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(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)
(a) Upon an appeal to the Town Council, the Town's Code Enforcement Officer shall deposit a first class mail notice, postage prepaid and addressed to the appealing owner, specifying the time and place for the appeal to be heard by the Town Council.
(b) The hearing shall be heard at the next regularly scheduled Town Council meeting for which agenda items are being accepted by the Town Clerk. The owner or any part in interest shall have the right to file a written answer to the Town Council and to appear in person, or otherwise, and give evidence at the place and time fixed in the notice. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in such hearings.
(Ord. No. 00-10-18-001, § 4, 10-18-00; Ord. No. 11-12-05-002, § 1, 12-5-11)
The Town Council, after hearing all the evidence presented at the nuisance appeal hearing, may reverse the Code Enforcement Officer's determination that a nuisance condition exists on the subject property. The Town Council, however, may affirm the Code Enforcement Officer's findings and it then shall enact an ordinance specifically declaring the condition existing on the affected parcel of land to be a public nuisance which is dangerous and prejudicial to the public health or safety and ordering the Code Enforcement Officer to abate the nuisance condition. The Town Council's decision shall be final.
(Ord. No. 00-10-18-001, § 5, 10-18-00)
Following an appeal hearing, if the Town Council has ordered the Town's Code Enforcement Officer to abate the nuisance condition on the affected lot, the Code Enforcement Officer shall deposit a first class mail notice, postage prepaid, to the property owner as reported by the Wake County Tax Administration that they must abate the nuisance within ten (10) days of the deposit. If the property owner within this ten-day period neglects to abate the public nuisance condition, then the Code Enforcement Officer shall cause the condition to be removed or otherwise remedied by having employees of the Town, or subcontractors retained by the Town, go upon the premises and remove or otherwise abate the nuisance under the supervision of the Code Enforcement Officer. The expense of remedying the abatement shall be paid by the property owner. If the expense is not paid, it is a lien on the land or premises where the nuisance occurred, and such lien shall have the same priority and be collected as unpaid ad valorem taxes. In addition hereto, any such unpaid expenses shall be a lien on other property owned by such property owner located within the Town's corporate limits, or within one (1) mile of the Town's corporate limits, except for such property owner's primary residence, and such lien shall have the same priority as a money judgment lien.
(Ord. No. 00-10-18-001, § 6, 10-18-00; Ord. No. 11-12-05-002, § 1, 12-5-11; Ord. No. 24-11-20-001, 11-20-24)
(a) The actual cost and associated expenses including advertising, certified mail and attorneys fees incurred by the Town in removing or otherwise remedying a public nuisance shall be charged to the owner of such lot or parcel of land, and it shall be the duty of the Tax Collector to mail a statement of such charges to the owner or other person in possession of the premises with instructions that such charges are due and payable within thirty (30) days from the receipt thereof.
(b) In the event charges for the removal or abatement of a public nuisance are not paid within thirty (30) days after the receipt of a statement of charges, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. 160A-193.
(Ord. No. 00-10-18-001, § 7, 10-18-00)
The notice given to violators required in Section 83.03 is modified as set forth herein for chronic violators of the nuisance condition for tall noxious weeds or grass enumerated in Section 83.01(a). A chronic violator is a person who owns property whereupon, in the previous calendar year, the Town gave notice of violation at least three (3) times for the nuisance condition of tall noxious weeds or grass. The Town may notify a chronic violator of the Town's public nuisance ordinance that, if the violator's property is found to be in violation of Section 83.01(a) in the subsequent and consecutive year(s), the Town shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the land or premises where the nuisance occurred and shall have the priority and be collected as unpaid ad valorem taxes, unless paid by the property owner. In addition hereto, any such unpaid expenses shall be a lien on other property owned by such property owner located within the Town's corporate limits, or within one (1) mile of the Town's corporate limits, except for such property owner's primary residence, and such lien shall have the same priority as a money judgment lien. The annual notice shall be sent by certified or registered mail.
(Ord. No. 11-12-05-002, § 1, 12-5-11)
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