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(A) All owners, operators, or maintainers of automobile graveyards or junkyards existing at the effective date of this subchapter shall register same with the county within a period of 180 days beginning with the effective date of this subchapter. All existing automobile graveyards or junkyards that have not been registered within 180 days shall be in violation of the provisions of this subchapter.
(B) Registration shall be accomplished by acquiring a permit and paying a permit fee of $20. The Ordinance Administrator shall provide the permit form. A junkyard plan prepared by the owner or operator shall be submitted as part of the junkyard registration. The plan shall indicate setbacks, location of public rights-of-way, all proposed structures, all structures within 300 feet of junkyard, driveways, entrances, fencing, screening, types of fencing, types of screening, dimensions of junkyard, gross acreage, owner(s)' name(s), and address(es). Submission of information shall establish preexisting conditions. All permit requirements of § 91.26 shall be met. The plan may be drawn at either one inch = 50 feet, one inch = 100 feet, one inch = 200 feet, one inch = 400 feet scale or freehand with corners identified by the owner on the junkyard site and referenced on the plan. Three copies shall be submitted, one of which shall be on reproducible material.
(C) Penalty. Violation of this section shall be subject only to monetary fines and injunctive relief as provided in § 91.99 herein. A violation of this section shall not be punishable as a criminal offense pursuant to G.S. § 153A-123(b1).
(Ord. passed 1-8-1990; Ord. passed 6-6-2014; Ord. passed 3-21-2022)
All existing junkyards at the effective date of this subchapter, registered in accordance with the § 91.24, shall be granted a compliance period of 24 months from the effective date of registration to conform to these provisions. Thereafter same shall be in violation of this subchapter. Any violation of this section shall be subject only to monetary fines and injunctive relief as provided in § 91.99 herein. A violation of this section shall not be punishable as a criminal offense pursuant to G.S. § 153A-123(b1).
(Ord. passed 1-8-1990; Ord. passed 6-6-2014; Ord. passed 3-21-2022)
(A) No person or entity shall establish, operate, or maintain a junkyard without obtaining a permit. The permit shall only be issued upon the person seeking the permit submitting a statement, under oath, that the existing or proposed junkyard does not violate any of the provisions of this subchapter. The permit shall be valid until revoked for the nonconformance with this subchapter. Application for the permit shall be made to the administrator of the ordinance, on the forms as the Ordinance Administrator shall prescribe. A junkyard plan prepared by the applicant shall be submitted as part of the junkyard permit.
(B) The plan shall indicate setbacks, location of public rights-of-way, all proposed structures, all structures within 300 feet of junkyard, driveways, entrances, fencing, screening, types of fencing, types of screening, dimensions of junkyard, gross acreage, owner(s)' name(s), and address(es). The plan shall be on 18-inch by 24-inch sheets at either one inch = 50 feet, one inch = 100 feet, one inch = 200 feet, or one inch = 400 feet scale. Three copies shall be submitted, one of which shall be on reproducible material.
(C) The fees for the junkyard permits issued under this section shall not exceed a $20 initial fee.
(D) Any new expansion of a junkyard shall require a permit and shall be permitted in accordance with this section as a new establishment.
(E) A rejected permit may be resubmitted within ten days within the date of rejection without incurring an additional permit fee.
(F) Penalty. If a person or entity fails to obtain a permit as required under this section, then said person or entity shall be subject only to monetary fines and injunctive relief as provided in § 91.99 herein. A violation of this section shall not be punishable as a criminal offense pursuant to G.S. § 153A-123(b1).
(Ord. passed 1-8-1990; Ord. passed 6-6-2014; Ord. passed 3-21-2022)
(A) The Ordinance Administrator shall enforce this subchapter. He or she may call upon other agencies as necessary to assist in enforcement of this subchapter.
(B) In addition, whenever the Administrator receives a complaint alleging a violation, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(C) The owner, tenant, or occupant of any building or land or part thereof and agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this subchapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(D) The following procedure shall apply upon discovery of a violation under this subchapter.
(1) If the Administrator finds that any provision of this subchapter is being violated, he or she shall send a warning citation to the person responsible for the violation, indicating the nature of the violation and ordering the action necessary to correct it.
(2) A warning citation shall be issued by the Ordinance Administrator giving the violator ten days to correct the violation. The violator may submit to the Ordinance Administrator a written request for extension of the order's specified time limit for correction of the violation. On determining that the request contains enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the Ordinance Administrator may extend the time limit as reasonably necessary to allow timely correction of the violation.
(3) The warning citation shall establish the facts and state what action the Administrator intends to take if the violation is not corrected. Furthermore, the violator shall be informed of the method of appeal.
(4) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this subchapter or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this section.
(Ord. passed 1-8-1990; Ord. passed 10-21-2002; Ord. passed 6-6-2014; Ord. passed 3-21-2022)
ABANDONED STRUCTURES
It is hereby found that there exists within the county abandoned structures which the Board of Commissioners find to be hazardous to the health, safety and welfare of the residents of the county due to the attraction of insects or rodents, conditions creating a fire hazard, dangerous conditions constituting a threat to children, or frequent use by vagrants as living quarters in the absence of sanitary facilities. Therefore, pursuant to the authority granted by G.S. § 160A-441, it is the intent of this subchapter to provide for the repair, closing or demolition of any abandoned structures in accordance with the same provisions and procedures as are set forth by law for the repair, closing or demolition of dwellings unfit for human habitation.
Statutory reference:
Minimum housing standards; authority, see G.S. § 160A-441
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