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It shall be unlawful for any person to throw or deposit upon any street or sidewalk, or upon any private property, except with written permission of the owner or occupant of the private property, any trash, refuse, garbage, building material, cans, bottles, broken glass, paper or any type of litter.
(1989 Code, § 9-3; 2003 Code, § 5-5.4)
Cross-reference:
Use of containers required, see § 6-4.2
Statutory reference:
Littering, see G.S. §§ 14-399, 14-399.1, 160A-303
Every owner, lessee, tenant, occupant or person in charge of any commercial establishment or premises which maintains any paved or unpaved areas for the use of the public, either for parking or as access area incident to the carrying on of the principal business of any commercial establishment or premises and which parking or access areas abut or lie within ten feet of any public street or other public way, shall keep and maintain the areas clean and free from trash, litter, rubbish and any materials liable to be blown, deposited or cast upon the street or other public way.
(1989 Code, § 9-5; 2003 Code, § 5-5.6)
Suitable receptacles shall be provided in all parking or access areas within the meaning of § 5-5.6. The receptacles shall be plainly marked and constructed to prevent scattering of any trash, litter, rubbish or other material deposited therein.
(1989 Code, § 9-6; 2003 Code, § 5-5.7)
The following enumerated and described conditions, or any combination thereof, are hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and the ETJ and are hereby found, deemed and declared to be public nuisances wherever the conditions may exist and the creation, maintenance or failure to abate any nuisances is hereby declared unlawful:
(A) Any weeds or other vegetation having an overall height of more than ten inches above the surrounding ground provided that the following shall not be considered to be a part of this condition: trees and ornamental shrubs; cultured plants; natural vegetation on undeveloped property that is not a threat to the character of surrounding properties; and flowers and growing and producing vegetable plants. The Town Manager or his or her designee shall determine these qualifications;
(B) Any accumulation of trash and/or garbage which is the result of the absence or of overflowing or improperly closed trash or garbage containers;
(C) Accumulation in an open place of hazardous waste or toxic materials and chemicals;
(D) An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags or any other combustible materials or objects of like nature;
(E) Any accumulation of garbage, rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, mosquitoes or vermin prejudicial to the public health;
(F) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitancy therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health;
(G) The open storage of any discarded ice box, refrigerator, stove, washer, dryer, other “white goods”, glass, building materials, building rubbish or similar items;
(H) Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the Town Manager or his or her designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises;
(I) Any condition which blocks, hinders or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches or drains, to the extent that the premises is not free from standing water;
(J) Nuisance vehicle; a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance and unlawful, including a vehicle found to be:
(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation which exceeds eight inches in height;
(3) In a condition allowing the collection of pools or ponds of water;
(4) A concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;
(5) An area of confinement which cannot be operated from the inside, such as, but not limited to, trunks or hoods;
(6) So situated or located that there is a danger of it falling or turning over;
(7) A collection of garbage, food waste, animal waste or any other rotten or putrescent matter of any kind; or
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass.
(K) Neglect of property. It shall be unlawful for any person to endanger the public health, safety and welfare through the neglect of property by causing or allowing the accumulation of solid waste or unsightly litter, waste products causing the existence of foul odors, dead animals, unsecured appliances, building material, hazardous waste or potentially dangerous devices to be discarded, abandoned or remain on or emanate from any property, or to cause or allow the accumulation of solid waste or unsightly litter, waste products causing the existence of foul odors, dead animals, unsecured appliances, building material, construction and demolition material, hazardous waste or potentially dangerous devices to be discarded, abandoned or remain on or emanate from public property or other private property, vacant lots, ponds, streams or bodies of water or banks thereof;
(L) Dilapidated condition on premises. It shall be unlawful for any person to have on his or her premises material that creates a littered condition, such as, but not limited to, lawn furniture, appliances, machinery, equipment, building materials, automotive parts, tires, fencing or any other items which are in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which are not completely enclosed within a building or dwelling;
(M) Storage or use of upholstered furniture outdoors. It shall be unlawful for any person to keep, store or use any upholstered furniture in any outdoor location on any property unless it is totally enclosed in a weather-tight building; and
(N) Any condition detrimental to the public health which violates the rules and regulations of the County Health Department.
(1989 Code, § 9-7; 2003 Code, § 5-5.8) (Amended 3-6-2001; Amended 6-1-2010; Amended 4-11-2018; Amended 11-2-2021)
When any condition in violation of this article is found to exist, the Town Manager or designee shall give notice to the owner of the premises to abate or remove the conditions within ten days. The notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, if the violation is not corrected within ten days, the town may proceed to correct the same as authorized by this article. Service of the notice shall be by any one of the following methods:
(A) By delivery to any owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner;
(B) By depositing the notice in the United States Post Office addressed to the owner at his or her last known address with postage prepaid thereon; or
(C) By posting and keeping posted for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists, when notice cannot be served by subsections (A) and (B) above.
(D) Annual notice to chronic violators shall only be made by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected.
(1989 Code, § 9-8; 2003 Code, § 5-5.9) (Amended 3-6-2001; Amended 11-2-2021)
Any affected property owner may request a hearing before the Town Manager or designee to show cause why they are not in violation of this article. The appeal shall be in writing, and shall be delivered to the Town Manager or designee in 14 calendar days from the date the original notice of violation was mailed or served as provided in § 5-5.9.
(Amended 11-2-2021)
If the owner of any property fails to comply with a notice given pursuant to this article, within ten days after the service of the notice, he or she shall be subject to prosecution for violation of this article in accordance with law and each day that the failure continues shall be a separate offense. In addition, the Town Manager may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as taxes and levies are collected. All expenses shall constitute a lien against the property on which the work was done.
(1989 Code, § 9-9; 2003 Code, § 5-5.10) (Amended 3-6-2001; Amended 11-2-2021)
Nothing in this article nor any of its provisions shall be construed to impair or limit, in any way, the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedy or remedies provided herein or in other articles or laws. In addition to the remedies provided for herein, any violation of the terms of this article shall subject the violator to the penalties and remedies, either criminal or civil or both, as set forth in § 1.8. of the code of the town.
(1989 Code, § 9-10; 2003 Code, § 5-5.11) (Amended 3-6-2001; Amended 11-2-2021)
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