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§ 92.42 REDEMPTION AND ADOPTION OF IMPOUNDED ANIMALS.
   (A)   The owner shall be entitled to resume possession of his or her animal, except as already provided for certain animals, upon compliance with the provisions of this chapter and the payment of shelter fees incurred. The shelter fees shall be as follows:
      (1)   Redemption by owner                           $25
      (2)   Redemption by owner (second offense in one-year period)            $50
      (3)   Redemption by owner (three plus offenses in one- year period, per offense)   $100
      (4)   Adoption fee                              $25
   (B)   If two or more violations occur within one year, the owner redemption fee shall increase by as outlined above. In addition to the other fees set out herein, a boarding fee at the rate of $5 per day must be paid before dogs may be redeemed.
   (C)   If the dog or cat has not been vaccinated against rabies, the owner will be given a proof of rabies vaccination card at the time of the redemption or adoption. This card will be stamped with a date stating the maximum time limit allowed to take the dog or cat to the veterinarian of his or her choice for rabies vaccination. Time limit for dogs or cats four months and older will be 48 hours, with Sundays and holidays excluded. For puppies and kittens under four months, the time limit would vary according to their age.
   (D)   The card will be completed and returned to the animal shelter by the owner. If this card is not returned to the animal shelter within the time limit, an Animal Control Officer will be dispatched to retrieve the dog or cat and the owner can be cited for violation of state law.
   (E)   There will be a $20 deposit for all animals adopted from the shelter. This deposit will be returned once the proof of vaccination card and the proof of sterilization card has been returned. The sterilization card must be returned within 30 days if the animal is six months of age or older.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
§ 92.43 OTHER FEES.
   (A)   To pick up puppies or kittens:      $25
      (1)   Owner may bring puppies or kittens to the shelter at no charge.
      (2)   No charge to pick up stray puppies or kittens, but must pick up mother also.
   (B)   To answer injured animal call:   $25
      (1)   Owner must pay fee to officer upon arrival.
      (2)   No charge to answer call on injured stray animal.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
§ 92.44 INTERFERENCE.
   It shall be unlawful for any person to interfere with, hinder or molest the Animal Control Division or its agents, or Animal Control Officers or veterinarians, in the performance of any duty authorized by this chapter, or seek to release any animal in the custody of said agents except as herein provided.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15) Penalty, see § 92.99
§ 92.45 RECORDS.
   It shall be the duty of the Animal Control Division to keep, or cause to be kept, accurate and detailed records of:
   (A)   Impoundment and disposition of all animals coming into the animal shelter;
   (B)   Bite cases, violations and complaints investigations;
   (C)   All monies belonging to the county which were derived from impoundment fees, penalties and sales of animals;
   (D)   All other records deemed necessary by the County Manager.
(Ord. passed 4-5-93; Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
§ 92.99 PENALTY.
   The following is a list of fines for violations of this chapter:
   (A)   Violations up to $ 150:
      (1)   Dogs and cats must         § 92.15
         wear collar and rabies tag
      (2)   Possession of dogs and cats      § 92.16
      (3)   Noisy dogs            § 92.19
      (4)   Public nuisance         § 92.28
      (5)   Injuring animals; Notice      § 92.20
         required
      (6)   Manner of keeping and      § 92.22
         treating animals generally
      (7)   Maintenance of premises      § 92.23
      (8)   Noise               § 92.27
   (B)   Violations up to $250:
      (1)   Rabies vaccination and      § 92.17
         control
      (2)   Potentially dangerous         § 92.18
         or dangerous animals
      (3)   Cruel treatment         § 92.21
      (4)   Hogs               § 92.24
      (5)   Protection of birds,         § 92.26
         nest; Shooting and trapping
         permit
      (6)   Interference            § 92.44
   (C)   For which no other penalty is provided, or failing, neglecting or refusing to comply with this chapter is punishable as provided in § 10.99.
(Am. Ord. passed 3-11-13; Am. Ord. passed 3-9-15)
CHAPTER 93: NUISANCES, UNLAWFUL CONDITIONS ON PRIVATE PROPERTY
Section
General Provisions
   93.01   Administration
   93.02   Declaration of public nuisance
   93.03   Complaint; investigation of public nuisance
   93.04   Summary abatement procedure
   93.05   Procedure is alternative
Noise
   93.20   Unnecessary noise generally
   93.21   Noises expressly prohibited
   93.22   Unnecessary spinning of tires
GENERAL PROVISIONS
§ 93.01 ADMINISTRATION.
   For the purpose of this chapter, the term “nuisance” shall mean or refer to any condition or any use of property or any act or omission affecting the condition or use of property which threatens or is likely to threaten the safety of the public; adversely affects the general health, happiness, security or welfare of others; or, is detrimental to the rights of others to the full use of their own property and their own comfort, happiness and emotional stability because of decreased property values and the unsightliness and decreased livability of neighborhoods.
(Ord. passed 10-17-17)
§ 93.02 DECLARATION OF PUBLIC NUISANCE.
   The following enumerated and described conditions, or any combination thereof, are hereby found, deemed, and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the city. The following list is not exclusive; other conditions not enumerated below may meet the definition of nuisance found in § 93.01. They are hereby found, deemed and declared to be public nuisances wherever the conditions may exist within the corporate limits as now or hereafter established. The creation, maintenance or failure to abate any nuisances is hereby declared unlawful:
   (A)   Any weeds or other vegetation having an overall height of more than twelve inches above the surrounding ground provided that the following shall not be considered to be a part of this condition: trees and ornamental shrubs; cultured plants; natural vegetation on undeveloped property that is not a threat to the character of surrounding properties; and flowers and growing and producing vegetable plants. It shall be the duty of every person occupying, owning or having control of property abutting on a street or highway that utilizes a portion of the unused street or highway right-of-way as a yard or any other use to maintain said right-of-way in the same character and manner as the abutting use.
   (B)   Any accumulation of trash, garbage, food waste and other trash which is the result of the absence of, or overflowing of, or improperly closed trash or garbage containers, that attracts or is likely to attract mice and rats, flies and mosquitoes or other pests.
   (C)   An open or unsecured storage or collection place for chemicals, acids, oils, gasoline, flammable or combustible materials or flammable or combustible liquids, poisonous materials or other similar harmful or dangerous substances, gasses or vapors.
   (D)   An open place, collection, storage place or concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags, or any other combustible materials collection.
   (E)   An open storage place for old worn out, broken or discarded machinery, car parts, junk, tire rims, furniture, stoves, refrigerators, appliances, cans and containers, household goods, plumbing or electrical fixtures, old rusty metal, fencing materials or other similar materials.
   (F)   Any accumulation of garbage, 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, mosquitoes, or vermin prejudicial to the public health.
   (G)   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.
   (H)   The open storage of any discarded ice box, furniture, refrigerator, stove, glass, building materials, building rubbish or similar items. The use of carports, open porches, decks, open garages and other outdoor areas that are visible from the street as a storage or collection place for boxes, appliances, furniture (not typical outdoor or yard furniture), tools, equipment, junk, garbage, old worn out broken or discarded machinery and equipment, cans, containers, household goods or other similar condition that increase the likelihood of a fire; may conceal dangerous conditions; may be a breeding place or habitat for mice, rats or other pests; or, create an unattractive condition or visually blighted property
   (I)   A collection place for lumber, bricks, blocks, nails, building hardware, roofing materials, scaffolding, masonry materials, electrical supplies or materials, plumbing supplies or materials, heating and air conditioning supplies or materials or any other type of old or unusable building supplies (especially those with nails, staples or sharp objects and edges) unless such conditions are temporary in nature and caused by a current construction project in progress pursuant to a lawfully issued building permit.
   (J)   Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the Code Administrator or his designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises.
   (K)   The placement, storage or use of upholstered sofas, couches, chairs or other indoor type furniture, appliances, seats removed from motor vehicles or other furniture not intended for outdoor use by the manufacturer, use on any open porch, carport, stoop, deck, veranda, terrace, patio or other outdoor area that is visible from nearby streets and sidewalks.
   (L)   A collection place, pool or pond of stagnant or foul water or persistent dampness caused by overflowing septic tanks, manmade dams, open ditches, overflowing pipes, foundation trenches or other impoundments of any kind.
   (M)   Barns or farm animal pens, pastures or enclosures for farm animals which are not kept sanitary and clean or otherwise become a collection place for animal waste and which because of the conditions associated therewith attract rats, mice, flies or other pests or emit foul odors that can be detected or noticed on adjacent properties or are otherwise not kept in a sanitary condition. For the purposes of this section, “farm animals” has the same definition as that found in G.S. § 160A-203.1, Limitations on standards of care for farm animals.
   (N)   Dog lots, pens, pet enclosures of all kinds, outdoor areas where dogs or other pets are chained or kept or areas where dogs, cats and pets are permitted to roam which become a collection place for dog, cat or pet waste and excrement and which attract flies or other pests, emit foul odors which can be detected or noticed on adjacent property or are not kept in a sanitary condition.
   (O)   A collection place for sewage and sewage drainage or the seepage from septic tanks, broken or malfunctioning plumbing and sewer pipes or any other seepage of dangerous, hazardous or poisonous liquids.
   (P)   A collection place for tree limbs, dried brush, dead vegetation, stumps or other decayed wood and materials or other similar rubbish.
   (Q)   Any discharge into or polluting of any stream, creek, river or other body of water or the discharge of any dangerous substance or any other material likely to harm the water or any vegetation, fish or wildlife in or along the water or the storage of such harmful materials and substances in a manner so that it is likely that such streams, creeks, rivers or other bodies of water will become polluted or adversely affected in any manner.
   (R)   Any condition which blocks, hinders, or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains, to the extent that the premises is not free from standing water.
   (S)   Any conditions or use of property, which results in the emission of pollutants and particles into the atmosphere or causes noxious odors, vapors and stenches to be discharged into the air.
   (T)   Nuisance vehicle. See Chapter 94 for the definition and procedures for abating nuisance vehicles.
   (U)   Any condition detrimental to the public health which violates the rules and regulations of the County Health Departments.
(Ord. passed 10-17-17)
§ 93.03 COMPLAINT; INVESTIGATION OF PUBLIC NUISANCE.
   (A)   When any condition in violation of this section is found to exist, the Code Administrator or such persons as may be designated by the City Manager shall give notice to the owner of the premises to abate or remove such conditions within ten days. Such notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, if the violation is not corrected within ten days, the city may proceed to correct the same as authorized by this section. Service of such notice shall be by any one of the following methods.
      (1)   By delivery to any owner personally or by leaving the notice at the usual place of abode of the owner with a person who is over the age of 16 years and a member of the family of the owner.
      (2)   By depositing the notice in the United States Post Office addressed to the owner at his last known address with regular mail postage prepaid thereon.
      (3)   By posting and keeping posted, for ten days, a copy of the notice, in placard form, in a conspicuous place on the premises on which the violation exists, when notice cannot be served by method (1) and (2).
   (B)   The city may notify a chronic violator of the city's public nuisance ordinance that, if the violator's property is found to be in violation of this chapter, the city shall, without further notice in the calendar year in which notice is given, take action to remedy the violation. The notice shall be sent by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected. A chronic violator is a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three times under any provision of the public nuisance ordinance. The expense abating the chronic nuisance shall become a lien upon the property and shall be collected as unpaid taxes.
   (C)   Orders of the Code Administrator requiring the demolition of structures shall only be issued following the procedures of Chapters 151 or 152.
(Ord. passed 10-17-17)
§ 93.04 SUMMARY ABATEMENT PROCEDURE.
   If the owner of any property fails to comply with a notice given pursuant to this chapter, within ten (10) days after the service of such notice under §§ 93.03(A)(1) or (3), or within 13 days under § 93.03(A)(2), the owner shall be subject to prosecution for violation of this chapter in accordance with law and each day that such failure continues shall be a separate offense. In addition, the city may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as a property tax. All such expenses are a lien against the real property on which the work was completed. In all violations of § 93.02(A), an administrative fee of $100 will be assessed and charged to the owner of the real property. In the case of one or more violations of § 93.02(A) through (T), an hourly administrative fee will be added to the cost of abatement. The hourly rate will be established by the City Council.
(Ord. passed 10-17-17)
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