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§ 152.25 NOISE COMPLAINTS.
   (A)   Any person having reasonable grounds for believing any provision of this subchapter is being violated may make a report thereof to the Henderson County Sheriff’s Department or the Town of Mills River, which shall investigate the alleged violation. If any such investigation reveals a violation, the investigating deputy or code enforcement officer has the authority to cause a written complaint to be made and may issue a citation for a civil penalty, and may obtain other enforcement measure as allowed in this chapter.
   (B)   It shall be unlawful for any person to file a false report or to provide false information to any enforcement official involving any investigation of any reported violation of this subchapter. Any person found violating this provision shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500.
   (C)   It shall be unlawful for any person to repeatedly file frivolous or unfounded complaints with law enforcement in order to intimidate or harass any member of such department or any animal owner, or to otherwise hinder or interfere with any function of the department of animal control. Any person found violating this provision shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500.
(Ord. 2021-10, passed 5-13-2021)
§ 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)
§ 152.94 APPEALS.
   (A)   Right of appeal. When a is declared, an of the affected   appeal the declaration, including an order for or , by filing a request with the Mills River Zoning Board of Adjustment.
   (B)   Hearing. If any makes a request to the Zoning Board of Adjustment for an evidentiary hearing, such hearing be held in accordance to procedures as described in §§ 154.175 through 154.179 of the  .
      (1)   Schedule. The evidentiary hearing be held at the next available meeting that satisfies public notice requirements after the request for a hearing was received.
      (2)   Witnesses and evidence. All parties have full opportunity to respond to and present evidence and witnesses.
      (3)   Standard of proof. The appellant have the burden of proving its position by clear and convincing evidence.
      (4)   Rules of evidence. Hearings be informal and the rules of evidence as applied in the courts not apply. Irrelevant, immaterial, and repetitious evidence be excluded.
   (C)   Record of hearing. The hearing be recorded, and the minutes of the meeting be approved by the Zoning Board of Adjustment at their next scheduled meeting.
   (D)   Notice of decision. The decision of the Zoning Board of Adjustment be issued in writing within ten calendar days the hearing. Unless otherwise provided by law, the decision of the Zoning Board of Adjustment constitute the final decision.
   (E)   Further appellate rights. Any party aggrieved by a final decision is entitled to judicial review of the decision. A petition for a writ of certiorari by the party must be filed with the Court of Appeals not more than 30 calendar days after notice of the final decision has been issued from the Zoning Board of Adjustment.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-03, passed 3-25-2021; Am. Ord. 2021-10, passed 5-13-2021)
§ 152.99 VIOLATIONS, PENALTIES, COSTS, AND REIMBURSEMENTS.
   (A)   Civil penalties. Unless otherwise specified in this chapter, any who is an or of and who violates this chapter, or permits a nuisance to exist on the under his/her control, or fails to take action to abate the existence of the violation(s) within the time specified in the notice described in § 152.92 above, when ordered or notified to do so by the , be subject to a civil penalty of $50. Each day's violation be treated as a separate offense.
   (B)   Civil action. In the event of a violation of this ordinance or any order entered for of a nuisance, the   take appropriate action to enforce this chapter, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct, or abate such violations. The   recover all costs and expenditures expensed towards remedying the violation, including administrative time and attorneys' fees.
   (C)   Criminal violation. A violation of this ordinance is a Class 3 misdemeanor pursuant to G.S. § 14-4.
   (D)   If required to remove, abate or remediate a , the   make every reasonable effort to recover costs incurred in removal, or in a civil action. The cost of enforcement action under this chapter be assessed and charged against the on which the was located. The   extend the cost as assessed and charged against said . Nothing herein precludes or limits the from seeking recovery of costs through other methods allowed by Federal or law.
   (E)   Subrogation rights. Nothing in this chapter is intended to limit the subrogation rights of any party and the  . The   maintain the right to recover costs, referenced in this section, from contributing to the damage.
   (F)   Revocation of development approvals. In addition to initiation of enforcement actions, town issued permits may be revoked by notifying the holder in writing stating the reason for the revocation. The shall follow the same permit review and approval process required for issuance of the permit, including any required notice or hearing, in the review and approval of any revocation of that permit. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of any applicable element of this chapter; or for false statements or misrepresentations made in securing the permit. Any permit mistakenly issued in violation of an applicable state law or local ordinance may also be revoked. The revocation of a permit by a staff member may be appealed pursuant to G.S. § 160D-405.
(Ord. 2019-02, passed 10-12-2019; Am. Ord. 2021-03, passed 3-25-2021; Am. Ord. 2021-10, passed 5-13-2021)