(A) Purpose. The purpose of this section is to remove criminal activity from areas of the city using G.S. §§ 19-1 through 19-8.3. these criminal activities shall include assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this section, shall constitute a nuisance.
(B) Jurisdiction. The provisions of this chapter shall apply within the corporate limits of the City of Oxford.
(C) Declaration of a criminal nuisance. Any condition defined in G.S. Ch. 19 as a nuisance shall be defined herein as a nuisance and shall be prohibited within the jurisdiction of the City of Oxford.
(D) Identification.
(1) The primary responsibility of identifying potential properties and/or businesses rests with the Chief of Police and the Police Department as they have the most direct contact with the types of activities to which the nuisance law applies.
(2) All city officials, including members of the Board of Commissioners, Mayor, City Manager, and City Attorney should assist the Chief of Police in carrying out his or her responsibility of identifying nuisances and should contact him or her if they have concern about ongoing illegal or suspicious activity at a particular location in the city. A copy of the nuisance law should be distributed to all city officials and they should familiarize themselves with the types of activities to which it applies.
(3) Members of the general public should be encouraged by the Police Department and city officials to assist them in identifying areas and locations of concern. A copy of the nuisance law should be generally available at City Hall for use of the citizens.
(E) Investigation.
(1) When a potential nuisance is identified, it shall be reported to the Chief of Police who shall determine whether the reported nuisance is such that additional investigation should be conducted.
(2) In the event it is determined that additional investigation should be conducted, the Chief of Police or his designee within the Police Department shall investigate the nuisance. Upon the completion of the investigation, a written report shall be prepared and filed with the City Manager and City Attorney. The report shall contain detailed findings of fact and all supporting documentation. After the report has been reviewed, the Chief, City Manager, and City Attorney shall decide whether or not the city should take steps to abate the nuisance. If they decide to take steps to abate the nuisance then they shall report the findings to the Board of Commissioners in closed session to determine if the Board wishes to seek legal remedies and pay legal costs.
(F) Notification, abatement, actions of injunction, civil penalty, and forfeiture.
(1) If it is determined as set forth above that a nuisance situation exists and that the same should be abated, the city shall take such steps necessary to do so, in accordance with the laws of the State of North Carolina. The landowner(s) and/or business operator(s) shall be notified, by certified mail, return receipt requested, of the facts and circumstances, which constitute the nuisance. The landowner and/or business owner shall be given a reasonable time to respond to the allegations and shall be given a reasonable time to voluntarily abate the nuisance. If requested by the landowner, the Police Chief and/or City Manager and shall meet with the landowner to discuss resolution of the nuisance.
(2) If, after notification, and upon the expiration of the notification period, the landowner and/or business owner fails to voluntarily abate the nuisance, then the City Manager shall report the same to the Board in executive session. At this time, the Board, after consulting with the City Manager, Chief of Police, and City Attorney, shall decide whether to pursue the matter through the judicial process and seek abatement, injunction, civil penalty, and forfeiture as deemed necessary and set forth in G.S. §§ 19-2.1 et seq. If the Board so decides, then the procedures set forth in G.S. §§ 19-2.1 et seq., which are annexed hereto and incorporated by reference herein, shall be followed.
(Ord. 09-09-02, passed 9-8-09)