§ 97.09 NOTICE AND ORDER TO ABATE NUISANCE.
   (A)   For purposes of this subchapter, the respondent is the person in possession of the property where a public nuisance (as described in § 97.06) is located, as well as the owner of such property, if different from the former.
   (B)   Upon determination by the Town Manager or his or her designee (herein “Manager”) that there exists on any property conditions constituting a public nuisance (as described in § 97.06), the Manager shall notify the respondent in writing sent by certified mail return receipt requested or by commercial delivery service such as FedEx of such conditions and shall order the abatement thereof within 15 days of the date of such notice or within 45 days as identified in § 97.08(C). If after due diligence the respondent’s correct address cannot be determined, then the required notice shall published once in a newspaper qualified for legal advertising and circulated in New Hanover County and shall be posted conspicuously on the offending property. The notice shall order the abatement of the nuisance within 15 days of the publication of the notice.
   (C)   Upon determination by the Manager that there exists on the public right-of-way conditions constituting a severe nuisance, the Manager shall notify the owner of the abutting property of such conditions and shall order the abatement thereof within 24 hours of such notice. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed by first class mail to his or her last known address unless he or she or his or her agent receives this notice in person.
(Ord. 1710, passed 5-9-13; Am. Ord. 1810, passed 9-10-20; Am. Ord. 1846, passed 6-22-23) Penalty, see § 97.99