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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)
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.
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)
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)
If any person, having been ordered to abate a public nuisance pursuant to this article, fails, neglects, or refuses to abate, or remove, the condition constituting the nuisance within 15 days from receipt of such order, the designee may cause such condition to be removed, or otherwise remedied, by having employees of the town, or contracted work, go upon such premises and remove, or otherwise abate, such nuisance under the supervision of an official, or employee designated by the Code Official. Any person who has been ordered to abate a public nuisance may, within the time allowed by this article, request the town, in writing, to remove such condition, the cost of which shall be paid by the person making such request. The town may require such requestor to deposit some, or all, of the estimated cost of such removal prior to doing the work, or may require the requestor to execute an agreement giving security for the payment of such costs.
(Ord. 22-2018, passed 12-3-2018)
Notwithstanding the provisions of § 14-109, the Code Official, or appointed designee, shall have authority to summarily remove, abate, or remedy, or cause to be removed, abated, or remedied, any condition that is dangerous, or prejudicial, to the public health or public safety.
(Ord. 22-2018, passed 12-3-2018)
(A) Any violation of the articles of this chapter shall subject the offender to a civil penalty in the amount of $50. Violators shall be issued a written citation which must be paid within 72 hours of receipt. Such citation shall be served by either first class mail, personal service, or posted at the front door. Any of these methods of service shall be conclusively presumed to be valid, and no owner or occupant shall refuse service of the citation.
(B) Each day’s continuing violation shall be considered a separate, and distinct, offense.
(C) Notwithstanding subsection (A) above, provisions of this article may be enforced through equitable remedies issued by a court of competent jurisdiction.
(D) In addition to, or in lieu of, remedies authorized in subsections (A) and (C) above, violations of any articles of this chapter may be prosecuted as a misdemeanor, or otherwise, in accordance with G.S. § 160A-175.
(Ord. 22-2018, passed 12-3-2018)
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