Town of Maggie Valley
ARTICLE II; NUISANCES
Weeds and Unwanted Vegetation
Between Curb and Sidewalk:
No plantings or other obstruction more than thirty (30) inches high may be made on
the right-of-way between the curb and sidewalk for a distance of 50 feet from the
corners of intersections.
Duty of Owner to Control; Authority of the Town to Remove:
(a) Heavy undergrowths and excessive accumulations of plant growth such as
grass and weeds shall not be permitted to exceed ten (10) inches in height,
whether upon occupied property or vacant lots within the Town or within
one (1) mile of the Corporate limits. Every owner, lessee, occupant or person
in possession of property in the Town or within one (1) mile thereof shall cut
down, within ten (10) inches of the ground, all weeds, grass or other noxious
growth thereon as often as may be necessary and at least twice each year, the
first time not later than June 15th and the second time not later than August 15th
of each year.
(b) If such weeds, grass or other noxious growth are not cut in compliance with this
section, the Town of Maggie Valley, through its agents and employees, shall
proceed to have such weeds, grass or other noxious growth cut out, and the
owner, lessee, occupant or person in possession of the property shall be
responsible to the Town for the cost thereof as provided in G.S. ş 160A-193.
Investigation By Town; When Deemed Public Nuisance:
(a) The Town Manager, or his assignee, upon notice from any person of the
existence of the conditions described in ş 2B-3 (b) , shall make or cause
to be made such investigations as may be necessary to determine whether,
in fact, such conditions constitute a public nuisance.
(b) The uncontrolled growth of noxious weeds and grass, causing or threatening
to cause conditions dangerous and prejudicial to the public health or a
fire hazard dangerous to the public safety, upon any premises or upon any
vacant lot is hereby declared to be a public nuisance.
Notice to Owner to Abate; When Notice Cannot be Given:
(a) Following the investigation provided in ş 2B-3 (a), and upon determination
by the Town Manager, or his assignee, that such conditions constitute a
public nuisance, the Town Manager, or his assignee, shall notify, in writing,
the owner, lessee, occupant or person in possession of the premises in
question of the condition constituting a public nuisance and shall order the
prompt abatement thereof.
(b) In any case in which the Town Manager, or his assignee, is unable to give
written notice to the owner, lessee, occupant or person in possession of the
premises upon which a nuisance exists, whether by reason of inability to
identify the person or to ascertain his address, the Town Manager, or his
assignee, shall give notice by publication in a newspaper of general
circulation which is qualified under G.S. ş 1-597 to publish legal advertisements
in the County. At the same time, the Town Manager, or his assignee, shall
post a copy of such notice at a conspicuous place upon the premises in question.
The ten (10) day period provided in ş 2B-5(a) shall commence to run from
the date of publication, and the cost of such publication shall be included in
the cost of removal of the conditions which constitute the nuisance.
Abatement by Town; Lien:
(a) Any person who, under the provisions of ş 2B-4(a) has been ordered to abate
a public nuisance may, within ten (10) days from receipt of such order, request
the Town Manager, or his assignee, in writing to remove the conditions con-
stituting the nuisance, the costs of such removal to be paid by the person
making the request. If not paid, such costs shall be a lien upon the land and
premises where the nuisance was situated and shall be collected as unpaid
taxes as provided in G.S. ş 160A-193.
(b) If any person who, under the provisions of ş 2B-4(a), has been ordered to
abate a nuisance, fails to do so or fails to request the Town Manager, or his
assignee, to do so, within ten (10) days of receipt of such order, the Town Manager, or his assignee, shall proceed to remove the conditions constituting
the nuisance. The costs of such removal shall be a lien upon the premises
where the nuisance was situated and shall be collected as unpaid taxes as
provided in G. S. ş 160A-193.
Mayor Jo Pinter
Vickie Best, CMC. Town Clerk