The Code Enforcement Officer is responsible for the identification and enforcement of noxious weeds, junk; etc. that consitute a public nuisance or are dangerous and prejudicial to the public health and safety. The following is an excerpt from Chapter 10-Article II. Weeds, Junk; Etc. of the Town of Carolina Beach's Code of Ordinances:
Article II. Weeds, Junk; Etc.
Sec. 10-21. Nuisances declared; enumeration.
The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:
(1)The uncontrolled growth of noxious weeds or grass to a height in excess of twelve (12) inches causing or threatening to cause a hazard detrimental to the public health or safety, including fallen trees and tree damage caused by storms;
(2)Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes, or vermin of any kind which are or may be dangerous or prejudicial to the public health.
(3)Any accumulation of 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 inhabitance therein of rats, mice, snakes, or vermin of any kind which are or may be dangerous or prejudicial to the public health;
(4)Any condition detrimental to the public health which violates the rules and regulations of the county health department.
(Code 1977, § 8-4001; Ord. No. 84-156, 9-20-84; Ord. No. 85-173, 5-27-85)
Sec. 10-22. Complaint; investigation.
The chief inspector, upon notice from any person of the existence of any of the conditions described in Section 10-21, shall cause to be made by the appropriate county health department official, or town official, such investigation as may be necessary to determine whether in fact such conditions exist as to constitute a public nuisance as declared in such section.
(Code 1977, 8-4002; Ord. No. 85-173, 5-27-85)
Sec. 10-23. Notice to abate.
Upon a determination that such conditions constituting a public nuisance exist, the code enforcement officer shall notify, in writing, the owner, occupant, or person in possession of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within fifteen (15) days from the receipt of such written notice. If said premises becomes a public nuisance a second time within the next twelve (12) months, the owner, occupant or person in possession of the premises shall have only seven (7) days from receipt of a notice within which to abate the nuisance. For all subsequent times within the same twelve (12) months, the abatement time shall be within forty-eight (48) hours of the notice to abate.
(Code 1977, § 8-4003; Ord. No. 06-636, 5-9-06)
Sec. 10-24. Abatement by town—Upon failure of owner.
(a) If any person, having been ordered to abate such a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance within fifteen (15) days from receipts of said order, the chief inspector or his designee shall cause said condition to be removed or otherwise remedied by having employees of the town or other designated persons to go upon said premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the town manager.
(b) Any person who has been ordered to abate a public nuisance may within such fifteen-day period request the town in writing to remove such condition, the cost of which shall be paid by the person making such request.
(Code 1977, § 8-4004; Ord. No. 85-173, 5-27-85)
Sec. 10-25. Same—Costs charged to owner.
The actual cost incurred by the town in removing or otherwise remedying a public nuisance shall be charged to the owner of such lot or parcel of land and it shall be the duty of the finance department to mail a statement of such charges to the owner or other person in possession of such premises with instructions that such charges are due and payable within thirty (30) days from the receipt thereof. In addition to the actual contract cost, there shall be added an administrative overhead fee, such fee shall be determined by the town manger.
(Code 1977, § 8-4005; Ord. No. 85-173, 5-27-85)
Sec. 10-26. Same—Unpaid charges become a lien.
If charges for the removal or abatement of a public nuisance are not paid within thirty (30) days after the receipt of a statement of charges as provided for in Section 10-25, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. Section 160A-193.
(Code 1977, § 8-4006)
Sec. 10-27. Additional remedies.
The procedure set forth in this article shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances, and this article shall not prevent the town from issuing a civil citation and proceeding under Section 1-6 of this Code or proceeding in a criminal action against any person violating the provisions of this article as provided in G.S. § 14-4 or both, or from taking any actions or invoking any remedy, sanction, enforcement mechanism or procedure set forth in any other provisions of the Code or the town's Zoning Ordinance or as otherwise allowed by law.
(Code 1977, § 8-4007; Ord. No. 86-207, 5-22-86; Ord. No. 10-815A, 2-9-10)