CHAPTER 6: HEALTH, SANITATION AND NUISANCES

Transcription

1 CHAPTER 6: HEALTH, SANITATION AND NUISANCES Article I. IN GENERAL II. NUISANCES III. ENFORCEMENT 1

2 2 Eden - Health, Sanitation and Nuisances

3 ARTICLE I: IN GENERAL Section 6-1 Disposal of human waste in approved sanitary facility 6-2 Burials to be permitted within cemeteries only Cross-reference: Watershed public health regulations, see Chapter 17, Article IV 6-1 DISPOSAL OF HUMAN WASTE IN APPROVED SANITARY FACILITY. It shall be unlawful for any person to urinate or deposit any human waste on any street, lot or premises except in an approved sanitary facility. ('89 Code, 6-1) Penalty, see et seq. 6-2 BURIALS TO BE PERMITTED WITHIN CEMETERIES ONLY. It shall be unlawful for any person to bury any deceased human being or animal on any lot or premises within the city except within a cemetery and in accordance with all applicable state and local laws and regulations. ('89 Code, 6-2) Penalty, see et seq. 3

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5 ARTICLE II: NUISANCES Section ARTICLE II: NUISANCES Division 1 Generally [Reserved] Division 2 Weeds, Wild Growth, Rubbish 6-36 Purpose 6-37 Conditions constituting public nuisances 6-38 Enforcement authority 6-39 Notice of findings and order of abatement 6-40 City may proceed with criminal action 6-41 Appeal Administration Definitions Enforcement Creation of lien Division 3 Nuisance Vehicles Division 4 Regulating Abandoned and Junked Vehicles Administration Definitions Vehicles exempt from section Abandonment of vehicle prohibited Keeping on private property prohibited without consent of the owner, lessee or occupant of the premises Removal from private property at request of owner, occupant or lessee Removal of abandoned or junked motor vehicles; pre-towing notice requirements Exceptions to prior notice requirement Removal of vehicles; post-towing notice requirements Right to probable cause hearing before sale or final disposition of vehicle Redemption of vehicle during proceedings Schedule of towing fees 2002 S-3 5

6 6 Eden - Health, Sanitation and Nuisances Schedule of storage fees Collection of fees Creation of liens; enforcement Additional remedies available Division 5 Removal and Disposition of Junked Motor Vehicles Administration Definitions Junked motor vehicles regulated; removal authorized Removal of junked motor vehicles; pre-towing notice requirements Removal of vehicles; post-towing notice requirements Right to probable cause hearing before sale or final disposition of vehicle Redemption of vehicle during proceedings Schedule of towing fees Schedule of storage fees Collection of fees Creation of liens; enforcement Vehicles exempt from sections Additional remedies available 6-96 Unreasonably loud noises prohibited 6-97 Acts declared to be in violation Division 6 Noise DIVISION 1 GENERALLY [Reserved] DIVISION 2 WEEDS, WILD GROWTH, RUBBISH 6-36 PURPOSE. Pursuant to authority granted by G.S. 160A-174 and 160A-193, the City Council enacts the following provisions in order to define, prohibit, regulate, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the ordinance making jurisdiction of the city and define and abate nuisances. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) 2003 S-4

7 Nuisances CONDITIONS CONSTITUTING PUBLIC NUISANCES. It is hereby found that there are within the corporate limits of the city the following enumerated and described conditions and the same are hereby found, deemed and declared to constitute public nuisances wherever the conditions may exist and the creation, maintenance, or failure to abate such public nuisances is hereby declared unlawful. (A) The uncontrolled growth of noxious weeds, noxious weeds and grass or noxious weeds and other vegetation to a height in excess of 12 inches on the entire parcel of any property that is or has been developed except any portion of the property that has been proven to be in use for any current, permitted agricultural operation. (B) The 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. (C) The collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind in an open space. (D) 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 mosquitos, harmful insects, rats, mice, snakes or vermin of any kind. (E) The open storage of any ice box, refrigerator, stove, water heater, freezer, other similar large appliances, glass, scrap building materials, building rubbish, debris or similar items. (F) The obstruction of public streets, highways or alleys. (G) The accumulation of dead trees, fallen 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 cubic yards or to natural accumulations on never developed parcels of land when such parcels are larger than two (2) acres and such natural accumulation is not within fifty (50) feet of adjoining developed property. (H) Conditions which block, hinder, or obstruct in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains. Conditions that cause obstructions in stream channels or the floodways of streams that may impede the passage of water during rain events whether such obstructions are natural or man-made. The actions of the city to abate these obstructions shall not create nor increase the responsibility of the city for the cleaning or maintenance of the stream, or for flooding of the stream. In addition, actions by the city to clear obstructions from a stream shall not create in the city any ownership in the stream, obligation to control the stream, or affect any otherwise existing private property right, or entitlement regarding the stream. (Ord amended ) 2009 S-10

8 8 Eden - Health, Sanitation and Nuisances (I) Swimming pools that cause or threaten to cause the accumulation of stagnant water or cause or threaten to cause the inhabitancy therein of mosquitoes, harmful insects, rates, mice, snakes or vermin. (J) Conditions that injure or cause discomfort to the community at large, endanger life, generate disease, have a detrimental effect on the public health, safety and welfare. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) 6-38 ENFORCEMENT AUTHORITY. It shall be the duty of the Planning and Inspections Department to enforce all of the provisions of this article unless otherwise specified by the ordinance, and to make all necessary inspections necessary to determine whether or not the provisions of this article are being met. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) 6-39 NOTICE OF FINDINGS AND ORDER OF ABATEMENT. (A) If the Director of the Planning and Inspections Department finds that conditions constituting a public nuisance exist on a parcel of real property, the Director shall issue a written notice of findings and an order of abatement to the owner of the property and any other party in interest which shall: (1) Set out what conditions the Director has found existing on such property that constitute a public nuisance; and (2) Which shall order the abatement of such conditions within 15 days of the date of the notice of findings and order of abatement. When the term owner is used in this division, owner shall include the owner and any party having a legal or equitable interest in such property. (B) The owner of the subject property shall be notified by personal service of the notice or by registered or certified mail, return receipt requested. If such owner cannot be personally served or refuses to accept the notice by registered mail of the violation, then the notice shall be posted on the property in a conspicuous place and visible from the public street, highway or alley. If the name of the owner cannot be ascertained then the notice shall be served on any person in possession of the subject property, or if there is no person in possession of the property, by posting the notice on the subject property. If any such property is owned by a corporation, the notice shall be served upon the registered agent or, in the absence thereof, notice shall be served upon the corporation. (C) Any notice required to be posted may be posted by any authorized representative of the Planning and Inspections Department or by any officer of the city. (D) If the owner, having been ordered to abate such a public nuisance, fails, neglects, or refuses to abate or remove the condition constituting the nuisance within 15 days from the date of said order, the Director shall cause said condition to be removed or otherwise remedied by having employees of the city or private contractor to go upon said premises and remove or otherwise abate such nuisance under

9 Nuisances 9 the supervision of an officer or employee designated by the Director. Any person who has been ordered to abate a public nuisance may within the time allowed by this section request the city in writing to remove such condition, the cost of which shall be paid by the person making such request. (E) Upon the completion of such removal and abatement, the Director of the Community Planning and Inspections Department or his or her designee, shall deliver to the city tax collector a statement showing the actual cost of the abatement of the unlawful condition, according to the fee schedule adopted by city council. The city tax collector shall thereupon mail to the owner of the subject property a bill covering the cost and the amount of the bill shall become a lien upon the subject property and, if not paid within thirty 30 days shall be collected as in the same manner provided for the collection of delinquent taxes. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) ANNUAL NOTICE TO CHRONIC VIOLATORS OF PUBLIC NUISANCE OR OVERGROWN VEGETATION (A) In accordance with Section 160A of the North Carolina General Statutes, a 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, 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. (B) 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 10 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. (C) A city may also give notice to a chronic violator of the city s overgrown vegetation ordinance in accordance with this section. (D) For purposes of this section, 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. ( , s 1; , s.1; , s.1(b) Am. Ordinance passed ) 6-40 CITY MAY PROCEED WITH CRIMINAL ACTION. The procedure set forth in this division shall be in addition to any other remedies that exist under law for the abatement of public nuisances, and this division shall not prevent the city from proceeding in a criminal action against any person violating the provisions of this division as provided in G.S (Ord. passed ; Am. Ord. passed ) 2016 S-38

10 10 Eden - Health, Sanitation and Nuisances 6-41 APPEAL. Within the 15-day period mentioned in 6-39(A), the owner of the property or other party in interest where the nuisance exists may appeal the finding and order of abatement to the City Council by giving written notice of appeal to the City Clerk and such appeal shall stay the abatement of nuisances by the city until a final determination by the City Council is made. If no appeal is taken, the city may proceed to abate the nuisance. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) RESERVED S-10

11 Nuisances 11 DIVISION 3 NUISANCE VEHICLES ADMINISTRATION. The Planning and Inspections Department shall be responsible for the removal, abatement or remedy of nuisance vehicles. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) DEFINITIONS. (A) A NUISANCE VEHICLE is a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful by the City Council. (B) A vehicle is determined and declared to be a health or safety hazard, a public nuisance, and unlawful if such vehicle is: (1) A breeding ground or harbor for mosquitoes, other insects, rats, snakes or other pests; or or (2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; (3) A point of collection of pools or ponds of water; or (4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor or other evidence; or (5) One which has areas of confinement which cannot be operated from the inside of such area, such as trunks, hoods, etc.; or (6) So situated or located that there is a danger of it falling or turning over; or (7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind; or (8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass S-3

12 12 Eden - Health, Sanitation and Nuisances ENFORCEMENT. (A) The Planning and Inspections Department shall notify the owner of the premises upon which a nuisance vehicle is found that the owner of said premises is in violation of this division. (B) The Planning and Inspections Department shall notify such owner by certified mail, registered mail or by personal services as by law provided, which notification shall be in writing and shall contain: (1) A brief statement of why the vehicle is a nuisance, citing the appropriate subsection or subsections of this division. (2) A statement that the keeping of such vehicle on the owner's premises is unlawful. (3) A request that the owner of the premises voluntarily remove, abate or remedy the nuisance within 30 days of the mailing or service of the notice. (4) A statement advising the owner that if the nuisance vehicle is not removed, abated or remedied, the city will take appropriate legal action to remove, abate or remedy the nuisance and that the expense of such action shall be paid by the owner of the premises, and if not paid, the expense shall be a lien upon the premises. (C) If the owner of the premises fails to voluntarily remove, abate or remedy the nuisance within the 30-day period provided for in subsection A., the Planning and Inspections Department shall conduct a hearing to determine if the owner of the premises should be ordered to remove, abate or remedy the nuisance and shall give the owner of the premises written notice of hearing by certified mail, registered mail or personal service as by law provided, which notice of hearing shall be in writing and shall contain: (1) A brief statement describing the vehicle and stating why it is a nuisance vehicle including a citation of the appropriate subsection or subsections of this division together with a brief description of the premises upon which it is located. (2) A statement that a hearing will be held before the Planning and Inspections Department at a designated place, date and time which date shall be not less than 15 days or more than 30 days from the date of the mailing or service of the notice of hearing. (3) A statement that the owner has a right to appear at the hearing, be represented by counsel and offer evidence in the enforcement proceeding. (D) Within five days of the conclusion of the hearing by the Planning and Inspections Department the Department shall enter a written order in the enforcement proceeding which order shall either: 2007 S-11 (1) Contain a finding that the vehicle is not a nuisance vehicle; or

13 Nuisances 13 (2) Order the owner to remove, abate or remedy the nuisance within 30 days following the date of the service of the order upon the owner by certified mail, registered mail or personal service as by law provided. (E) In the event the owner fails to remove, abate or remedy the nuisance as ordered, the Planning and Inspections Department shall notify the City Council of the owner's failure or refusal to comply with the order to remove, abate or remedy said nuisance. (F) Upon receipt of the Planning and Inspection Department's notice that an owner has failed to remove, abate or remedy a nuisance vehicle, the City Council may direct that any appropriate legal action or proceeding be initiated to remove, abate or remedy the nuisance. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) CREATION OF LIEN. In the event the city takes action to remove, abate or remedy the nuisance, the expense of the action shall be paid by the person in default in failing to remove, abate or remedy the nuisance, and, if not paid, the said expenses shall be a lien upon the land or premises where the nuisance occurred and shall be collected as unpaid taxes. DIVISION 4 REGULATING ABANDONED AND JUNKED VEHICLES ADMINISTRATION. (A) The Police Department shall be responsible for the administration and enforcement of the removal and disposition of abandoned and junked motor vehicles located on public streets or highways. (B) The Planning and Inspections Department shall be responsible for the administration and enforcement of the removal and disposition of abandoned and junked motor vehicles located on any other property owned or operated by the city or on private property. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) DEFINITIONS. The following words, terms and phrases, when used in this division, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning: ABANDONED MOTOR VEHICLE. A motor vehicle that: (1) Has been left upon a public street or highway in violation of a law or ordinance prohibiting parking; or 2007 S-11

14 14 Eden - Health, Sanitation and Nuisances (2) Is left on property owned or operated by the city for longer than 24 hours; or (3) Is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or (4) Is left on any public street or highway for longer than seven days. JUNKED MOTOR VEHICLE. An abandoned motor vehicle that also: (1) Is partially dismantled or wrecked; or (2) Cannot be self-propelled or moved in the manner in which it was originally intended to move; or (3) Is more than five years old and worth less than $500; or (4) Does not display a current license plate. MOTOR VEHICLE. All machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle. UPON A STREET OR HIGHWAY. The period of time when any portion of a vehicle is touching or projecting over or upon any traveled or dedicated portion of any street or highway. (G.S. 160A-303) (Ord. passed ; Am. Ord. passed ) Editor s note: This section has been revised pursuant to statutory amendment of G.S. 160A-303, with specific reference to the City of Eden VEHICLES EXEMPT FROM SECTION. Nothing in this section shall be construed to apply to: (A) Any vehicle in an enclosed building; (B) Any vehicle on the premises of a business enterprise being operated in a lawful place and manner when the vehicle is necessary to the operation of such business enterprise; or (C) Any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city S-12

15 Nuisances ABANDONMENT OF VEHICLE PROHIBITED. It shall be unlawful for a person to abandon a motor vehicle on the public streets or on public or private property within the ordinance making jurisdiction of the city. Any junked or abandoned vehicle found to be in violation of this section may be removed to a storage garage or area. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) Penalty, see et seq KEEPING ON PRIVATE PROPERTY PROHIBITED WITHOUT CONSENT OF THE OWNER, LESSEE OR OCCUPANT OF THE PREMISES. It shall be unlawful for any person to keep a junked or abandoned vehicle on private property within the city without the consent of the owner, lessee or occupant of the premises. Penalty, see et seq REMOVAL FROM PRIVATE PROPERTY AT REQUEST OF OWNER, OCCUPANT OR LESSEE. (A) Any junked or abandoned motor vehicle found to be in violation of may be removed to a storage garage or area, but no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises unless the Planning and Inspections Department has declared such vehicle to be a health or safety hazard. (B) Any person requesting the removal of a junked or abandoned motor vehicle from private property shall indemnify the city against any loss, expense, or liability incurred because of the removal, storage, or sale thereof. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) REMOVAL OF ABANDONED OR JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE REQUIREMENTS. (A) Except as set forth in below, an abandoned or junked vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the city on a specified date (no sooner than seven days after the notice is affixed). The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.

16 16 Eden - Health, Sanitation and Nuisances (B) With respect to abandoned vehicles on private property and junked motor vehicles to which prior notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is an abandoned or junked motor vehicle, such appeal shall be made to the City Council in writing, heard at the next regularly scheduled meeting of the City Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. The determination of the City Council may be appealed. The appeal shall be made within ten days of the determination by the City Council and shall be to the District Court of Rockingham County EXCEPTIONS TO PRIOR NOTICE REQUIREMENT. The requirement that notice be given prior to the removal of an abandoned or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice include: (A) Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the City Council hereby determines that immediate removal of such vehicles may be warranted when they are: (1) Obstructing traffic, (2) Parked in violation of an ordinance prohibiting or restricting parking, (3) Parked in a no-stopping or standing zone, (4) Parked in loading zones, (5) Parked in bus zones, or (6) Parked in violation of temporary parking restrictions imposed under code sections. (B) Other abandoned vehicles. With respect to abandoned vehicles left on city-owned property other than the streets and highways, and on private property, such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress and egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard, and vehicles causing damage to public or private property.

17 Nuisances REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS. (A) Any abandoned or junked motor vehicle which has been ordered removed may, as directed by the city, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the city. Whenever such a vehicle is removed, the authorizing city official shall immediately notify the last known registered owner of the vehicle, such notice to include the following: (1) The description of the removed vehicle; (2) The location where the vehicle is stored; (3) The violation with which the owner is charged, if any; (4) The procedure the owner must follow to request a probable cause hearing on the removal. (B) The city shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in divisions (1) through (4) above, shall also be mailed to the registered owner's last known address, unless this notice is waived in writing by the vehicle owner or his agent. (C) If the vehicle is registered in North Carolina, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal of this vehicle. (D) Whenever an abandoned or junked vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing city official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsections (1) through (4) above RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE. After the removal of an abandoned vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the chief of district court judge to receive such hearing requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S , as amended. Any aggrieved party may appeal the magistrate's decision to district court.

18 18 Eden - Health, Sanitation and Nuisances REDEMPTION OF VEHICLE DURING PROCEEDINGS. At any stage in the proceedings, including before the probable cause hearing the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges with the city. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this division SCHEDULE OF TOWING FEES. The fees for towing shall be as set out in the schedule of towing fees, a copy of which shall be maintained by the City Clerk and by the Planning and Inspections Department. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) SCHEDULE OF STORAGE FEES. The fees for storage shall be as set out in the schedule of storage fees, a copy of which shall be maintained by the City Clerk and by the Planning and Inspections Department. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) COLLECTION OF FEES. The city shall be responsible for collecting towing and storage fees for a vehicle found to be in violation of this division CREATION OF LIENS; ENFORCEMENT. (A) The towing and storage charges provided for in and shall be a lien upon the vehicle. (B) The charges for which the lien is claimed under this section may be enforced by a sale of the vehicle if the owner fails to claim the vehicle and pay the charges within 30 days following the expiration of the time within which an appeal could have been taken or within 30 days following a final determination of the matter on appeal whichever date occurs first. If the lien is enforced by a sale of the vehicle, the procedure shall be as provided by G.S. 44A-4, 44A-5 and 44A-6 where the property upon which the lien is claimed is a motor vehicle, provided that if no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the lien, the vehicle may be destroyed.

19 Nuisances ADDITIONAL REMEDIES AVAILABLE. In addition to the enforcement procedures provided for in this division, the city may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation of this division. DIVISION 5 REMOVAL AND DISPOSITION OF JUNKED MOTOR VEHICLES ADMINISTRATION. The Planning and Inspections Department shall be responsible for the administration and enforcement of this section. The city may contract with private tow truck operators or towing businesses to remove to a designated storage garage or area junked motor vehicles in compliance with this section and applicable state laws. Nothing in this section shall be construed to limit the legal authority or powers of the Planning and Inspections Department, officers of the Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) DEFINITIONS. For purpose of this section, certain words and terms are defined as herein indicated: AUTHORIZING OFFICIAL. The Director of the Planning and Inspections Department, or his designee, is designated to authorize the removal of vehicles under the provisions of this section. JUNKED MOTOR VEHICLE. As authorized and defined in G.S. 160A the term JUNKED MOTOR VEHICLE means a vehicle that does not display a current license plate lawfully upon that vehicle and that: (1) Is partially dismantled or wrecked; or (2) Cannot be self-propelled or moved in the manner in which it originally was intended to move; or (3) Is more than five years old and appears to be worth less than $500. MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) Editor s note: This section has been revised pursuant to statutory amendment of G.S. 160A-303.2, with specific reference to the City of Eden S-11

20 20 Eden - Health, Sanitation and Nuisances JUNKED MOTOR VEHICLES REGULATED; REMOVAL AUTHORIZED. (A) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed. (B) It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section. (C) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section. (D) Subject to the provisions of subsection (E), upon investigation, the Planning and Inspections Department may order the removal of a junked motor vehicle as defined in this section after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the owner or person entitled to possession against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered: (1) Protection of property values; (2) Promotion of tourism and other economic development opportunities; (3) Indirect protection of public health and safety; (4) Preservation of the character and integrity of the community; and (5) Promotion of the comfort, happiness and emotional stability of area residents. (E) Permitted concealment of enclosure of junked motor vehicle: (1) One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the city's zoning ordinance if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. (2) The Planning and Inspections Department has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering or enclosure must be compatible with the objectives stated in the preamble of the ordinance of (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed )

21 Nuisances REMOVAL OF JUNKED MOTOR VEHICLES; PRE-TOWING NOTICE REQUIREMENTS. (A) A junked vehicle which is to be removed pursuant to shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. If the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the city on a specified date (no sooner than seven days after the notice is affixed. The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than seven days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time. (B) If the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is a junked motor vehicle, such appeal shall be made to the City Council in writing, heard at the next regularly scheduled meeting of the City Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided. The determination of the City Council may be appealed. The appeal shall be made within ten days of the determination by the City Council and shall be to the District Court of Rockingham County REMOVAL OF VEHICLES; POST-TOWING NOTICE REQUIREMENTS. (A) Any junked motor vehicle which has been ordered removed may, as directed by the city, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the city. Whenever such a vehicle is removed, the authorizing city official shall immediately notify the last known registered owner of the vehicle, such notice to include the following: (1) The description of the removed vehicle; (2) The location where the vehicle is stored; (3) The violation with which the owner is charged, if any; (4) The procedure the owner must follow to request a probable cause hearing on the removal. (B) The city shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in subsections (1) through (4) above, shall also be mailed to the registered owner's last known address, unless this notice is waived in writing by the vehicle owner or his agent.

22 22 Eden - Health, Sanitation and Nuisances (C) If the vehicle is registered in North Carolina, notice shall be given within 24 hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within 72 hours from the removal of this vehicle. (D) Whenever an abandoned or junked vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing city official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in subsections (1) through (4) above RIGHT TO PROBABLE CAUSE HEARING BEFORE SALE OR FINAL DISPOSITION OF VEHICLE. After the removal of an abandoned vehicle or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the Chief of District Court Judge to receive such hearing requests. The magistrate will set the hearing within 72 hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S , as amended. Any aggrieved party may appeal the magistrate's decision to district court REDEMPTION OF VEHICLE DURING PROCEEDINGS. At any stage in the proceedings, including before the probable cause hearing the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of such fees and charges with the city. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this division SCHEDULE OF TOWING FEES. The fees for towing shall be set out in the schedule of towing fees, a copy of which shall be maintained by the City Clerk and the Planning and Inspections Department. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed ) SCHEDULE OF STORAGE FEES. The fees for storage shall be as set out in the schedule of storage fees, a copy of which shall be maintained by the City Clerk and by the Planning and Inspections Department. (Ord. passed ; Am. Ord. passed ; Am. Ord. passed ; Am. Ord. passed )

23 Nuisances COLLECTION OF FEES. The city shall be responsible for collecting towing and storage fees for a vehicle found to be in violation of this division CREATION OF LIENS; ENFORCEMENT. (A) The towing and storage charges provided for in and shall be a lien upon the vehicle. (B) The charges for which the lien is claimed under this section may be enforced by a sale of the vehicle if the owner fails to claim the vehicle and pay the charges within 30 days following the expiration of the time within which an appeal could have been taken or within 30 days following a final determination of the matter on appeal whichever date occurs first. If the lien is enforced by a sale of the vehicle, the procedure shall be as provided by G.S. 44A-4, 44A-5 and 44A-6 where the property upon which the lien is claimed is a motor vehicle, provided that if no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the lien, the vehicle may be destroyed VEHICLES EXEMPT FROM SECTIONS. No motor vehicle that is used on a regular basis for business or personal use shall be removed or disposed of pursuant to through ADDITIONAL REMEDIES AVAILABLE. In addition to the enforcement procedures provided for in this division, the city may initiate any appropriate action or proceedings to prevent, restrain, correct or abate the violation of this division. DIVISION 6 NOISE 6-96 UNREASONABLY LOUD NOISES PROHIBITED. It shall be unlawful for any person to create or assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing and unnecessary noise in the city. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited. ('89 Code, 6-96) Penalty, see et seq.

24 24 Eden - Health, Sanitation and Nuisances 6-97 ACTS DECLARED TO BE IN VIOLATION. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive: (A) The sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound, and the sounding of such device for an unnecessary and unreasonable period of time; (B) The use of any gong or siren upon any vehicle other than a police, fire or other emergency vehicle; (C) The use or operation of any piano, whether manual or automatic, phonograph, radio, loudspeaker or any other instrument or sound-amplifying device so loudly as to disturb persons in the vicinity thereof or in such a manner as renders the same a public nuisance; provided, however, that upon application to the Mayor, permits may be granted to responsible organizations to produce programs in music, speeches or general entertainment; (D) The keeping of any animal or bird which by causing frequent or long-continued noise disturbs the comfort and repose of any person in the vicinity; (E) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise; (F) The blowing of steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of danger; (G) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom; (H) The use of any mechanical device operated by compressed air unless the noise created thereby is effectively muffled and reduced; (I) The erection, including excavation, demolition, alteration or repair of any building in a residential or business district other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in the case of urgent necessity in the interest of public safety and then only with a permit from the City Clerk which may be renewed for a period of three days or less while the emergency continues;

25 Nuisances 25 (J) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same are in session or within 150 feet of any hospital which unreasonably interferes with the working of such institution, provided that conspicuous signs are displayed in such streets indicating that it is a school, court or hospital street; (K) The creation of any excessive noise on Sundays on any street adjacent to any church, provided that conspicuous signs are displayed in such street adjacent to churches indicating that it is a church street; (L) The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers; (M) The sounding of any bell or gong attached to any building or premises which disturbs the quiet or repose of persons in the vicinity thereof; (N) The shouting and crying of peddlers, barkers, hawkers and vendors which disturb the quiet and peace of the neighborhood; (O) The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show, sale or display of merchandise; (P) The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes except where specific license is received from the City Council; (Q) The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noise to be emitted therefrom between the hours of 11:00 p.m. and 7:00 a.m.; (R) The firing or discharging of fireworks, squibs, crackers, gunpowder or other combustible substances in the streets or elsewhere for the purpose of making noise or disturbance except by permit from the City Council. ('89 Code, 6-97) Penalty, see et seq. Statutory reference: Authority to regulate noise, see G.S. 160A-184

26 ARTICLE III: ENFORCEMENT Section ARTICLE III: ENFORCEMENT Enforcement General penalty for violation of Chapter Civil penalty; nonexclusive ENFORCEMENT. In addition to any remedies hereinbefore specifically authorized by this chapter, the provisions of this chapter may be enforced by the city by any appropriate legal or equitable remedy authorized by 1-16 of the City Code. (Ord. passed ) GENERAL PENALTY FOR VIOLATION OF CHAPTER 6. The general penalty for violations of Chapter 6 shall be as provided by which penalties shall be nonexclusive. (Ord. passed ) CIVIL PENALTY; NONEXCLUSIVE. Violations of this chapter may also be punished by a civil penalty in the amount of $100 for each violation which penalty shall be enforced as provided by of the City Code which remedy shall be nonexclusive. (Ord. passed ) 26

27 27 Eden - Health, Sanitation and Nuisances