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(A) Upon the appeal of a nuisance finding by the Department, the Surry County Board of Commissioners at its next regular meeting shall receive evidence including:
(1) The written report prepared by the Ordinance Enforcement Officer;
(2) Testimony from the Ordinance Enforcement Officer, Director or other witness;
(3) Expert testimony, if available;
(4) Photographic evidence, if relevant; and
(5) Testimony and documentary evidence from the owner or occupant, if offered.
(B) The Board shall deliberate to determine whether the described condition is dangerous or prejudicial to public health or safety. If the Board, following receipt of testimony and documentary evidence, determines by the greater weight of the evidence that conditions described are dangerous or prejudicial to public health and safety of those in close proximity, the Board shall enter an order that the County take all necessary action to remove, abate or remedy those conditions found at hearing to be dangerous or prejudicial to the public health or safety pursuant to G.S. § 153A-140. The County's action shall take place following expiration of the appellant's right to appeal.
(C) The expense of the action to remove, abate or remedy shall be paid by the person in default, occupant and/or owner, and if not paid within a reasonable time, not to exceed 60 days, shall be a lien upon the land of the premises where the nuisance arose, and shall be collected as unpaid taxes.
(Ord. passed 10-18-2021)
(A) Any time within five days of the Board's order finding that conditions on the owner/occupant's premises are dangerous or prejudicial to the public health or safety and an order for removal, abatement or remedy has issued, the owner/occupant may appeal for a writ of certiorari to the General Court of Justice with written notice of appeal mailed by first class mail to the Clerk to the Board at P.O. Box 1467, Dobson, NC 27017. The appeal may be delivered to the Board's Clerk at 114 W. Atkins Street, Dobson, NC 27017.
(B) Upon appeal to the General Court of Justice, the Clerk to the Board shall cause to be produced a record of the Board's hearing in the form of a transcription together with each and every exhibit considered by the Board in its deliberation. Said record shall be delivered to the Clerk of Superior Court and a copy shall be provided to appellant.
(Ord. passed 10-18-2021)
(A) Misdemeanor. Any person who violates this chapter, or who permits a violation to exist on the premises under his/her control, or fails to take action to abate the existence of the violation(s) within the specified time period when ordered or notified to do so by Department, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. Each day of a violation constitutes a separate offense.
(B) Civil remedies. In the event of a violation or threat of violation of this chapter, the County Attorney may take appropriate action to enforce this chapter, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct or abate such violations or threatened violations. The County Attorney enforcing provisions of this chapter may seek costs and expenditures, including staff time and attorneys' fees.
(C) Citations. When the Department issues a violation of this chapter, a citation may be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent expressly or impliedly authorized to accept such service.
(Ord. passed 10-18-2021)