Loading...
§ 92.40  INDEMNIFICATION OF TOWN.
   Any person requesting the removal of debris from private property shall indemnify the Town of Kenly against any and all losses, expenses, or liabilities incurred because of the removal, sale, or other means required to bring the particular case in compliance with §§ 92.35 et seq.
(Ord. 104, passed 8-14-1989)
§ 92.41  NOTICE OF REMOVAL BY TOWN.
   When any debris is to be removed by the Town of Kenly, written notice of the potential removal of the debris by the Town of Kenly shall be given to the owner of the debris or property owner the debris is located. The most current record available to the town shall be used.
(Ord. 104, passed 8-14-1989)
§ 92.42  REMOVAL OF DEBRIS BY TOWN.
   If a property owner does not remove debris classified as a health or safety hazard within 7 calendar days after being notified in writing by the Town of Kenly, the debris shall be removed and disposed of by the town in accordance with §§ 92.35 et seq.
(Ord. 104, passed 8-14-1989)
§ 92.43  DISPOSAL OF DEBRIS BY TOWN.
   (A)   After removal of debris by the Town of Kenly the material shall be legally disposed of; including, but not limited to, hauling to landfill or business established to receive the debris.
   (B)   The proceeds of any sale of debris shall be paid to the Town Clerk or Tax Collector and deposited in the general fund of the Town of Kenly to pay for the expenses related to the removal, and cleanup, storage, investigation and administration, and disposal of the debris.  The owners right therein become extinguished when the debris is not satisfactorily disposed of upon written notice by the Town of Kenly.
(Ord. 104, passed 8-14-1989)
§ 92.44  IMMUNITY.
   Neither the town, its employees, or agents shall be held to answer in any civil or criminal action to any owner or other persons legally entitled to the possession of any debris classified a health or safety hazard as contemplated by §§ 92.35 et seq.
(Ord. 104, passed 8-14-1989)
§ 92.45  EXISTING VIOLATIONS.
   Individuals or businesses that are in non-compliance with §§ 92.35 et seq. shall be given 30 calendar days from the adoption of §§ 92.35 et seq. to become in compliance with §§ 92.35 et seq.
(Ord. 104, passed 8-14-1989)
§ 92.99  PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   A violation of § 92.01 by any person is a misdemeanor and shall subject the offender to a fine of, up to $50 and/or imprisonment for up to 30 days.
(Ord. 122, passed 3-14-1994)
   (C)   (1)   The procedure set forth in §§ 92.15 et seq. shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances and §§ 92.15 et seq. shall not prevent the town from proceeding in a criminal action against any person, firm, or corporation violating the provisions of §§ 92.15 et seq. as provided in G.S. § 14-4.
      (2)   In addition to other available remedies, §§ 92.15 et seq. may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction and applied for by the town as provided in G.S. § 160A-175(b).
      (3)   Also in addition to other available remedies, any violation of the provisions of §§ 92.15 et seq. may subject the offender to a civil penalty in an amount up to $50 per day, which may be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he or she has been cited by the Town Clerk for violation, as provided in G.S. § 160A-175(c).
(Ord. 74, passed 10-10-1983)