Where there is a violation of any provision of this chapter, the
, in its discretion,
require any appropriate action as described in this chapter.
(A) ordinances. Except where otherwise specified, this chapter is subject to all provisions of the Mills River Town . The Town Manager or his/her designee (Department) be responsible for administration and enforcement of this chapter.
(B) Declaration as a .
(1) It
be the duty of the
acting by and through its authorized delegate to determine whether or not a
exists. The Department
act by and through complaints only.
(2) For purposes of emergency response and notification to applicable authorities and posting for the public, the
determine that a structure,
, or portion of a
constitutes an immediate environmental health nuisance pursuant to Chapter 130A and the North Carolina General Statutes and North Carolina Administrative Code. In the event the Department makes this determination the nuisance will be referred to the Henderson County Department of Public Health for administration and
.
(C) Modifications to or dismissal of the declaration.
(1) The
modify conditions of the declaration or dismiss the declaration of a
.
(2) Such modifications or dismissal
occur only after the
has confirmed that the violation no longer exists or if there has been substantial and continuing improvement towards abating the nuisance.
(3) The
will base its criteria for determining levels of nuisance on the best health and safety information available at the time of the declaration and cannot be held liable for future discoveries.
(4) For good cause shown, the
or
request authorization from the
for an extension of time to complete
activities. An extension
be granted if the extension does not increase the risk to public or safety and is deemed appropriate. Extensions
not be granted unless the
or
shows substantial improvement toward abating the nuisance and
be for a period of be no longer than 30 days. Additional extensions
be at the discretion of the
and
only be considered if there has been substantial and continuing improvement towards abating the nuisance.
(D) Access to premises and records. The or , upon the request of the and after proper identification, permit access to all parts of the site or structure where a nuisance has been declared as often as necessary, and at any reasonable time for the purposes of inspection, and , and exhibit and allow copying of any and all records necessary to ascertain compliance with this chapter. If the will not permit entry upon the , the complete the requirements of an administrative search warrant in order to inspect the complaint.
(E) Interference. No in any way interfere with or hinder the in the performance of duties, or refuse access to gather information necessary to ascertain compliance with this chapter.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-10, passed 5-13-2021)