§ 94.03 INVESTIGATION TO DETERMINE EXISTENCE OF PUBLIC NUISANCE.

   The town, upon knowledge of a complaint from any person of the existence of any of the conditions described in § 94.02, shall make such investigation as may be necessary to determine whether, in fact, such conditions exist as to constitute a public nuisance as declared in § 94.02.

(Prior Code, § 94.03)

§ 94.04 ORDER TO ABATE PUBLIC NUISANCE.

   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)

§ 94.05 FAILURE TO ABATE PUBLIC NUISANCE; ABATEMENT BY TOWN.

   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)

§ 94.06 COST OF ABATEMENT.

   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.

§ 94.07 FAILURE TO PAY CHARGES; LIEN CREATED.

   (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.