CHAPTER 6.5:  OFFENSES AND MISCELLANEOUS PROVISIONS
Section
Article I. General Provisions
   6.5-1   Posting of signs prohibiting the carrying of concealed weapons
Article II.  Lot Clearing
   6.5-15   Findings of fact
   6.5-16   Certain conditions declared nuisances
   6.5-17   Investigation of complaints
   6.5-18   Notice and order to abate on finding of existence
   6.5-19   Removal by town – Generally
   6.5-20   Same – Abatement cost
   6.5-21   Same – Lien upon property
   6.5-22   Other remedies
ARTICLE I. GENERAL PROVISIONS
§ 6.5-1  POSTING OF SIGNS PROHIBITING THE CARRYING OF CONCEALED WEAPONS.
   (a)   Posting of signs required. The Police Chief is hereby authorized and instructed to post conspicuous signage at appropriate locations on or within each municipal park and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the town indicating that carrying a concealed handgun is prohibited therein.
   (b)   Location of signs. Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The Police Chief shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and municipal parks. Nothing contained in this section shall authorize the posting of any outdoor area, such as a parking lot, exclusive of municipal parks, nor shall the carrying of a concealed weapon with the appropriate permit be prohibited in any outdoor area, with the exclusion of municipal parks.
(Ord. passed 11-2-1995; Ord. passed 10-8-2007)
ARTICLE II.  LOT CLEARING
§ 6.5-15  FINDINGS OF FACT.
   The Board of Aldermen finds that the uncontrolled growth of noxious weeds and grass, the accumulation of offensive animal and vegetable matter, and the accumulation of refuse causes or threatens to cause a nuisance dangerous and prejudicial to the public health or safety and that it is in the best interest and welfare of the citizens of the town to abate such nuisances.
(Ord. passed 6-9-1990)
Statutory reference:
   Required findings, see G.S. § 160A-303.2
§ 6.5-16  CERTAIN CONDITIONS DECLARED NUISANCES.
   The existence of any of the following conditions on any vacant lot or other parcel of land (whether improved or unimproved) within the town limits is declared to be dangerous and prejudicial to the public health or safety and constitute a public nuisance:
   (a)   The uncontrolled growth of noxious weeds or grass to a height in excess of 24 inches causing or threatening to cause a hazard detrimental to the public health or safety;
   (b)   Any accumulation of 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 or vermin of any kind which is or may be dangerous or prejudicial to the public health;
   (c)   Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health;
   (d)   The open storage of any abandoned icebox, refrigerator, stove, glass, building material, building rubbish or similar items, or wrecked or junked motor vehicles or parts thereof;
   (e)   Any structure that has been condemned by the Town Building Inspector as unfit for human habitation in accordance with the State Building Code and as otherwise by law provided; and
   (f)   Household contents or portions of a building or structure remaining in an open area upon a lot or parcel of land after damage by fire, wind, water, erosion or any combination of the foregoing.
(Ord. passed 6-9-1990)  Penalty, see § 1-5
§ 6.5-17  INVESTIGATION OF COMPLAINTS.
   The Building Inspector, upon notice from any person of the possible existence of any of the conditions described in § 6.5-16, shall cause to be made by the appropriate County Health Department official or town official such investigations as may be necessary to determine whether conditions exist which may constitute a public nuisance as declared in § 6.5-16.
(Ord. passed 6-9-1990)
§ 6.5-18  NOTICE AND ORDER TO ABATE ON FINDING OF EXISTENCE.
   (a)   Whenever it appears that any conditions described in § 6.5-16 exist, the Town Building Inspector shall cause to be delivered or mailed by certified mail, return receipt requested, to the owner of the property upon which the conditions exist a notice stating why the conditions may constitute a violation and that a hearing will be held before the Building Inspector at a place therein fixed, not less than ten nor more than 30 days after the delivery or mailing of the notice. The owner or any party in interest shall have the right to file an answer to the notice and to appear in person, or otherwise, and to give evidence at the place and time fixed in the notice. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in such hearings.
   (b)   If a determination is made that such conditions constituting a public nuisance exist, the Building Inspector shall notify, in writing, the owner of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within 15 days from the receipt of such written notice.
   (c)   Every decision of the Building Inspector shall be subject to review by the Board of Aldermen. Any appeal to the Board of Aldermen shall be taken within ten days of the date of the hearing, and written notice thereof shall be served upon the town within the ten-day period. During the appeal to the Board of Aldermen any action to abate the nuisance shall be stayed.
(Ord. passed 6-9-1990)
§ 6.5-19  REMOVAL BY TOWN – GENERALLY.
   If the owner, having been ordered to abate a public nuisance pursuant to the provisions of this article, fails, neglects or refuses to abate or remove the conditions constituting the nuisance within 15 days from receipt of the order, the Building Inspector shall cause the condition to be removed or otherwise remedied by having employees of the town go upon the premises and remove or otherwise abate such nuisances under the supervision of an officer or employee designated by the Building Inspector. Any person who has been ordered to abate a public nuisance may within the time allowed in this article request the town in writing to remove such condition, the cost of which shall be paid by the person making such request.
(Ord. passed 6-9-1990)
§ 6.5-20  SAME – ABATEMENT COST.
   The actual cost incurred by the town in removing or otherwise remedying a public nuisance under this article shall be charged to the owner of such lot or parcel of land, and it shall be the duty of the Tax Collector to mail a statement of such charges to the owner or other person in possession of such premises with instructions that such charges are due and payable within 30 days from the receipt thereof.
(Ord. passed 6-9-1990)
§ 6.5-21  SAME – LIEN UPON PROPERTY.
   Charges for the removal or abatement of a public nuisance under this article which are not paid within 30 days after the receipt of a statement of the charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes as provided in G.S. § 160A-193.
(Ord. passed 6-9-1990)
§ 6.5-22  OTHER REMEDIES.
   The procedure in this article shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances, and this article shall not prevent the town from proceeding in a criminal action against any person violating the provisions of this article as provided in G.S. § 14-4.
(Ord. passed 6-9-1990)