(A) The Code Enforcement Officer is hereby given full power and authority to enter upon the premises involved for the purpose of abating any nuisance found to exist as set out in this chapter.
(B) Within the 15-day period mentioned in § 92.04, the owner of the property where the nuisance exists may appeal the findings of the enforcement officer made pursuant to this chapter to the Board of Adjustment by giving written notice of appeal to the enforcement officer, the appeal to stay the abatement of the nuisances by the enforcement officer until a final determination by the Board of Adjustment. In the event no appeal is taken, the enforcement officer may proceed to remedy the violation or charge penalty.
(C) The Board of Adjustment, in the event an appeal is taken as provided in division (B) above, may, after hearing all interested persons and reviewing the findings of the enforcement officer, reverse the finding made pursuant to this chapter, but if the Board of Adjustment shall determine that the findings of the enforcement officer made pursuant to the section are correct and proper, it shall declare the condition existing on the property to be a danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and a public nuisance, and directing the enforcement officer to cause the conditions to be remedied or penalized.
(1979 Code, § F-3-5)
(D) The Code Enforcement Officer may choose one of three methods to correct a violation: criminal penalty, injunction, or abatement. Not more than one method may be utilized per pending case file. After a violation comes into compliance, the Officer may choose a different method of enforcement for a subsequent violation.
(1) Criminal penalty. Any person, firm or corporation violating any of the provisions of this chapter, or failing or neglecting or refusing to comply with same, shall, upon conviction be guilty of a Class 3 misdemeanor and subject to a fine not to exceed $50 or imprisonment not to exceed 30 days, and each day that any of the provisions of this code of ordinances are violated shall constitute a separate offense.
(2) Injunction. The town may obtain a court order to stop illegal activity on site.
(3) Abatement. When a property owner fails to abate a nuisance within a given amount of time, the town may abate the nuisance. After the abatement of any nuisance as provided in this chapter, the cost of the abatement shall be a charge against the owner and a lien on the premises upon confirmation of the cost thereof by the Town Council, which confirmation shall take place only after ten days’ written notice to the owner of the premises where the nuisance existed of the proposed confirmation. Upon confirmation, the cost of abatement shall be a lien against the premises from which the nuisance was abated, the same to be recorded as provided in G.S. §§ 160A-193 et seq., and to be collected as unpaid taxes.
(1979 Code, § F-3-6)
(4) Chronic violation. An owner of real property whereupon, in the previous calendar year, the village gave notice of violation at least two times during the previous calendar year to abate a nuisance pursuant to this chapter, shall be deemed a chronic violator. In accordance with G.S. § 160A-200.1, a chronic violator as defined herein shall be notified by the Village Manager and/or their designee(s) if property owned by the chronic violator is determined to be in violation of this chapter, and the village may take action to remedy the violation without further notice during the calendar year in which annual notice is given and the expense of such action including any administrative fees shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice required herein shall be served by registered or certified mail and shall be complete upon delivery or deposit of the notice along with the appropriate fees under the care of the United States Postal Service.
(Ord. passed 5-5-2014; Ord. 92.05(D)(4), passed 11-6-2023)