AMENDING CHAPTER 83
AN ORDINANCE AMENDING CHAPTER 83, WEEDS, GRASS, AND REFUSE
OF THE CODE OF ORDINANCES OF THE TOWN OF DENTON

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BE IT ORDAINED by the Town Council of the Town of Denton, North Carolina, that the Code of Ordinances of the Town of Denton be ammended as follows:

Part 1. That Chapter 83, Weeds, Grass, and Refuse is hereby renamed and rewritten in its entirety to read as follows:

“CHAPTER 83, PUBLIC NUISANCES

Section 83-1 Declaration Of Public Nuisance.

The following enumerated and described conditions, or any combination thereof, are hereby found, deemed, and declared to constitute a detriment, danger and hazard to the 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 more than eighteen (18) inches above the surrounding ground provided that the following shall not be considered to be a 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 or of 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 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 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 inhabitance 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 icebox, refrigerator, stove, washer, dryer, other “white goods,” glass, building materials, building rubbish or similar items.
   
   
8. 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 Manager or his designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises.
   
   
9. Any condition which blocks, hinders, or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains, to the extent that the premises is not free from standing water.

Nuisance vehicle: A vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be:

(a) A breeding ground or harbor for mosquitoes, other insects, rats or other pests; or

(b) A point of heavy growth of weeds or other noxious vegetation which exceeds eight (8) inches in height; or

(c) In a condition allowing the collection of pools or ponds of water; or

(d) A concentration of quantities of gasoline, oil, or other flammable or explosive materials as evidenced by odor; or

(e) An area of confinement which cannot be operated from the inside, such as, but not limited to, trunks or hoods; or

(f) So situated or located that there is a danger of it falling or turning over; or

(g) A collection of garbage, food waste, animal waste, or any other rotten or putrescent matter of any kind; or

(h) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass;

11. Any condition detrimental to the public health which violates the rules and regulations of the County Health Departments.

Section 83-2 Complaint; Investigation of Public Nuisance.

       When any condition in violation of this chapter is found to exist, the Housing Inspector or such persons as may be designated by the Town Manager, or the Town Manager, himself, shall give notice to the owner of the premises to abate or remove such conditions within ten (10) days. Such notice shall be in writing, shall include a description of the premises sufficient for identification and shall set forth the violation and state that, if the violation is not corrected within ten (10) days, the Town may proceed to correct the same as authorized by this Chapter. Service of such notice shall be by any one of the following methods.

1. 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 sixteen (16) years and a member of the family of the owner.

2. By depositing the notice in the United States Post Office addressed to the owner at this last known address with postage prepaid thereon.

3. By posting and keeping posted for ten (10) 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 method (1) and (2).

Section 83-3 Abatement Procedure

       If the owner of any property fails to comply with a notice given pursuant to this Chapter within ten (10) days after the service of such notice, he shall be subject to prosecution for violation of this ordinance in accordance with law and each day that such failure continues shall be a separate offense. In addition, the Town Manager may have the condition described in the notice abated, removed or otherwise corrected and all expenses incurred thereby shall be chargeable to and paid by the owner of the property and shall be collected as taxes and levies are collected. All such expenses shall constitute a lien against the property on which the work was done.

Section 83-4 Procedure Is Alternative

       Nothing in this Chapter nor any of its provisions shall be construed to impair or limit in any way the power of the Town to define and declare nuisances and to cause their removal or abatement by summary proceedings, or otherwise nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws. In addition to the remedies provided for herein, any violation of the terms of this Chapter shall subject the violator to the penalties and remedies, either criminal or civil or both, as set forth in Section 10-99 of the Code of the Town of Denton.”

Part 2. All ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

Part 3. This Ordinance shall become effective upon its adoption by the Town Council of the Town of Denton, North Carolina.

ADOPTED this the 5th day of March, 2001.