Sec. 83.01. Nuisance conditions.
Sec. 83.02. Investigation.
Sec. 83.03. Notice to abate; right to appeal; abatement.
Sec. 83.04. Notice of appeal hearing; hearing.
Sec. 83.05. Council decision.
Sec. 83.06. Abatement by Town.
Sec. 83.07. Costs of abatement; lien.
Sec. 83.08. Annual notice to chronic violators.
Sec. 83.09. Procedure not exclusive.
* State Law reference— Abatement of public health nuisances, see G.S. 160A-193.
The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:
(a) The growth of noxious weeds or grass to a height in excess of twelve (12) inches.
(b) Any accumulation of rubbish, trash, or junk, including the accumulation of debris, discarded items, tires, mattresses, upholstered furniture, inoperable appliances, building and construction materials and tools, lawn and garden equipment, and other items not designated as patio or lawn furniture, causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(c) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitation therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(d) The open storage of any abandoned ice box, refrigerator, stove, glass, building material, building rubbish, or similar items.
(e) Any other condition detrimental to the public health.
(Mo. of 9-3-96; Ord. No. 00-10-18-001, § 1, 10-18-00; Ord. No. 10-09-07-001, § 1, 9-7-10; Ord. No. 16-11-07-001, § 2, 11-7-16)
(Ord. No. 00-10-18-001, § 2, 10-18-00)
(a) If the Town's Code Enforcement Officer determines that a nuisance condition exists on the affected lot, the officer shall give notice to the owner of the premises to abate or remove such conditions within ten (10) calendar days. Serving of such notice shall be by any one (1) of the following methods:
(1) By delivery in person or by leaving the notice at the usual place of abode of the owner with a person who is over the age of sixteen (16) years of age and a member of the family of the owner.
(2) By the deposit of first class mail, postage prepaid, to the owner of the property at their last known address, as listed by the Wake County Tax Administration.
(3) By the posting of a placard in a conspicuous place on the premises on which the violation exists in conjunction with first class mail notice.
(b) Service shall be deemed sufficient if the first class mail is not returned by the post office within ten (10) days of deposit. Service by posting shall be deemed sufficient if the first class mail is returned and notice of the pending proceedings was posted in a conspicuous place on the property affected on the day the first class mail notice was deposited.
(c) The notice shall state specifically which nuisance condition listed in Section 83.01 is present on the affected parcel of land, and shall also inform the property owner that they may, within the ten-day period, appeal the Code Enforcement Officer's decision to the Town Council by giving written notice to the Code Enforcement Officer.
(d) An appeal made by the property owner within ten (10) days of the service of notice shall stay the abatement of the property until the Town Council has made a final determination on whether a nuisance condition exists on the affected lot.
(e) If the property owner, within this ten-day period, neglects to abate the nuisance condition and fails to appeal the Code Enforcement Officer's decision to the Town Council, then the Code Enforcement Officer shall cause the condition to be removed or otherwise abated.
(f) This section shall not apply if the property owner can show that the nuisance was created solely by the actions of another.
(Ord. No. 00-10-18-001, § 3, 10-18-00; Ord. No. 11-12-05-002, § 1, 12-5-11; Ord. No. 24-11-20-001, 11-20-24)
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