(A) Whenever a violation of § 4.03.10 exists, the violation shall be considered a public nuisance, and the Administrator shall give written notice to the owner, occupant, tenant, manager or property management company of the property upon which such nuisance exists and/or upon the owner, occupant, tenant, manager or property management company causing, maintaining or allowing the nuisance to exist. If, upon reasonable diligence, the owner, occupant, tenant, manager or property management company responsible for the nuisance cannot be determined or located, then the Administrator shall post the notice on the property.
(B) The notice to abate shall contain:
(1) An order to abate the nuisance within a stated time, not to exceed ten days from the date of mailing or the date of posting;
(2) An order allowing the violator to request a hearing within a stated time, not to exceed ten days from the date of receipt of the mailing or, if the owner, occupant, tenant, manager or property management company responsible for the nuisance cannot be determined or located, then no later than ten days from the date of posting;
(3) The location of the nuisance, if the same is stationary;
(4) A description of what constitutes the nuisance;
(5) A statement of acts necessary to abate the nuisance; and
(6) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the town will abate such nuisance, assess the cost thereof against such person, and pursue appropriate criminal and/or civil penalties.
(7) Service of notice. The notice to abate a nuisance shall be served by certified mail or personally delivered to the violator. If, upon reasonable diligence, the owner, occupant, tenant, manager or property management company responsible for the nuisance cannot be determined or located, then the Administrator shall post the notice on the property in a location visible from the nearest street.
(8) Persons liable. The owner, tenant, occupant, manager or land management company of any building or land or part thereof who participates or acts in concert, assists, directs, creates or maintains a nuisance (the “violator”) may be held responsible for the violation and subject to the fines, penalties or remedies herein provided.
(9) Hearing and appeal. At any time before the expiration of the abatement period specified, the respondent may request a hearing before the Planning Director or his or her designee to appeal the finding that a public nuisance exists. The request for a hearing must be in writing and must be filed in the office of the Planning Director. The Planning Director shall fix a time for the hearing which shall be no greater than seven days beyond the expiration of the abatement period, and the initial abatement order shall be temporarily suspended pending such hearing. Failure to request a hearing shall waive the right to do so after the abatement period has elapsed. At the hearing, the individual affected by the order shall be given the opportunity to present evidence to refute the findings which supported the abatement order. No later than five days following completion of the hearing, the Planning Director or his or her designee shall render a decision either revoking the initial order, issuing a final order which differs from the initial order, or affirming the initial order.
(10) Abatement by the town. Upon the failure of the violator to abate the nuisance following a hearing, or upon the failure of the violator to request a hearing, the Planning Director may enter the property, take action to abate the nuisance, and prepare a statement of costs incurred in the abatement thereof.
(11) Payment of costs. Upon completion of the abatement of any nuisance under the provisions of this article, the Planning Director shall deliver to the Finance Officer a statement including the costs of labor, hauling and other necessary items of expense for such abatement. The Finance Officer shall thereupon mail a bill to the violator for the costs. When the violator is the property owner, the amount of the bill may be collected in a civil action or may become a lien upon said property and if not paid within 30 days shall be collected in the same manner as provided for the collection of delinquent taxes. If the violator is not the property owner, the amount shall be recovered by the town in a civil action in the nature of debt.
(12) Civil remedies.
(a) A violator who fails to abate a nuisance in the time specified shall be subject to a fine of $200. No fine shall be assessed until the person alleged to be in violation has been notified of the violation by certified mail, return receipt requested, or by personal service. For each day the violation is not corrected, the violator shall be liable for a new and separate offense and subject to additional civil fines. If the violator fails to pay a fine within ten days after being cited for violation, the fine may be recovered by the town in a civil action.
(b) In addition to or in lieu of any fine, the town may seek a mandatory injunction or order of abatement to enforce the provisions of this article.
(13) Criminal remedies. Any person violating the provisions of this article shall be guilty of a misdemeanor and shall be subject to a fine of $200 or imprisonment of not more than 30 days as specified by G.S. § 14.4. Each day of violation of this article shall be a separate and cumulative violation.
(Ord. passed 11-2-2011)