§ 94.61 HEARING.
   (A)   Upon receipt by the Town Clerk or Town Manager of: (1) a written complaint; (2) an oral or anonymous complaint; or (3) observance of circumstances by the Town Clerk or Town Manager that a condition exists that may be dangerous or prejudicial to public health or safety, the notification shall be forwarded to the Town Clerk or Town Manager. The complaint shall identify the property location by street address or parcel identification number, if possible. It shall further include information identifying the nature of the public health or safety nuisance.
   (B)   Request to investigate. The Town Clerk or Town Manager investigates and documents the conditions and formulates a written report including photographs (if relevant), a description of conditions, and a recommendation on whether further action is warranted. The investigation shall begin within 96 hours of receipt of the complaint.
   (C)   No action. If Town Clerk or Town Manager’s recommendation is “no action,” the file will be closed and the complainant will receive written notification of that fact.
   (D)   Further action. If the Town Clerk or Town Manager recommends further action to remove, abate or remedy the dangerous or prejudicial conditions, the Town Manager will schedule an on-site meeting with the Town Clerk to review the conditions.
   (E)   Owner/occupant notification. If the Town Clerks concurs with the Town Manager’s recommendation, the property owner and occupant shall receive: (1) written notice that the conditions on the owner’s and occupant’s property have been determined to be a public health or safety nuisance; and (2) an order to remove, abate or remedy the nuisance.
      (1)   The notice and order shall be mailed by first class mail and by certified mail, return receipt requested, to the property address maintained by the West Jefferson Tax Administrator which is presumed to be the owner’s correct address. Additionally, the occupant shall be personally served with notice and order by an officer authorized to serve a warrant as well as by first class mail addressed to the occupant’s last known address. If the occupant and owner are one and the same, only one notice and order shall be mailed.
      (2)   The notice and order may be posted upon the property in a manner permitted by law.
      (3)   The notice and order shall include the property address by street location and parcel identification number, along with the nature of the public health or safety nuisance existing upon or at the property.
      (4)   The notice and order shall direct the owner or occupant to remove, abate or remedy the health or safety nuisance within a certain date, not to exceed 30 days from the receipt of the notice, unless a shorter time is required due to the Department’s further determination that imminent abatement is necessary to protect public health and safety.
      (5)   The notice shall include the owner’s and occupant’s right of appeal of the town’s finding that a public health or safety nuisance exists on their property.
      (6)   The Town Clerk or Town Manager’s finding that a public health or safety nuisance exists shall be appealable to the West Jefferson Board of Adjustment by owner or occupant upon written notice to the Clerk and to the Board, 1 S. Jefferson Avenue, PO Box 490, West Jefferson, NC 28694 within seven days of notice and order.
(Ord. passed - - ; Ord. passed 3-4-2024)