Loading...
§ 14-102  NUISANCE.
   Any condition specifically declared to be a danger to the public health, safety, morals, and general welfare of inhabitants of the town and a public nuisance by the Town Council, or is in violation of any town, county, or state health regulation, is considered to be a nuisance as follows, but not limited to:
   (A)   Unfit habitat.
      (1)   Whatever renders the air, food, or water unwholesome;
      (2)   Whatever building, erection, structure, or part of cellar thereof is overcrowded, or not provided with adequate means of ingress and egress, or is not sufficiently supported, ventilated, drained, cleaned, or lighted; and
      (3)   An occupied or used improvement thereon without utility services resulting in conditions which are detrimental to the health, safety, or welfare of citizens, and the peace and dignity of the town.
   (B)   Unsanitary, stagnant, or inhibited water.
      (1)   Any stagnant water, to include all cellars and foundations of houses whose bottoms contain stagnant or putrid water;
      (2)   DISEASE VECTORS, an open place of collection of water where insects tend to breed; permitting of any stagnant water, filth, or any other matter harmful to health or comfort to remain on the premises of the owner, or premises under control by the owner or person in control within the corporate limits after 24 hours’ notice of such condition;
      (3)   All business organizations, such as public motor vehicle garages, service stations, dry cleaning establishments, and any other businesses or industrial organizations which shall discharge any petroleum products, chemicals, or other such substances which would, or could, pollute any creek or stream within the zoning jurisdiction of the town;
      (4)   It shall be unlawful for any person to obstruct the flow of water in any stream or drainage way within the town by throwing, or placing, stumps, brush, rubbish, litter, or other material within, or along, the banks of any such stream or natural drainage way; and
      (5)   Any improper, or inadequate, drainage on private property which causes flooding, interferes with the use of, or endangers in any way, the streets, sidewalks, parks, or other town-owned property of any kind; provided, that the notices required, and powers conferred, by this article by and on the public official in abating the nuisances defined by this subsection (B)(5) shall be given, and exercised, by the Town Manager or the Director of Public Works.
   (C)   Rats, snakes, carcasses, and feral animals.
      (1)   Any building or premises which is constructed, or maintained, in such a manner so as to provide food, shelter, or protection for rats;
      (2)   Firewood, if stored outdoors, shall be stacked orderly to prevent wildlife habitat; and
      (3)   Hides, dried or green; provided, the same may be kept for sale in the town when thoroughly cured and odorless.
   (D)   Junk.
      (1)   Any furniture originally intended for indoor or interior use, or outdoor furniture in disuse or disrepair;
      (2)   Seating removed from motor vehicles;
      (3)   Storage containers;
      (4)   Automotive parts and/or supplies;
      (5)   Inoperable appliances, or exercise equipment;
      (6)   Other metal products of any kind, or nature, kept within an open place which have jagged edges of metal or glass, or areas of confinement; and
      (7)   Junked motor vehicles on public grounds and private property. (See Chapter 10, Article XII, “Abandoned, Junk, and Nuisance Motor Vehicles”.)
   (E)   Plant overgrowth.
      (1)   Weeds, grasses, and/or other vegetation on one’s residential, business, or vacant lot which is over eight inches in height on the average, or to permit such lot to serve as a breeding place for mosquitoes, as a refuge for rats and snakes, as a collecting place for trash and litter, or as a fire hazard.
It will be the responsibility of the owner to cut, and remove, all weeds and other overgrown vegetation as often as necessary so as to comply with the provisions of this article. This provision shall not apply to lots greater than one acre, but shall be maintained in accordance with this provision to a depth of 20 feet from its property lines if, and only if, the adjacent property is occupied by a dwelling, or other structure located within 50 feet of such property. This provision will not apply to wooded vacant lots that are more than 75% covered with mature trees, or property that consist of ravines, creek banks, or severe slopes which may cause the maintenance dangerous or unsafe. Furthermore, this provision will not apply to vacant lots that are larger than three acres in size (for example, golf courses, farmland, vineyards, and the like). Natural means of plant removal is permitted on parcels of land greater than 200 acres;
      (2)   A place of vines, shrubs, or other vegetation over eight inches in height when such vines, shrubs, or vegetation are a focal point for any other nuisance enumerated in this article; provided, the nuisance herein defined by this section shall be cleared and cut only when it is necessary to abate any other nuisance described in this section;
      (3)   A place of growth of noxious vegetation, including poison sumac (Rhus Vernix), poison ivy (Rhus Radicans), or poison oak (Rhus Toxicodendron), in a location likely to be accessible to the general public; and
      (4)   Any hedge, shrubbery, tree, or plant along any street, alley, or sidewalk planted closer than 18 inches, or extending closer than 12 inches, or lower than 14 1/2 feet to such street, alley, or sidewalk, or any of the above-mentioned vegetation that obscures clear vision as located within the protected sight distance triangle.
   (F)   Trash and waste. The storage of garbage and trash in containers, as prescribed by this article, and the regular collection thereof by the town upon payment of fees and charges, as provided in this article, are hereby declared to be essential to the efficient operation of the town, and to the prevention of disease and protection to the public health. Any accumulation of rubbish or trash causing, or threatening to cause, the inhabitation therein of rats, mice, snakes, or vermin of any kind;
      (1)   Scattering of garbage or trash, storage of garbage or trash, except in containers as provided by this article, or the accumulation of trash by reason of nonpayment of fees or charges for its removal, is hereby declared to be a nuisance and a violation of this article;
      (2)   Under no circumstances shall trash or garbage be allowed to accumulate, or be stored, for a period longer than 30 days;
      (3)   Under no circumstances shall trash or garbage be dumped, or stored, on any right-of-way or in any alley, or on any lot without being placed in proper containers as prescribed herein;
      (4)   No industrial wastes, manure, debris from construction or repair work, leaves, trees, or tree trimmings may be dumped, or stored, within any right-of-way or in any alley;
      (5)   No owner or occupant of any premises shall prohibit, or prevent, weekly solid waste collection services at the premises; and
      (6)   An open place of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind.
   (G)   Public streets maintenance.
      (1)   Failure to clean or clear a public street, property, and adjoining sidewalks of any earth, sand, or mud and debris related to a construction, timbering, or other similar land use project within 12 hours after notification by the town for major and minor thoroughfares, or within 24 hours after such notification for collector and local streets; however, if it is found by the town that the situation is causing a clear and present danger, or hazard, to traffic or the general public, such cleaning or clearing may be required to take place as soon after notification as practicable. This provision does not preempt any applicable federal, state, or county regulations applicable to said events; and
      (2)   Property owners are required to maintain any area of their property which is located between a public sidewalk and the curb of a paved street in accordance with the guidelines set forth in this section.
   (H)   Odor.
      (1)   Unsightly litter, foul, or offensive odors which remain upon, or emanate from, a property; and
      (2)   Maintaining animals in an unsanitary environment which results in unsightly or offensive animal waste, litter, or odor which would disturb a reasonable person.
   (I)   Construction materials. Lumber and building supplies, earth, sand, and/or gravel on construction sites where the work is discontinued for a period of 60 days;
   (J)   Graffiti. It shall be unlawful for any person owning property, acting as manager or agent for the owner of property, or in possession, or control, of property to fail to remove, or effectively obscure, any graffiti;
   (K)   Animal sanitation.
      (1)   Any person owning, harboring, walking, in possession of, or in charge of, a dog, which defecates on public property, public park property, public right-of-way property, or any private property without the permission of the private property owners, shall remove all feces immediately after it is deposited by the dog. All feces removed in accordance with this subsection (K) shall be placed in a suitable bag or other container that closes, and disposed of in a lawful manner;
      (2)   Any person, while harboring, walking, in possession of, or in charge of, a dog on public property, public park property, public right-of-way, or any private property without the permission of the private property owner, shall have, in possession, a bag or other container that closes, which is suitable for removing feces deposited by the dog; and
      (3)   The provisions of this subsection (K) shall not apply to visually impaired persons using dogs as guides.
   (L)   Abandoned manufactured homes. See Chapter 5, Article VII.
(Ord. 22-2018, passed 12-3-2018)  Penalty, see § 14-111
Statutory reference:
   Similar provisions, G.S. § 160A-193.
§ 14-103  EXCEPTIONS.
   The provisions contained in § 14-102(D) and (F) shall not apply to commercial property owners, including, but not limited to, junk yard dealers, salvage companies, yard waste recycling operations, cement, quarry, or other mining type businesses, whose operations include the accumulation, storage, sale, repair, or maintenance of such materials or objects, and who have obtained all applicable zoning and operating permits, and are following all applicable ordinances contained within the code of ordinances and the zoning ordinance. In addition, the provision contained in § 14-102(G)(1) shall not apply to stockpiled rock, stone, gravel, sand, earth, or other similar materials on sites utilized, and maintained, by the State Department of Transportation, or the municipality.
(Ord. 22-2018, passed 12-3-2018)
§ 14-104  NOTICE.
   (A)   Whenever the Code Official, or appointed designee, has determined that the conditions on a particular lot, or parcel of land, are a nuisance and should be abated, or otherwise corrected, the Code Official, or appointed designee, shall give notice to the owner, lessee, or other person in possession of the premises, in writing, setting forth the findings, and describing the appropriate corrective action. The Code Official, or appointed designee, may establish a deadline, not to exceed 60 days, for the abatement of the nuisance.
   (B)   The notice may be served upon the owner, occupant, or person in possession of the premises by at least one of the following methods:
      (1)   By delivering a copy of the notice to the person, or by leaving copies of the notice at the person’s residence with some person of suitable age and discretion then residing on the premises;
      (2)   By mailing a copy of the notice by registered, or certified, mail, return receipt requested, addressed to the person to be served, and delivered to the addressee;
      (3)   By delivering a copy of the notice to any official, employee, or agent of a corporation, partnership, or business; or
      (4)   If, after a due and diligent effort, the person cannot be located, by posting a copy of the written notice in a prominent place upon the real property.
(Ord. 22-2018, passed 12-3-2018)
§ 14-105  REMOVAL OR ABATEMENT OF NUISANCES.
   Upon investigation and discovery of any of the conditions deemed a nuisance, the Code Official, or appointed designee, shall make a written report of his or her findings, and may order that appropriate corrective action be taken, including the removal, or abatement, of such conditions by the person creating the nuisance, or by the owner, occupant, or other person in possession of the premises on which the nuisance is located. Prompt abatement is required within ten days from the receipt of such written notice.
(Ord. 22-2018, passed 12-3-2018)
§ 14-106  CHRONIC VIOLATOR.
   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 the article, 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 property, and shall be collected as unpaid taxes. The notice shall be sent by certified mail. A CHRONIC VIOLATOR is a person who owns property whereupon, in the previous calendar year, the town gave notice of violation at least three times under any provision of the public nuisance ordinance.
(Ord. 22-2018, passed 12-3-2018)
Statutory reference:
   Similar provisions, G.S. § 160A-200.1.
§ 14-107  REMOVAL OR ABATEMENT OF OTHER CONDITIONS.
   Prior to ordering the removal of conditions which do not threaten the public safety, or pose a general threat to the health, safety, and general welfare of the citizens of the town, the Code Official, or appointed designee, shall first determine that such conditions are visible from adjacent property, or from a nearby street or highway, and that the benefits of removing, or correcting, the conditions outweigh the burdens imposed upon the private property owner. Such findings shall be based upon a balancing of the monetary loss of the owner against the corresponding gain to the public by promoting, or enhancing, the community, neighborhood, or area appearance, including protection of property values, indirect protection of public health and safety, preservation of the character and integrity of the community, and the promotion of comfort and quality of life of area residents.
(Ord. 22-2018, passed 12-3-2018)
§ 14-108  APPEAL.
   Within the time period stated in the notice to abate, the owner or occupant of the property where the nuisance exists may appeal the findings of the Code Official to the Board of Adjustment (BOA) by appearing before the BOA at the appeal hearing date and time given on said notice. The abatement of the nuisance will be postponed by the Code Official until the final determination for the appeal is made by the BOA. The BOA will need to make a four-fifths finding to overturn the Code Official’s ruling. In the event no appeal is taken within the time period stated to abate, the Code Official may proceed to abate the nuisance.
(Ord. 22-2018, passed 12-3-2018)
Loading...