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(A) It shall be unlawful for any person to maintain any nuisance on his or her property or the property of another which he or she occupies. This section shall be construed to include any person or persons who cause or allow another to violate any of the provisions of this section.
(B) It shall be unlawful for any person, firm, partnership, association, corporation, or any other type association to permit any privy or stable to be located so near any ditch, drain, or stream so as to pollute such ditch, drain, or stream. This section shall be construed to include any person or persons, any type business association, or corporation that allows, permits, causes, or procures any person to do any of the acts prohibited by this section.
(Prior Code, § 94.01) Penalty, see § 94.99
The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:
(A) The uncontrolled growth of noxious weeds or grass to a height in excess of 12 inches causing or threatening to cause a hazard detrimental to the public health or safety;
(B) 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; and/or
(C) 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.
(Prior Code, § 94.02) Penalty, see § 94.99
(Prior Code, § 94.03)
Upon a determination that such conditions constituting a public nuisance exist, the town shall notify, in writing, the owner, occupant, or person in possession of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within ten days from the receipt of such written notice.
(Prior Code, § 94.04)
If any person, having been ordered to abate such a public nuisance, fails, neglects, or refuses to abate or remove the condition constituting the nuisance within ten days from receipt of the order, the town shall cause the condition to be removed or otherwise remedied by having employees of the town or other designated persons to go upon said premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the town. Any person who has been ordered to abate a public nuisance may, within the time allowed by this subchapter, request the town in writing to remove such condition, the cost of which shall be paid by the person making such request.
(Prior Code, § 94.05)
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.
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