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§ 14-109  REMOVAL BY TOWN.
   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)
§ 14-110  EMERGENCY ACTION.
   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)
§ 14-111  PENALTIES.
   (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)
§ 14-112  RIGHT OF ENTRY.
   The Code Official, or appointed designee, is hereby given full power and authority to enter upon the premises upon which a nuisance is found to exist under the provisions of this article for the purpose of abating the nuisance, as provided in this article.
(Ord. 22-2018, passed 12-3-2018)
§ 14-113  COST OF ABATEMENT DECLARED LIEN.
   (A)   The actual cost 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 Finance Department or Public Services Department to mail a statement of such charges to the owner, or other person in possession of such premises, with instructions that such charges are due, and payable, within 30 days from the receipt thereof.
   (B)   If charges for the removal, or abatement, of a public nuisance are not paid within 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.
   (C)   The procedure set forth in this article shall be in addition to any other remedies that may exist under law for the abatement of public nuisances, and this article shall not prevent the town from proceeding in a criminal action against any person violating the provisions of this article.
   (D)   All ordinances, or parts of ordinances, in conflict with this article are hereby repealed. If any part of this article shall be adjudged invalid, such adjudication shall apply only to such part so adjudged, and the remainder of the article shall be deemed valid and effective.
(Ord. 22-2018, passed 12-3-2018)
§ 14-114  OPEN BURNING.
   (A)   Open burning shall be permitted only in accordance with 15A N.C.A.C.02D.1903, and such other statutes and rules as may be adopted by the state. The statute 15A N.C.A.C.02D.1903 authorizes open burning without a state permit for several purposes, including, but not limited to, the following:
      (1)   Open burning of leaves, tree branches, or yard trimmings, excluding logs and stumps, if the following conditions are met:
         (a)   The material burned originates on the premises of private residences, and is burned on those premises;
         (b)   There are no public pick up services available;
         (c)   Non-vegetative materials, such as household garbage, lumber, or any other synthetic materials, are not burned;
         (d)   The burning is initiated no earlier than 8:00 a.m., and no additional combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day;
         (e)   The burning does not create a nuisance; and
         (f)   Material is not burned when the Division of Forest Resources has banned burning for that area.
      (2)   Open burning for land clearing or right-of-way maintenance if the following conditions are met:
         (a)   The wind direction at the time that the burning is initiated, and the wind direction as forecasted by the National Weather Service at the time that the burning is initiated, are away from any area, including public roads within 250 feet of the burning, as measured from the edge of the pavement or other roadway surface, which may be affected by smoke, ash, or other air pollutants from the burning; and
         (b)   The location of the burning is at least 1,000 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted.
   (B)   For a complete list of open burning activities authorized without a state permit, a property owner should contact either the Code Enforcement Officer, or the staff at the NC DENR, Division of Air Quality.
(Ord. 22-2018, passed 12-3-2018)
ARTICLE II:  NOISE
Section
   14-201   Unnecessary noises prohibited
   14-202   Same: noise expressly prohibited
   14-203   Penalty
Statutory reference:
   Authority to regulate noise, G.S. § 160A-184.
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