Swepsonville Living

Nuisance Ordinace

WHEREAS, the Town Council of the Town of Swepsonville held a public meeting on September 11, 2000 and heard comments from the public to consider the adoption of a nuisance ordinance; and

WHEREAS, all residents of the Town of Swepsonville were given an opportunity to be heard; and

WHEREAS, it is the purpose of this ordinance to promote the health, safety, morals and general welfare of the residents of the Town of Swepsonville through the regulation of this ordinance.

NOW, THEREFORE, be it ordained by the Town Council of the Town of Swepsonville:

1. It shall be unlawful for the owner or occupant of any lot or parcel of land in the Town of Swepsonville to permit to exist on any such lot or parcel of land any condition which may be declared to be noxious, detrimental to health or to constitute a nuisance.

2. The existence of any of the following conditions on any lot or parcel of land in the Town is hereby declared to be noxious, detrimental to health and to constitute a nuisance and to be violative of the provisions of this ordinance:

(a) Any growth of weeds or other vegetation to a height of one and one-half feet, or any rank vegetable growth which exhales unpleasant and noxious odors, or which may conceal filthy deposits, or harbor insects or any offensive matter or thing, whether the same be upon occupied or vacant premises.

(b) Any accumulation of animal or vegetable matter that is offensive by virtue of strong odors or vapors or by the inhabitants therein of rats, mice, snakes or vermin of any kind.

(c) Any condition found to be detrimental to the health of the Town or any of its inhabitants or which is in violation or any of the rules and regulations of the Town Council.

3. Notice of Violation.    When any public nuisance as enumerated in this ordinance is found to exist on any property within the Town, the Town shall notify the owner or occupant of the premises where the nuisance is located that conditions exist which constitute a public nuisance and unless the condition is abated within fifteen (15) days from the mailing of the notice which shall be sent by registered mail, return receipt requested, the conditions constituting a nuisance will be abated and the costs of abatement shall constitute a lien against the premises in accordance with the other provisions of this ordinance. If any such lot is owned by more than one person, the notice may be mailed to any person having any estate or interest in the lot and such service shall be deemed a sufficient compliance with this section. If any such lot is owned by a corporation, the notice may be mailed to any local officer or agent of the corporation. If said notice is not accepted or received by the owner as provided herein, posting "Notice of Violation" on said property shall constitute notice.

4. Abatement by Town.    Upon the failure of the owner or person in possession of any premises upon which a nuisance exists to abate the same within the time allowed, it shall be the duty of the Town to abate such nuisance.

5. Effect of Defect in Notice.    Any defect in the method of giving the notice of violation, or in the form thereof, or the giving of such notice to an improper person, shall not prevent the Town, in any case where the work of abatement of any nuisance from any lot is actually done by the Town, from collecting the cost thereof from the owner, nor shall it affect the validity of the lien on the lot for such cost.

6. Abatement Without Notice.    If any nuisance is in such a dangerous condition as to admit of no delay in its abatement, the Town may, without notice, proceed to abate the same and the costs thereof shall be charged against the lot owner as is provided by this ordinance.

7. Payment of Costs.    Upon completion of the abatement of any nuisance by the Town under the provisions of this ordinance, the Town shall deliver a statement including the costs of labor, hauling and other necessary items of expense for such abatement to the owner of the lot in the form of a bill covering the costs as provided in North Carolina General Statute § 160A-193. The amount of the bill shall become a lien upon said property if not paid within thirty (30) days shall be collected in the same manner as provided for the collection of delinquent taxes.

8. Criminal Action, Other Civil Remedies.    The abatement of any nuisance in accordance with the procedures described by this ordinance shall not prevent the Town of proceeding in a criminal action against any person violating the conditions of this chapter. The violation of this ordinance may be subject to abatement summarily by appropriate injunction issued by a court of competent jurisdiction.

9. This ordinance shall become effective on September 11, 2000.