Statesville City Zoning Code

The procedure set forth in this article shall be in addition to any other remedies that may exist under law for the abatement of public nuisances, and this article shall not prevent the city from bringing action for a civil penalty as set forth in section 1-7.

(Code 1959, § 10-24; Ord. No. 28-87, 8-3-87)

The existence of any of the following conditions on any vacant lot or other parcel of land within the city is declared to be dangerous, or prejudicial to the public health or safety, or detrimental to the economic well-being of the community, and therefore constitutes a public nuisance:

(1)

The uncontrolled growth of noxious weeds or grass to include, but not be limited to, the following:

a.

The growth of weeds or grass to a height of fifteen (15) inches; or

b.

The growth of vines (such as kudzu, honeysuckle, or similar vines) beyond the banks of a steep incline, in trees or upon other vegetation, or upon buildings; or

c.

The growth of poisonous plaints (poison ivy, poison oak, or related vegetation).

(2)

Any excessive accumulation of animal or vegetable matter. Animal and/or vegetable matter shall be disposed of in a manner suitable for collection by the sanitation division and shall not be allowed to collect in yards, porches, and so forth, except as follows:

a.

Animal and/or vegetable matter may be deposited in a compost pile or treated as compost, provided same is free of rodents and vermin. If rodents or vermin are present, the compost pile shall be constructed in such a manner as to be rodent free or same shall be removed.

b.

Fire wood and/or other usable wood shall be stored in a manner to discourage the harboring of rodents, vermin, and/or wood destroying insects. Upon determination that infestation exists, wood piles shall be so constructed such that wood is stored at least fifteen (15) inches off the ground or same shall be removed from the premises.

(3)

Any excessive accumulation of rubbish, trash or junk. Debris and discarded items shall not be allowed to accumulate within the yard areas or on unenclosed porches. Appliances, upholstered furniture and other items not designated as "patio" or "lawn furniture" shall not be kept on unenclosed porches visible from a public street or in yard areas.

(4)

Conditions which support the breeding of mosquitos shall be eliminated. Any container, flooded area, ditch, stream, or other area having the potential for supporting mosquito breeding shall be treated to prevent same. Such treatment may include:

a.

Filing, draining, removing or otherwise eliminating the breeding source;

b.

Completely emptying the breeding source of all water at the least every four (4) days together with a complete cleaning and drying;

c.

Treating the breeding source with insecticide or larvicide as approved by the representative of the city manager;

d.

Other methods proven to be effective in controlling mosquitos as directed by the representative of the city manager.

(5)

Any accumulation of friable asbestos, hazardous materials, or environmentally unsafe conditions.

(Code 1959, § 10-20; Ord. No. 28-87, 8-3-87; Ord. No. 29-93, 6-7-93; Ord. No. 39-93, 8-2-93; Ord. No. 07-14, 6-2-14; Ord. No. 09-16, 5-2-2016)

(a)

The city manager or his duly appointed agent, upon notice from any person, or upon their own observation, of the existence of any of the conditions described in section 13-2, shall cause to be made by the appropriate city official such investigation as may be necessary to determine whether, in fact, such conditions exist as to constitute a public nuisance as declared in such section.

(b)

Upon a determination that such conditions constituting a public nuisance exist, the city manager or his duly appointed agent shall notify, in writing, the owner, occupant or person in possession of the premises in question of the conditions constituting the public nuisance and shall order the prompt abatement thereof within fifteen (15) days from the receipt of such written notice. Upon consultation with the offending party, the public official shall be allowed to use their discretion and allow a reasonable extension of the time to abate the nuisance.

(c)

After being served a second nuisance warning given for the uncontrolled growth of vegetation, the property owner shall keep the growth on that lot under control for the duration of the growing season without any further warning from the city. If the owner shall fail to keep the growth under control for the remainder of the growing season, the city may mow same or seek other remedies without further warning.

(Code 1959, § 10-21; Ord. No. 28-87, 8-3-87; Ord. No. 29-93, 6-7-93)

(a)

If any person, having been ordered to abate a public nuisance pursuant to this article, fails, neglects or refuses to abate or remove the condition constituting the nuisance within fifteen (15) days from receipt of such order, the city manager or his duly appointed agent shall cause such condition to be removed or otherwise remedied by having employees of the city or a private contractor obtained by the city go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the city manager. Any person who has been ordered to abate a public nuisance may, within the time allowed by this article, request the city, in writing, to remove such condition, the cost of which shall be paid by the person making such request. The city may, at its option, accept such responsibility and enter written agreement with the property owner to abate such nuisance and agree to payment arrangements.

(b)

The actual cost incurred by the city 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 finance director 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. The actual cost incurred, when the owner does not abate the nuisance, shall be established by city council. Such costs may include an administrative expense.

(c)

If 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, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes.

(Code 1959, §§ 10-22, 10-23; Ord. No. 28-87, 8-3-87; Ord. No. 29-93, 6-7-93)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned vehicle means a vehicle that:

(1)

Has been left upon a street or highway in violation of law or ordinance prohibiting parking; or

(2)

Is left on property owned or operated by the city for longer than twenty-four (24) hours without the consent of the city; or

(3)

Is left on private property without the consent of the owner or occupant or lessee thereof for longer than two (2) hours; or

(4)

Is left on any public street or highway for longer than seven (7) days without valid registration or license plate.

Junked motor vehicle means a vehicle that does not display a current license plate 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 (5) years old and appears to be worth less than one hundred dollars ($100.00)

Nuisance vehicle means a junked motor vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, or unlawful, including but not limited to, a vehicle found to be:

(1)

A breeding ground or harbor for mosquitoes, other insects, rats or other pests; or

(2)

A point of heavy growth of weeds or other noxious vegetation over fifteen (15) inches in height; or

(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

(5)

One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, etc.; or

(6)

So situated or located that there is a danger of its falling or turning over; or

(7)

Any other vehicle specifically declared a health and safety hazard and a public nuisance by the city council; or

(8)

So offensive to the sight as to damage the community, neighborhood or area appearance; or

(9)

Used by children in play activities.

(Code 1959, § 13-253; Ord. No. 10-88, 3-21-88)

Cross reference— Definitions and rules of construction generally, § 1-2.

State Law reference— Similar provisions, G.S. § 160A-303(b).

The procedure set forth in this article shall be in addition to any other remedies that may exist under law or ordinance for the abatement of public nuisances. This article shall not prevent the city from bringing action for a civil penalty as set forth in section 1-7, subsection (b).

(Code 1959, § 13-262; Ord. No. 10-88, 3-21-88)

Nothing in this article shall apply to any motor vehicle in an enclosed building, to any motor vehicle kept or stored at a bona fide "automobile graveyard" or "junkyard" as defined in G.S. § 136-143, or to any motor vehicle that is used on a regular basis for business or personal use.

(Code 1959, § 13-261; Ord. No. 10-88, 3-21-88)

Neither the city nor any person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of any nuisance or abandoned, lost or stolen vehicle for disposing of such vehicle as contemplated by this article.

(Code 1959, § 13-260; Ord. No. 10-88, 3-21-88)

State Law reference— Similar provisions, G.S. § 160A-303(f).

(a)

It shall be unlawful for the owner of a motor vehicle or for the owner, lessee, or occupant of the real property upon which the motor vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle. It shall further be unlawful to abandon any vehicle within the city for such time and under such circumstances as to cause such vehicle to appear to have been abandoned.

(b)

Upon investigation, the city manager or his duly appointed agent may determine and declare that a vehicle is a health or safety hazard or a public nuisance and order the vehicle removed subject to review by the city council.

(Code 1959, § 13-254; Ord. No. 10-88, 3-21-88)

(a)

This subsection does not apply to the situation described in subsection (d). A vehicle to be towed or otherwise removed because it has been declared to be a nuisance or abandoned vehicle shall be towed only after notice to the owner or person entitled to possession of the vehicle. If the names and mailing addresses of the owners of the vehicle and the real property upon which it is located can be ascertained in the exercise of reasonable diligence, the notice shall be given to both by first-class mail. The person who mails the notices shall retain a written record to show the names and addresses 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 copy of such notice. The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than seven (7) 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 owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is a nuisance or abandoned 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.

(c)

A nuisance or abandoned vehicle may be removed without giving the minimum seven (7) days' prior notice only in those circumstances where the authorizing official finds, and enters such findings in appropriate records, a special need for prompt action to maintain the public health, safety, and welfare; such finding to indicate a substantial and immediate danger to the public health, safety and welfare unless the vehicle is immediately removed.

(d)

Any vehicle abandoned on or about a street or highway within the city or on city property or right-of-ways may be immediately removed under the direction of a city law enforcement officer or his designee, upon a determination of abandonment, without giving the minimum seven (7) days' prior notice.

(Code 1959, § 13-255; Ord. No. 10-88, 3-21-88)

(a)

Any vehicle which has been determined to be a nuisance or abandoned vehicle may be removed to a storage garage or area of the city or by a towing business contracting to perform such services for the city or by the city itself. Whenever such vehicle is removed, the city manager or his duly appointed agent shall immediately notify the last known registered owner of the vehicle, such notice to include the following:

(1)

A 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 redeem the vehicle.

(5)

The procedure the owner must follow to request a probable cause hearing on the removal.

(b)

This notice shall be mailed to the owner's last known address, unless waived in writing prior to notice being mailed.

(c)

If the vehicle is registered in this state, notice shall be mailed within twenty-four (24) hours from the date towed. If the vehicle is not registered in this state, notice shall be mailed to the owner within seventy-two (72) hours from the time of removal or abandonment of the vehicle.

(d)

Whenever a nuisance or abandoned vehicle is removed and such vehicle has no valid registration or license plate, the authorizing city official shall make reasonable efforts, including the checking of the vehicle identification number, to determine the last known registered owner of the vehicle and to give such owner notice as required.

(Code 1959, § 13-256; Ord. No. 10-88, 3-21-88)

State Law reference— Notice, G.S. §§ 160A-303(c), 20-219.11(a), (b).

After removal of a vehicle declared to be a nuisance or abandoned vehicle, the owner or other person entitled to possession may request in writing a hearing to determine if probable cause existed for removing the vehicle. The request must be filed with the magistrate in the county where the vehicle was towed. The magistrate will set the hearing within seventy-two (72) hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. § 20-219.11.

(Code 1959, § 13-257; Ord. No. 10-88, 3-21-88)

State Law reference— Hearing required, G.S. § 160A-303(d).

(a)

With the consent of the owner, the city manager or his duly appointed agent may remove and dispose of any vehicle as a nuisance or abandoned motor vehicle without holding it for any prescribed period of time.

(b)

Any unclaimed nuisance or abandoned motor vehicle shall be held for a period of at least fifteen (15) days. The owner of any such vehicle may claim his vehicle during the fifteen-day retention period by exhibiting proof of ownership to the city manager or his duly appointed agent and after paying all reasonable costs incident to the removal and storage of the vehicle plus administrative expenses. If, after the vehicle is held fifteen (15) days it remains unclaimed, the vehicle may be sold in a manner similar to those sales procedures provided in G.S. §§ 44A-4, 44A-5 and 44A-6 except that no hearing in addition to the probable cause hearing shall be required. If no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the city's lien, the city may destroy it.

(c)

Within fifteen (15) days after final disposition of a nuisance or abandoned motor vehicle, written notice shall be given to the state department of motor vehicles that the vehicle has been determined to be a nuisance or abandoned motor vehicle and disposed of as such. The notice shall contain as full and accurate a description of the vehicle as can be reasonably determined.

(Code 1959, § 13-258; Ord. No. 10-88, 3-21-88)

State Law reference— Sale of vehicle, G.S. § 160A-303(d).

The proceeds of the sale of a nuisance or abandoned motor vehicle, after all costs of removal, storage, investigation and sale, and satisfaction of any lien of record on the vehicle, have been deducted therefrom, shall be held by the city finance officer for thirty (30) days and paid to the owner upon demand. If the owner does not appear to claim the remainder of the proceeds within thirty (30) days after disposal of the vehicle, the funds shall be deposited into the city's general fund and the owner's rights therein shall be forever extinguished.

(Code 1959, § 13-259; Ord. No. 10-88, 3-21-88)

For the purposes of this article, the following words shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:

Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.

Broad-tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth (1/4) of an inch, containing ink or other pigmented liquid that is not water soluble.

Etching equipment means any tool, device, or substance that can be used to make permanent marks on any natural or manmade surface.

Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the city council.

Graffiti implement means an aerosol paint container; a broad-tipped marker, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.

Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth (1/8) of an inch in width.

(Ord. No. 58-07, 10-1-07)

(a)

Graffiti prohibited. It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray, place, or draw graffiti of any type on any public or private building, structure or any other real or personal property. Any person convicted of a violation of this paragraph shall be fined not less than two hundred fifty dollars ($250.00) for a first offense and five hundred dollars ($500.00) for second and subsequent offenses.

(b)

Exemption. Subsection (a) of this section shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children's activities, such as drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water-soluble markings used in connection with any lawful business or public purpose or activity.

(c)

Removal of graffiti. It shall be unlawful for any person owning property, acting as manager or agent for the property owner, or in possession or control of property to fail to remove or effectively obscure any graffiti upon such property. Any person violating this paragraph shall be fined one hundred dollars ($100.00) civil penalty. The mandatory fine provided in this section shall not apply to a property owner, agent, manager, or possessor of property if such property owner, agent, manager, or possessor has been victimized two (2) or more times by graffiti within any calendar year and, during such time, has removed, or effectively obscured such graffiti from the property in a timely manner.

(d)

Restitution. In addition to any other punishment imposed, the court shall order the person convicted of a violation of subsection (a) of this section to make restitution to the victim for the damage or loss suffered by the victim as a result of the offense. The court may determine the amount, terms, and conditions of restitution.

(Ord. No. 58-07, 10-1-07)

(a)

Notice. Whenever the city becomes aware of the existence of graffiti on any property, the city is authorized to remove graffiti as set forth in this section after giving, or causing to be given, written notice to remove or effectively obscure such graffiti to the property owner, such property owner's agent or manager, or any other person in possession or control of the property. If the city intends to place a lien on the property, as provided in subsection (b) of this section, it must also notify all other persons whose names appear on the tax rolls of the county as having an interest in the property. Notice shall be given by personal service or certified mail, except that notice may be given by first class to those persons, other than the property owner, whose names appear on the tax rolls of the county as having an interest in the property. All notices shall state the procedure for appeals under this section.

(b)

Cost and liens. If the person owning the property, acting as manager or agent for the owner of the property, or in possession or control of the property fails to remove or effectively obscure the graffiti within seven (7) days from receipt of the notice described in subsection (a) of this section, the city may cause the graffiti to be removed or effectively obscured and charge the property owner, or the property owner's manager or agent, or the person in possession or control of the property, for the expenses incurred by the city in removing the graffiti. The city may sue in a court of competent jurisdiction to recover all such expenses, which shall include, but not be limited to, all administrative personnel cost, attorney's fees and cost related to enforcing this section; and/or the city may record a lien in the public records of the county, which lien shall be for all such expenses, and the amount of the lien shall bear interest from the date of recording.

(c)

Appeal procedure. Appeals may be taken to the city manager or his designee by the person owning the property, acting as manager or agent for the property, or in possession or control of the property to prevent the removal of any graffiti, within seven (7) days of having received notice from the city that graffiti must be removed. Appeals shall be in writing and shall state reasons for the appeal. If, on appeal, the city manager or his designee determines that the graffiti must be removed, he may set a new deadline date for compliance or authorize the city to remove or obscure the graffiti. The city shall not remove or obscure any graffiti during the pendency of an appeal.

(d)

Emergency removal. If the city determines that any graffiti is a danger to the health, safety, or welfare of the public and is unable to provide notice by personal service after at least two (2) attempts to contact the person owning the property, acting as agent or manager for the owner of such property, or in possession or control of such property. The city may remove or cause the graffiti to be removed at its expense.

(e)

Repair/restoration. In no case shall the city paint or repair any area obscured by graffiti more extensively than where the graffiti itself is located. The city shall not be required to restore the obscured area to its original condition (i.e., color, texture, etc.).

(Ord. No. 58-07, 10-1-07)

(a)

By minors at or near school facilities. It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on school property, grounds, facilities, buildings, or structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without the prior written consent of the owner or occupant of such private property. The provisions of this section shall not apply to possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating in a class at the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of this section shall be upon the minor student to establish the need to possess a broad-tipped marker. The punishment for the violation of this section shall be the same as set forth in subsections 13-32(a) and (d).

(b)

In designated public places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the city or while in or within fifty (50) feet of an underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the city.

(Ord. No. 58-07, 10-1-07)