(A) The procedures 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 violating the provisions of this chapter, as provided in G.S. § 14-4.
(B) The following enumerated and described conditions are hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and are found, deemed and declared to be public nuisances wherever the same may exist and the creation, maintenance or failure to abate any nuisances is hereby declared unlawful:
(1) Any condition which is a breeding ground or harbor for mosquitoes or a breeding ground or harbor for rats, snakes or other pests or has the potential for becoming a breeding ground or harbor for the pests;
(2) A place of heavy growth of weeds or grasses over 12 inches in height which lie less than 100 feet from any abutting open street or which lies less than 100 feet from the line of any adjoining property if that property contains a structure within 100 feet of the property line, or is a place of heavy growth of weeds or grasses over 12 inches in height which lies within 50 feet of any occupied dwelling; provided that, the nuisance defined by this division shall be cleared and cut to an independently ascertainable standard;
(3) A place of growth of noxious vegetation, including poison sumac (Rhus vernix), poison ivy (Rhus radicans) or poison oak (Rhus toxicodendron), in a location likely to be accessible to the general public;
(4) An open place of collection of water for which no adequate natural drainage is provided and where insects tend to breed or which is or is likely to become a nuisance or a menace to public health;
(5) An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, trash, refuse, brush, old clothes, rags or any other combustible materials or objects of a like nature;
(6) An open place of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind;
(7) Hides dried or green provided the same might be kept for sale in the town when thoroughly cured and odorless;
(8) Any furniture, appliances, automotive parts or pieces or other wood or metal products of any kind or nature openly kept which have jagged edges of metal or glass, or areas which may provide a habitat for rats, snakes, insects or other pests;
(9) Any improper or inadequate drainage on private property, which causes flooding, interferes with the use of or endangers, in any way, the streets, sidewalks, parks or other town-owned property of any kind;
(10) Any storm water retention or detention pond or other impoundment device which is operating improperly;
(11) Any storm drain, sewer manhole, abandoned well or other private or public facility which is not properly covered with a grate or other means to remove any hazard to pedestrians or motor traffic;
(12) Any ditch, trench or below ground portion of a construction project which remains open for more than 14 days without being completed or which is not protected with barricades, flags or other means so as to constitute a hazard to pedestrians or motor traffic;
(13) Failure to clean or clear a public street of mud and debris related to a construction, timbering or other similar land use project within 12 hours after notification by the Town Clerk/Manager or designee for major and minor thoroughfares or within 24 hours after the notification for collector and local streets; however, if it is found by the Town Clerk/Manager or designee that the situation is causing a clear and present danger or hazard to traffic or the general public, the cleaning or clearing may be required to take place as soon after notification as practicable;
(14) Any condition which violates the rules and regulations of the County Health Department;
(15) Any other condition specifically declared to be a danger to the public health, safety, morals and general welfare of inhabitants of the city and a public nuisance by the Town Council which proceeding may be initiated by the Town Clerk/Manager or designee before the Council after giving written notice thereof. The notice shall state the condition existing, the location and that the Council will be requested on a day certain, after a public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, morals and general welfare of the inhabitants of the city and a public nuisance. After the declaration by the Council in the form of an ordinance, the condition will be abated as provided for in this chapter, provided no administrative appeal shall be from the proceeding pursuant to this division and initiated by the Town Clerk/Manager or designee before the Town Council; or
(16) Household or office furniture, any household fixtures, white goods or other appliances, or metal products of any kind and similar items not designed to withstand the elements or for outdoor use. This shall not prevent:
(a) The use of household furniture on a totally enclosed porch having a roof, walls, screens, or glass windows; or
(b) The use of furniture in good condition which is designed for outdoor use such as patio or lawn furniture, on porches or landings or in yard areas or other open places.
(Ord. passed 6-2-2008; Ord. passed 2-9-2009) Penalty, see § 95.99