TOWN OF MAGGIE VALLEY

ORDINANCE 400

AN ORDINANCE

REGARDING PUBLIC HEALTH AND PUBLIC SAFETY NUISANCES

 

 

WHEREAS, the Town may encounter situations where Town staff believes that the public health or public safety is at risk; and

 

WHEREAS, the North Carolina General Statutes expressly grant the Town authority to deal with public health and public safety nuisances in Chapter 160A-193.

 

 

NOW THEREFORE BE IT HEREBY ORDAINED BY THE TOWN BOARD OF ALDERMEN OF MAGGIE VALLEY, NORTH CAROLINA THAT:

 

 

Section 1: The Town of Maggie Valley shall have authority to summarily remove, abate, or remedy everything in the city limits, or within one mile thereof, that is dangerous or prejudicial to the public health or public safety. Pursuant to this section, the Town of Maggie Valley Board of Aldermen may order the removal of a swimming pool and its appurtenances upon a finding that the swimming pool or its appurtenances is dangerous or prejudicial to public health or safety. The expense of the action shall be paid by the person in default. If the expense is not paid, it is a lien on the land or premises where the nuisance occurred. A lien established pursuant to this subsection shall have the same priority and be collected as unpaid ad valorem taxes.

 

Section 2: The expense of the action is also a lien on any other real property owned by the person in default within the city limits or within one mile of the city limits, except for the person's primary residence. A lien established pursuant to this subsection is inferior to all prior liens and shall be collected as a money judgment. This subsection shall not apply if the person in default can show that the nuisance was created solely by the actions of another.

 

Section 3: This ordinance shall become effective immediately upon adoption.

 

 

 

Date: _________________________           Mayor: _________________________

 

 

 

Attest: ________________________

                        Town Clerk