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§ 152.26 WARNINGS AND VIOLATIONS.
   (A)   Any producer of prohibited noise as defined in this subchapter that has been determined to be non-cooperative pursuant to this subchapter shall be subject to enhanced civil penalties.
   (B)   Violations shall result in the following:
      (1)   Upon a first violation, enforcing authority shall issue a warning.
      (2)   A second violation shall result in a fine not more than $500.
      (3)   A third violation shall result in a fine not more than $1,000.
      (4)   Subsequent and continued violations will result in a penalty of $1,000 per day of noncompliance.
(Ord. 2021-10, passed 5-13-2021)
ADMINISTRATION
§ 152.91 ADMINISTRATION AND ENFORCEMENT.
   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)
§ 152.92 INVESTIGATION AND RESPONSE TO PUBLIC NUISANCE.
   (A)    notification. Upon declaration of a , the   give notice of its determination and orders to abate the nuisance to the , and , if applicable. A recipient of any such notice must take all action required within the time period stated in the notice. This notice be served in , by regular mail, or by an authorized to serve a warrant and contain the :
      (1)    location by address, parcel identification number, or other description.
      (2)   Information identifying the nature of the at the .
      (3)   A summary of the owner's and occupant's responsibilities under this chapter.
      (4)   Specific orders for or of the .
      (5)   A date for completion of the not to exceed 30 days the receipt of the notice unless a shorter time is required due to the further determination that the immediate is necessary to protect public and safety. In such cases, the reason for a shortened period be specified.
      (6)   Information regarding a right of appeal as provided in § 152.94 of this chapter and that, unless the threat to public is abated or removed in accordance with the terms of the notice, the will have the abated or removed at the expense of the under the provisions of this chapter and/or other applicable or local law.
   (B)   Unknown or absent  . In the event the of the is unknown or absent and has no known representative upon whom the notice can be served, the   post a or printed notice on the stating that, unless the threat to the public is abated or removed within 30 days of the date of posting, the will have the abated or removed at the expense of the under the provisions of this chapter and/or other applicable or local law.
   (C)   Public notification. The   provide information in writing about the declaration and potential hazard(s) to the   as applicable and appropriate:
      (1)   Child Protective Services Division of the Henderson County Department of Social Services in situations of potential child maltreatment or endangerment.
      (2)   Adult Protective Services Division of the Henderson County Department of Social Services in situations of potential vulnerable adult maltreatment or endangerment.
      (3)   Neighbors in close proximity likely to be affected by the conditions found at the site.
      (4)   Local law enforcement officers.
      (5)   Henderson County Environmental (Public) Health.
      (6)   Other and local authorities that have public or environmental protection responsibilities.
   (D)   Warning sign. The   post a warning sign when deemed necessary to further protect the public and safety. The warning sign be posted on the entrance(s) of the structure or and contain information sufficient to alert visitors or returning to the site that it be dangerous to enter, that entry is prohibited unless authorized by the or law enforcement department posting the sign. Any other than the or designated agent that removes a warning sign be in violation of this chapter.
   (E)   Abating . If the , or fails or neglects to comply with the requirements in the notice provided under division (A) of this section, then the   abate or remediate the described in the notice. The will recoup such costs as necessary to abate the as provided in § 152.99 of this chapter.
   (F)   Vacating the order. Upon verification and acceptable proof of proper , , repair, or removal at the site, the   issue notice to those served notice under division (A) of this section that the order is vacated. Notice also be provided, as applicable and appropriate, to those provided information under division (C) of this section.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-10, passed 5-13-2021)
§ 152.93 VEHICLE RESTORATION PERMIT.
   (A)    storing any motor vehicle for more than 30 days outside a fully enclosed permanent structure for the purpose of restoration obtain a from the . The permit be placed in the vehicle in a location viewable from outside the vehicle.
   (B)   This permit allow for one restoration vehicle and up to one parts vehicle that must be compatible with the vehicle being restored.
   (C)   The permit allows for outdoor storage of the vehicle(s) for a period of up to six .
   (D)   A maximum of two six- extensions be granted upon request, provided substantial progress can be proven in the restoration of the vehicle at each extension interval. Progress will be measured by receipts for the purchase of parts or services or visible reconstruction or deconstruction.
   (E)   At no time the vehicle become a public health nuisance by collecting water to breed mosquitoes, losing fluid to contaminate the soil or becoming a harborage for vermin.
   (F)   If restoration work is not complete upon the permit expiration date, the vehicle be removed or placed inside a fully enclosed as required by this chapter.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-10, passed 5-13-2021)
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