(A) (1) Any person failing to remove offending matter as described in §§ 91.30 and 91.31 within ten days of duly given notice shall be liable to the town for a penalty of $25 for each day that the offense continues beyond the ten day period after due notice is given, and a failure to pay such penalty within ten days of the final assessment thereof shall, in addition to the penalty stated above, constitute a misdemeanor subjecting such person to fine or imprisonment as provided in state statutes.
(2) Any person violating this chapter by allowing animal or vegetable matter in such dangerous condition as to admit no delay in its removal to remain on any premises or lot within the town, so as to necessitate the immediate removal of the same by the town, shall be liable to the town for a penalty of $50, in addition to the costs of removal of the same as prescribed in division (B) below, and failure to pay such penalty and such charges within ten days of the final assessment thereof shall, in addition to the penalty stated above, constitute a misdemeanor subjecting such person to fine or imprisonment as provided in state statutes.
(3) The civil penalties provision established in this division (A) shall only apply to properties within the corporate limits of the town.
(Prior Code, § 8-5)
(B) (1) Upon the failure of the owner or occupant of any such premises or lot to remove therefrom, in the time indicated by duly given notice from the Mayor or someone designated by him, her, or them, or by final determination of the Board of Commissioners, the offending matter as aforesaid, the Mayor of the town may direct employees of the town to go upon such premises or lot and remove there from the offending matter described in §§ 91.30 and 91.31; provided, however, that if the animal or vegetable matter is in such dangerous condition as to admit no delay in its removal, the Mayor may, without said notice, direct and effect the removal of the same.
(2) Upon the completion of such removal, the town employee removing the matter as directed shall deliver to the town’s Tax Collector a statement showing the actual cost thereof, which statement shall include costs of demolition; labor; waste remediation, including the removal of asbestos and other hazardous materials; hauling and other necessary items of expense, plus the sum of $1 to cover the cost of notice and cost of collection.
(3) The town’s Tax Collector shall thereupon mail to the owner of the premises or lot a bill covering such costs, if with reasonable diligence the name and address of such owner can be ascertained, and if the amount of such bill shall become a lien upon said premises or lot.
(4) If not paid within 30 days, it shall become a lien upon said premises or lot.
(5) A lien established pursuant to this section shall have the same priority and be collected as unpaid ad valorem taxes.
(6) The expense of the action shall also be a lien on any other real property owned by the person in default within the town limits or within one mile thereof except for the person’s primary residence; this second lien shall be inferior to all prior liens and shall be collected as a money judgment.
(Prior Code, § 8-7)
(C) Assessment and enforcement of said lien as provided in this section shall be in addition to, and shall not be computed as a reduction or in mitigation of, the penalty and/or fine provided in division (B) above. Any defect in the method of rendering notice required by § 91.33, or in the form thereof, shall not prevent the town, in any case where the work of removing the offending matter from any premises or lot is actually done by the town, from collecting the cost thereof from the owner, nor shall it affect the validity of the lien on such premises or lot for such costs.
(Prior Code, § 8-7)
(3) The second violation within 90 days from the first violation shall subject the offender to a civil penalty of $100.
(4) The third and any additional subsequent violations within 90 days from the first violation shall subject the offender to a civil penalty of $200.
(5) Civil penalties assessed pursuant to this section that remain unpaid for over 30 days may be recovered by the town in an action in the nature of debt. The town may also seek appropriate injunctive.
(6) In addition, second and subsequent violations by the same offender from the same source shall constitute a Class 3 misdemeanor and shall be fined not more than $500.
(7) The town may use any one, or any combination of available remedies provided by law to address violations of the chapter.
(Prior Code, § 8-26)
(E) Any person violating § 91.61 shall be liable to the town for a penalty of $100, and failure to pay such penalty within ten days shall, in addition to the penalty stated above, constitute a misdemeanor subjecting such person to fine or imprisonment as provided for in state laws.
(Prior Code, § 12-23)
(F) Any person, firm, or corporation violating §§ 91.01 through 91.03, 91.15 through 91.19, 91.60, and 91.61 within ten days of duly given notice shall be liable to the town for a penalty of $50 for each day that the offense continues beyond the ten-day period after due notice is given, and failure to pay such penalty within ten days of the final assessment thereof shall, in addition to the penalty stated above, constitute a misdemeanor subjecting such person to fine or imprisonment as provided in G.S. §§ 14-4, 160A-193, and 160A-303.
(Prior Code, § 12-53)
(Ord. passed 10-8-1970; Ord. passed 3-4-1971; Ord. passed 6-17-2004)