(A) If any person who was ordered to abate a nuisance pursuant to this chapter, fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of the last order relating thereto, the Town Manager shall cause the condition to be removed or otherwise remedied by having employees of the town or a private contractor designated by the Town Manager go upon the premises and remove or otherwise abate the nuisance under the supervision of an office or employee or a private contractor designated by the Town Manager. As to the uncontrolled growth of noxious weeds, bushes, undergrowth or grass to height in excess of 11 inches causing or threatening to a cause a hazard detrimental to the public health or safety, any time within the calendar year in which notice was given that the condition is found to exist, the condition is to be removed or otherwise remedied as set forth below.
(B) Any person who has been ordered to abate a nuisance may within the time allowed by this chapter request the town in writing to remove the condition, the cost of which shall be paid by the person making the request.
(C) The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of the lot or parcel of land and it shall be the duty of the tax collector or other appropriate town official to mail a statement of the charges to the owner or other person in possession of the premises within instructions that the charges are due and payable within 30 days from receipt thereof.
(D) If charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of charges as provided for in division (C), the charges shall become a lien upon the land or premises where the public nuisance was located and shall be collected as unpaid taxes, as provided in G.S. § 160A-193(a).
(E) If charges for the removal or abatement of a public nuisance are not paid within 30 days after the receipt of a statement of charges as provided for in division (C), the charges shall also become a lien upon any other real property owned by the person in default within the city limits or within 1 mile of the city limits, except for the person’s primary residence. A lien established pursuant to this division, as provided in G.S. § 160A-193(b), is inferior to all prior liens and shall be collected as a money judgment. This division shall not apply if the person in default can show that the nuisance was created solely by the actions of another.
(F) If the lien provided in division (E) above is not promptly satisfied, it shall be collected as unpaid taxes, as provided in G.S. § 160A-193.
(G) If the lien provided in division (F) above is not promptly satisfied, it shall be collected as a money judgment.
(Ord. passed 11-15-2005)