§ 34-3. Weeds, grass and the like.

(a)

Unlawful conditions. The following enumerated and described conditions, or any combination thereof, are hereby found, deemed and declared to constitute a detriment, danger and hazard to health, safety, morals and general welfare of the inhabitants of the town and are found, deemed and declared to be public nuisances wherever the conditions may exist and the creation, maintenance or failure to abate any nuisances is hereby declared unlawful:

(1)

Any weeds or other vegetation having an overall height of 12 inches above the surrounding ground, provided that the following shall not be considered to be 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;

(2)

Any accumulation of trash and/or garbage which is the result of the absence of or overflowing or improperly closed trash or garbage containers;

(3)

Accumulation in an open place of hazardous or toxic materials and chemicals;

(4)

An open place of 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 or objects of a like nature;

(5)

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 of any kind which is or may be dangerous or prejudicial to the public health;

(6)

Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitancy therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health;

(7)

The open storage of any discarded ice box, furniture, refrigerator, stove, glass, building materials, building rubbish or similar items;

(8)

Any condition detrimental to the public health, which violates the rules and regulations of the county health department;

(9)

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 town commissioners or their designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises; and

(10)

Any excavation, embankment or fill on private property that is or has become a nuisance, public health hazard, endangers property and/or adversely affects the safety, use or stability of a public way or drainage channel.

(b)

Notice to owner.

(1)

When any condition in violation of this section is found to exist, the code enforcement officer or the person as may be designated by the town commissioners, shall issue a warning citation to the owner of the premises to abate or remove the condition within ten days.

(2)

The notice shall be in writing, include a description of the premises sufficient for identification, set forth the violation, and state that, if the violation is not corrected within ten days, the town may proceed to correct the same as authorized by this section.

(3)

Service of the notice shall be by any one of the following methods:

a.

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;

b.

By depositing the notice in the United States Post Office addressed to the owner at his last-known address with postage prepaid thereon; and

c.

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 subsections (b)(3)a and (b)(3)b of this section.

(c)

Failure to comply.

(1)

If the owner of any property fails to comply with the notice given pursuant to this section, within ten days after the service of the notice, he shall be subject to a civil penalty in the amount of $100.00 and each day that the failure continues shall be a separate offense.

(2)

In addition to the civil penalty set forth in subsection (c)(1) of this section, the code enforcement officer may have the condition described in the notice summarily abated, removed or otherwise corrected if the condition is dangerous or prejudicial to the public health or public safety. All expenses incurred thereby shall be chargeable to and paid by the owner of the property. If the expense is not paid, it is a lien on the land or premises where the nuisance occurred and the lien shall have the same priority and be collected as unpaid ad valorem taxes. Unpaid expenses may also become a lien and collected on other property owned by the person in default in accordance with G.S. 160A-193(b). Nothing contained in this section precludes the town from enforcing this section through a court-ordered injunction or order of abatement in accordance with G.S. 160A-175.

(3)

The town may notify chronic violators of this section that, if the violator's property is found to be in violation of such provision, the town shall, without further notice in the calendar year in which the notice is given, take action to remedy the violation and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes as set forth in subsection (c)(2) of this section. The initial annual notice shall be served by registered or certified mail. A chronic violator is a person who owns property whereupon, in the previous calendar year, the municipality took remedial action at least three times under this section.

(Prior Code, § 20-101; Code 2015, § 91.03; Ord. of 3-13-1978; Ord. of 10-24-1988; Ord. of 12-29-1988; Ord. of 6-14-1993; Ord. of 1-10-1994; Ord. of 9-10-2001; Ord. of 8-10-2004; Ord. of 8-14-2012)