplifying device in a manner or with such volume, particularly during hours between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of any person in any dwelling, hotel or other type of residence;
(C) Pets. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort and repose of any person in the vicinity; and
(D) Use of vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or operated in a manner as to create loud or unnecessary grating, grinding, rattling, screeching of tires or other noise.
(Ord. eff. 3-1-1997)
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