When any public nuisance as set out in section 12-3-3 is found to exist on any property, including rights-of-way and easements, within the city or within one mile of the city limits, the following procedures shall be followed:
(A) A Code Enforcement Coordinator or officer shall have the following authority:
(1) To enter upon property;
(2) To obtain an administrative search and inspection warrant, if necessary, as provided in G.S. 15-27.2;
(3) To issue a notice of violation and impose civil penalties;
(4) To enter upon or authorize an agent to enter upon and clean up premises in violation of this article;
(5) To utilize the services of an outside contractor to clean up premises in violation of this article; and
(6) To summarily remove, abate or remedy everything in the city limits that is considered by ordinance to be either dangerous or prejudicial to the public health or which has been declared to be a nuisance.
(B) Where any public nuisance as set out in section 12-3-3 requires immediate abatement to avoid and prevent an immediate and dangerous threat to the health, safety and welfare of the inhabitants of Greenville and would degrade adjoining properties as determined by the Code Enforcement Coordinator or officer, the nuisance may be summarily removed and abated by the city without prior notice to the property owner. The owner as determined from the tax records of Pitt County shall be responsible for all abatement costs, administrative fees and civil penalties as provided in section 12-3-5 of this article.
(C) Notices or orders issued by the Code Enforcement Coordinator or officer under this article shall be served on the owner or property manager of the identified property by either hand delivery or by registered or certified mail and regular mail. Service by mail shall be deemed complete by depositing the notice or order in the mail at the address listed in the Pitt County tax records. When the manner of service is by registered or certified mail and regular mail and the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days of mailing, service is deemed sufficient. The person mailing the notice or order by regular mail shall certify that fact and the date of the mailing and such certification shall be conclusive evidence of service in the absence of fraud.
(D) Except in situations identified in subsection (B) above, notification to the property owner will advise that the conditions that exist on the identified property constitute a public nuisance and such shall be abated within ten days of the date of the notification and that failure to abate or remove the nuisance shall result in the owner’s assessment of the costs of abatement or removal, imposition of administrative fees and the assessment of a civil penalty as identified in section 12-3-5. The Code Enforcement Coordinator or officer may afford the owner additional time to remove or abate the nuisance if the failure was caused by weather conditions or other factors as determined by the Code Enforcement Coordinator or officer not to have been within the control of the owner.
(E) The Code Enforcement Coordinator or officer shall send the owner of the property the civil penalty citation as provided in section 12-3-5, after the nuisance has abated or removed. After the abatement of the nuisance, the Code Enforcement Coordinator or officer shall make a written report of the actual costs incurred by the city and shall deliver the report, including the administrative fee and a copy of the civil penalty citation to the City Revenue Supervisor. Such charges shall be assessed against the property owner and shall become a lien upon the property, subject only to the city and county ad valorem taxes thereon. Such charges shall be collected and enforced in the same manner as unpaid taxes.
(F) Where a public nuisance as identified in section 12-3-3(R) or section 12-3-3(T) exists, the code enforcement officer may cause the abatement or removal of the nuisance without further notice to the owner or property manager of the identified property. The costs for such abatement or removal, administrative fees and a civil penalty as provided in section 12-3-5 shall be assessed and charged against the owner. Such charges and expenses shall be assessed against the property owner and shall become a lien upon the property and also on other real property owned by the person or business within the city limits and within one mile of the city limits except for the owner’s personal residence, subject only to the city and county ad valorem taxes thereon. Such charges shall be collected and enforced in the same manner as unpaid taxes.
(G) Notwithstanding any other provision of this section, the Code Enforcement Coordinator or officer may notify a chronic violator that if the chronic violator’s property is determined to be a nuisance as defined in section 12-3-3(B), (C) or (D), the city shall, without further notice in the calendar year in which the notice is given, take action to remedy the violation and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. Notice shall be served in a manner provided by this article. Upon notice, the Code Enforcement Coordinator or officer has full power and authority to enter the premises involved and abate or remove the nuisance, by means provided by this article, found to exist during the calendar year in which the notice is given, without further notice. The owner of the property shall be liable to the city for the actual cost incurred by the city in such nuisance abatement including an administrative fee and civil penalties as provided in section 12-3-5. Such cost shall be a lien upon the property and shall be collected as unpaid taxes. For the purpose of this subsection, a “chronic violator” is a person who owns property whereupon, in the previous calendar year, the city abated a nuisance as defined in section 12-3-3(B), (C) or (D) on at least three occasions.
(H) Appeals of any decision by the Code Enforcement Coordinator or officer shall be to the Board of Adjustment within 30 days of the date of the assessment. Appeals of a decision by the Board of Adjustment shall be as provided by state law.
(Ord. No. 06-127, § 4, passed 12-14-2006; Ord. No. 09-39, § 6, passed 5-14-2009)