(A) Investigation. Upon notice from any person that a condition exists that may be a violation of § 90.16 of this chapter, the Town Manager or Police Chief shall initiate an investigation to determine whether such condition constitutes a violation of this subchapter.
(B) Order of abatement.
(1) If a determination is made that a violation does exist, the Town Manager or Police Chief shall send a written notification (by personal delivery or certified mail, receipt requested) to the owner of the premises in violation.
(2) If said notice is refused or unclaimed, then the property shall be posted with notice ordering abatement within 30 days.
(C) Appeal. Any order of abatement may be appealed to the Town Council. The appeal shall be in writing and submitted within ten days after receipt of the order of abatement. The filing of an appeal shall stay all enforcement proceedings until such time as the Town Council has made a final decision.
(D) Failure to abate.
(1) If the owner, having been properly ordered to abate a violation, fails, neglects or refuses to abate or remove the offending condition within 30 days from receipt of such order and after the appeal process has been exhausted, the Town Manager will initiate civil penalties.
(2) An extension for good cause may be granted, by the Town Manager, with the approval of the Town Council.
(E) Removal. Upon initiation of civil penalties, if the owner fails, neglects or refuses to abate or remove the offending condition within 30 days, the town may exercise the option to proceed to abate the same and the cost thereof shall be charged against the property.
(F) Cost of removal or abatement and civil penalties charged to the owner.
(1) The actual cost incurred by the town in removing or remedying a nuisance and any civil penalties shall be charged to the owner of the premises, plus an additional fee of $20 to cover the cost of notice and cost of collection.
(2) The Tax Collector shall mail a statement of such charges to the owner or the person in possession of the premises with instructions that such charges are due and payable within 30 days from the receipt of the notice.
(G) Liens upon the premises. In the event charges for the removal or abatement of a public nuisance and civil penalties are not paid within 30 days after receipt of the statement of charges, such charges shall become a lien upon the land or premises where the nuisance existed and shall be collected as unpaid taxes as provided in G.S. § 160A-193.
(Ord. passed 2-19-2013)