§ 16-34. Notice to abate; summary abatement; chronic violator.

(a)

When any condition in violation of this article is found to exist, the code enforcement officer, or such persons as may be designated by the city manager, shall give notice to the owner of the premises to abate or remove such conditions no later than ten days after the service of such notice. The 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 days, the city may proceed to correct the same as authorized by this article. Service of such notice shall be by any one of the following methods:

(1)

By delivery to any owner personally or by leaving a copy of the notice at the usual place of abode of the owner with some person of suitable age and discretion then residing therein.

(2)

By mailing a copy of the notice addressed to the owner as shown on the most recent Lee County Tax Administration records by regular mail with postage prepaid thereon.

(3)

By posting a copy of the notice in a conspicuous place on the premises on which the violation exists. This method may also be used when notice served by method (2) is returned undelivered.

(4)

By mailing a copy of the notice by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises on which the violation exists.

(5)

If the name or whereabouts of the owner of the property cannot be discovered through the exercise of due diligence, then a summary of the notice shall be published one time in a newspaper of general jurisdiction in the city. At the same time the notice is published, a copy of the notice shall be posted on the premises on which the violation exists.

Service of such notice as set forth in this subsection shall be deemed complete upon personal delivery to the owner or suitable person, upon deposit of the notice enclosed in a postage prepaid, properly addressed wrapper in a post office or official depository under the care of the United States Postal Service, or when posted on the premises on which the violation exists.

(b)

The code enforcement officer may, in certain cases, declare a violation to be an imminent hazard and summarily abate the nuisance without notice as provided for in G.S. 160A-193.

(c)

The city may notify a chronic violator of the city's public nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the city shall, without further notice in the calendar year in which notice is given, immediately take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by registered or certified mail. When service is attempted by registered or certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the regular mail is not returned by the post office within ten days after the mailing. If service by regular mail is used, a copy of the notice shall be posted in a conspicuous place on the premises affected. A chronic violator is a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three times under any provision of the public nuisance ordinance.

(Ord. No. 2015-35, § 1, 5-19-2015)

Editor's note

Ord. No. 2015-35, § 1, adopted May 19, 2015, repealed the former §§ 16-34 and 16-35, and enacted new §§ 16-34—16-36 as set out herein. The §§ 16-34 and 16-35 pertained to notice to abate and penalties; additional remedies, respectively and derived from Ord. No. 1995-17, §§ 97.17, 97.18, adopted May 2, 1995; and Ord. No. 2014-35, adopted July 15, 2014.