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The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of such lot or parcel of land, and it shall be the duty of the town 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 hand delivery thereof or by depositing a copy of said statement in a properly addressed, post-paid wrapper in a Post Office or other depository under the exclusive custody of the United States Postal Service.
(A) In the event charges for the removal or abatement of a public nuisance are not paid within 30 days from the hand delivery of a statement of charges as provided for in § 94.06, or the depositing a copy of said statement in a properly addressed, post-paid wrapper in a Post Office or other depository under the exclusive custody of the United States Postal Service, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid ad valorem taxes, as provided in G.S. § 160A-193.
(B) The expense of the action is also a lien on any other real property owned by the person in default within the city limits or within one mile of the city limits, except for the person’s primary residence. A lien established pursuant to this division (B) is inferior to all prior liens and shall be collected as a money judgment. This division (B) shall not apply if the person in default can show that the nuisance was created solely by the actions of another.
The procedure set forth in this subchapter shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances and this subchapter shall not prevent the town from proceeding in a criminal action against any person, firm, or corporation violating the provisions of this subchapter as provided in G.S. § 14-4.
(Prior Code, § 94.08)
WEEDS
(A) It shall be unlawful for any owner, lessee, or occupant, or any representative or employee of such owner, lessee, or occupant, having control of any property within the town, to allow or maintain thereon any growing weeds, vines, bushes, undergrowth, or other wild vegetation, or any trash, wreckage, or other debris of a noxious or unsightly nature, other than such is incidental during the period reasonably necessary for the destruction or construction of a building.
(B) If any person shall violate any of the provisions of this section and shall, after notice from the town, fail to correct the same within the time given in such notice, then the town may, through its employees and agents, enter upon the premises and correct the violation, and the cost and expense thereof, in addition to any criminal penalty imposed, shall, upon demand, be paid by the owner, lessee, occupant, or agent, or it shall become a lien against the property. Provided, that if the owner and his or her address is known, he or she shall be sent a copy of the notice of violation by regular mail. Otherwise, such notice to the owner is not required.
(Prior Code, § 94.20) Penalty, see § 94.99
PREMISES AND LITTER CONTROL
It shall be unlawful for any person to scatter, cast, throw, blow, place, sweep, or deposit anywhere within the town any litter or plant material in such a manner that it may be carried or deposited upon the right-of-way of any street maintained by the town as shown on the most recent Powell Fund map, or any road or highway maintained by the State Department of Transportation, such areas being hereby referred to as “roadways.” Further, it shall be unlawful for any person to scatter, cast, throw, blow, place, sweep, or deposit any such litter or plant material anywhere within the town on any roadway, storm sewer, sidewalk, lot, or premises, where there exists the possibility for such vegetative waste to be blown, washed, or otherwise deposited in any roadway, storm sewer, sidewalk, lot, or premises. Any unauthorized accumulation of such litter off the premises of the owner of the property adjacent thereto is hereby declared to be a public nuisance and is prohibited.
(Ord. passed - -) Penalty, see § 94.99
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