(A) Notice of violation. Upon determination that graffiti is present upon property, the Code Enforcement Supervisor or officer shall serve in accordance with this section a notice of violation to the owner of the property upon which the graffiti is located. The notice of violation shall include all of the following:
(1) The street address or description of the property sufficient for proper identification of such property.
(2) A description and general location of the graffiti.
(3) A statement that the graffiti is a public nuisance with reference to the provisions of this article.
(4) An order that the graffiti must be abated by remediation within ten calendar days of receipt and that, if the nuisance is not so abated by remediation within such time, the city will:
(a) Issue a civil penalty to the owner.
(b) Abate by remediation the public nuisance.
(c) Charge the owner an administrative fee in accordance with the Manual of Fees and the cost of the abatement by remediation.
(5) Information concerning procedures for appeal of the notice of violation.
(6) A certificate of service showing the method of service as defined in this section.
(B) Method of service. The notice of violation issued in accordance with this section by the Code Enforcement Supervisor or officer shall be served on the owner of the identified property by either of the following methods:
(1) Hand delivery.
(2) Certified mail and regular mail addressed to the owner of the property as stated in the most current records of the Pitt County Tax Assessor. When the manner of service is by certified mail and regular mail and the 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 of violation by regular mail shall certify that fact and the date of the mailing, and that certification shall be conclusive evidence of service in the absence of fraud.
(C) Appeal of notice of violation. The owner shall have five business days from receipt of a notice of violation to file an appeal. The appeal must be made in writing to the Board of Adjustment and the appeal fee paid in accordance with the Manual of Fees. Appeals of decision by the Board of Adjustment shall be as provided by state law.
(D) Failure of owner to abate by remediation. It shall be unlawful for the owner of any property to fail to abate by remediation graffiti upon such property within ten calendar days after receipt of written notice to do so by the Code Enforcement Supervisor or officer in accordance with this section.
(E) Abatement by remediation by the city. If the city has served a notice of violation to the owner in accordance with this section and that person fails or refuses to abate by remediation the nuisance as directed by the notice of violation, in addition to any other penalties herein authorized, the Code Enforcement Supervisor or officer is authorized to issue a civil penalty to the owner, abate by remediation the graffiti, and charge the owner an administrative fee in accordance with the Manual of Fees and the cost of the abatement by remediation.
(F) The Code Enforcement Supervisor may authorize the allowance of additional time for the owner to abate by remediation the graffiti if such failure to do so was caused by weather conditions or other factors as determined by the Code Enforcement Supervisor not to have been within the control of the owner.
(G) Immediate abatement by remediation; no prior notice required. Where any public nuisance graffiti as set forth in this article requires immediate abatement to avoid and prevent an immediate and dangerous threat to the health, safety, and welfare of the inhabitants of the city and would degrade adjoining properties as determined by the Code Enforcement Supervisor or officer, the nuisance may be summarily abated by remediation by the city without prior notice to the property owner, but the owner shall be responsible for all abatement by remediation costs, administrative fees, and civil penalties.
(H) Civil penalties.
(1) An owner that violates subsection (D) of this section may be issued a civil citation or citations, as may be required, as follows:
(a) First violation. A violation of any of the provisions of this Code of Ordinances shall subject the violator to a civil penalty of $100.
(b) Second violation within 365 days of the first violation. A second violation by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $250.
(c) Third and subsequent violations within 365 days of the first violation. A third violation and any subsequent violations by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $500 per violation.
(2) Contents and service of civil citation. A civil citation issued for a violation of subsection (D) of this section shall clearly state when the civil penalty is due and the manner in which the violation may be appealed. Civil citations issued under this section shall be served personally or by regular mail upon the violator by a Code Enforcement Supervisor or officer.
(3) Appeals; payment of civil penalty. Unless appealed in accordance with section 1-1-20 of the City Code, a civil penalty assessed for violations of any provision of this section must be paid to and received by the city’s Financial Services Department within five business days from the date of issuance.
(4) Methods of recovery of unpaid civil penalty. Unless appealed in accordance with the appeal provisions in accordance with section 1-1-20 of the City Code, if full payment for an assessed civil penalty is not timely received by the city’s Financial Services Department, the city may recover the unpaid civil penalty by any or all of the following methods:
(a) A civil action in the nature of a debt.
(b) The use of a collections agency and the assessment of an administrative fee.
(c) The use of the provisions of Chapter 105A (The Setoff Debt Collection Act) and G.S. 18C-134.
(d) Equitable remedies issued by a court of competent jurisdiction.
(e) Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.
(5) Continuing violations. Each day’s continuing violation of subsection (D) of this section shall be a separate and distinct offense.
(6) In addition to any of the recovery methods stated in this section if the owner fails or refuses to abate the nuisance by remediation, the Code Enforcement Supervisor or officer is authorized to forward to the Finance Department for collection a report and invoice for the costs of the abatement by remediation of the nuisance, administrative fees in accordance with the Manual of Fees, and a copy of any unpaid civil citation issued pursuant to subsection (D) of this section. Such charges and costs shall be assessed against the property owner and shall become a lien upon the property, subject only to the city and county advalorem taxes thereon. Such charges and costs shall be collected and enforced in the same manner as unpaid taxes.
(7) In addition to any of the recovery methods stated in this section, if the owner fails or refuses to abate the nuisance by remediation and fails to pay the civil penalty plus any administrative fees and abatement costs within 30 days after being notified of the amount due, the city may recover the penalties together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt in addition to any other remedy available under this section.
(Ord. No. 23-083, § 1, passed 12-14-2023)