§ 16-34. Abatement by town.

(a)

Generally.

(1)

If any person, having been ordered to abate a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of the order given pursuant to section 16-33, the town manager shall cause such condition to be removed or otherwise remedied by having employees of the town or independent contractors go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the town manager. When abating graffiti, in no case shall the town paint or repair any area obscured by graffiti more extensively than where the graffiti itself is located and the town shall not be required to restore the obscured area to its original condition including, but not limited to, color or texture.

(2)

Any person who has been ordered to abate a public nuisance may, within the time allowed by this chapter, request the town in writing to remove such condition, the cost of which shall be paid by the person making such request.

(3)

If a local contractor cannot be obtained after a reasonable effort, the town manager shall be authorized to obtain the services of a contractor outside the immediate local area, and the costs thereof shall be deemed to be reasonable.

(b)

Costs. 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 tax collector 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 30 days from the mailing thereof. If such costs charged in accordance with this section are not paid as stated in this section, the costs shall be a lien upon the land or premises where the nuisance arose and shall be collected as unpaid taxes as provided for in G. S. 160A-193.

(Code 1990, §§ 12-4, 12-5; Ord. No. 07-03-007, § III, 3-7-2007)