TOWN OF MAGGIE VALLEY
ORDINANCE 398
ARTICLE II; NUISANCES
Definition. The term “solid wastes” as used in this ordinance shall be construed to include all useless, unwanted or discarded nongaseous and non-liquid material resulting from domestic, industrial, commercial or community activities.
The existence of an accumulation of solid wastes on any lot or parcel of land within the corporate limits, uncovered or enclosed or under circumstances otherwise resulting in or threatening to cause any of the following conditions is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a nuisance;
(a) A fire hazard;
(b) Accumulation of stagnant water;
(c) Inhabitation therein of rats or other vermin of any kind;
(d) Substantial risk of injury to minors or other persons, such as but not limited to
open storage or accumulation of any abandoned refrigerator or other appliance,
glass, building materials or similar items;
(e) The collection of garbage, food waste, animal waste or any other rotten or
putrescible matter of any kind in an open space;
(f) The accumulation of rubbish, trash, junk or combustible items, causing or
threatening to cause the accumulation of stagnant water or causing or
threatening to cause the inhabitance therein of mosquitoes, harmful insects,
rats, mice, snakes or vermin of any kind;
(g) The obstruction of public streets, highways or alleys;
(h) The accumulation of yard waste, dead trees, fallen trees, sections of tree trunks,
tree limbs or tree stumps not removed within thirty (30) days after it has
acquired a situs on the property. This shall not apply to accumulations of less
than two (2) cubic yards or to natural accumulations on vacant parcels of land
when such parcels are larger than two (2) acres and such natural accumulation
is not within 50 feet of any property line of adjoining developed propert;
(i) Conditions that block, hinder or obstruct in any way the natural flow of
branches, streams, creeks, surface waters, ditches or drains;
(j) Any activity that causes or allows grass clippings or similar material to blow,
scatter or be placed upon any public street or sidewalk. In the event that grass
cutting or similar activity causes aforesaid material to accumulate upon a
public street or sidewalk, the person(s) responsible shall remove said material
immediately after completing grass cutting or similar activities;
(k) Emission or effluence of noxious or offensive particulate matter, dust, sludge,
or other materials or substances which tend to pollute or contaminate land,
water or air, rendering or tending to render it injurious to human health,
habitation or welfare, to animal or plant life or to property; provided that
this subsection shall be construed consistent with and supplementary to, and
not in conflict with, applicable State and Federal laws and regulations; and
(l) Any condition detrimental to the public health which violates State or Federal
law, or the rules and regulations of the Haywood County Health Department.
The Building Inspector, upon notice from any person of the possible existence
of any of the conditions described in Section 2A-2, shall cause to be made by the
appropriate Haywood County Health Department Official, or Building Inspector, such
investigation as may be necessary to determine whether conditions exist which may
constitute a public nuisance as declared in Section 2A-2.
the Town Manager, or his assignee, shall notify, in writing, the owner and lessee or occupied 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 the owner, or lessee or occupier, 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 receipt of said order, the Town Manager, or his assignee, may cause said condition to be removed or otherwise remedied by having employees of the Town of Maggie Valley to go upon said premises and remove or otherwise abate, such nuisance under the supervision of an appropriate officer or employee. Any person who has been ordered to abate a public nuisance may within the time allowed by this ordinance request the Town of Maggie Valley in writing to remove such condition, the cost of which shall be paid by the person making such request.
The total costs incurred by the Town of Maggie Valley 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 thirty (30) days from the receipt thereof. In any case in which
such costs are imposed under the provisions of this ordinance, the Town Manager, or his assignee, shall properly certify to the Tax Collector, in writing, the nature of the work and date performed, the name of the property owner, the address of the property, materials, investigation of ownership and violation, inspection, etc.
Disposal of Removed Items. In the event 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 this ordinance, such charges shall become a lien collected as unpaid taxes,
together with any legal expenses including attorneys fees, as provided in G.S. 160A-193.
Section 2A-8
The procedure set forth in this ordinance shall be in addition to any other remedies
that may now or hereafter exist under law for the abatement of public nuisances and this
ordinance shall not prevent the institution of criminal charges against any person, firm or
corporation violating the provisions of this ordinance.
Section 2A-9
In addition to other available remedies, this ordinance may be enforced by an
appropriate equitable remedy issuing from a court of competent jurisdiction and applied
for the Town of Maggie Valley as provided in G.S. 160A-175(d).
Section 2A-10
Also, in addition to other available remedies, any violation of the provisions of
this ordinance may subject the offender to a civil penalty in an amount up to $50.00 per
day, which may be recovered by the Town of Maggie Valley in a civil action in the
nature of dept if the offender does not pay the penalty within thirty (30) days after he
has been citied by the Town Manager, or his assignee, for violation, as provided in
G.S. ş 160A-175(c).
Section 2A-11
This ordinance shall be in full force and effect upon and after the date of its
Adoption this the 20 day of September, 2005
________________________________
Mayor Jo Pinter
ATTEST:
________________________________
Vickie Best, CMC
Town Clerk