<div class="chunk-title">Sec. 20-18. - Public health nuisance abatement.</div>
<div class="chunk-content">
            <p class="p0">
               The purpose for this section is to promote the public safety, health, and welfare
               of the citizens of Durham County through regulation of public health nuisances in
               the county. This section is adopted pursuant to the authority contained in G.S. 130A-309.61,
               G.S. 153A-121, 153A-123, and 153A-140.
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  It shall be unlawful for any person or persons to create a public health nuisance
                  on any parcel of land or allow a nuisance to remain on their property. Public health
                  nuisances are defined as any action or condition that is dangerous or prejudicial
                  to public health or safety, and include, but are not limited to, the following:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Accumulated junk, tires, trash, refuse, or construction debris that is a breeding
                  ground or nest for mosquitoes, insects, rats, or other pests.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Anything causing offensive odors or health risks to others such as unburied domestic
                  animals and stagnant water, or filthy privies and stables.
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Uncovered buildings, structures or containers with stagnant water found to be a breeding
                  ground or nest for mosquitoes, other insects, rats, or other pests.
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  Any uncovered well, open pit, unsecured vehicle, appliance, building that may cause
                  entrapment or injury, or be a breeding ground or nest for mosquitoes, rats, or other
                  pests.
                  </p>
               		
               <p class="incr2">
                  e.
                  </p>
               		
               <p class="content3">
                  Any high grass and noxious weeds shall be kept mowed or cut to a height of not more
                  than 12 inches. Exceptions include:
                  </p>
               		
               <p class="incr3">
                  1.
                  </p>
               		
               <p class="content4">
                  The use of trees and shrubs for landscaping purposes;
                  </p>
               		
               <p class="incr3">
                  2.
                  </p>
               		
               <p class="content4">
                  Areas planted to offset and control any soil loss problems, including areas along
                  waterways and edges of lakes, ponds and stormwater retention/detention facilities;
                  </p>
               		
               <p class="incr3">
                  3.
                  </p>
               		
               <p class="content4">
                  Areas designated for educational studies;
                  </p>
               		
               <p class="incr3">
                  4.
                  </p>
               		
               <p class="content4">
                  Areas dedicated to growing fruits or vegetables for personal consumption or to growing
                  flowers, native plants, ornamental grasses, ground covers, and shrubs.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Open space which includes, but is not limited to, lawns, walkways, active recreation
                  areas, playgrounds, wooded areas, greenways, woodlands, wetlands, watercourses, and
                  other natural areas of Durham County are exempt from regulation through this section.
                  Bona fide farms are also exempt from regulation through this section.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  If, following notice by hand delivery, services of process, or certified mail, the
                  owner of real property upon which a nuisance exists fails to remove, abate, or remedy
                  the nuisance within the time limitations period identified in the notice or following
                  appeal, the county may enter the property and remove, abate, or remedy the nuisance
                  as provided herein.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  The notice to the owner shall: (1) identify the property and describe the nuisance
                  located thereon to be removed, abated or remedied; (2) direct the owner to remove,
                  abate, or remedy the identified nuisance; (3) provide the owner a reasonable time
                  limitations period in which to comply, for a period of time not to exceed 90 days;
                  (4) inform the owner that the county shall enter the property to remove, abate, or
                  remedy the nuisance if the owner fails to take appropriate action during the time
                  period provided; (5) inform the owner that the costs incurred by the county to remove,
                  abate, or remedy the nuisance, if not paid by the owner, shall be a lien upon the
                  land or property and shall be collectable as unpaid taxes; and (6) notify the owner
                  of its right to appeal the basis of the notice to the Director of General Services
                  for a decision within ten calendar days of receipt of the notice.
                  </p>
               		
               
               <p class="incr1">
                  (5)
                  </p>
               		
               <p class="content2">
                  If the name or whereabouts of the owner cannot after due diligence be discovered,
                  the notice shall, in addition to the above, include the date, time, and location for
                  a hearing before the director of general services on the matter. The notice shall
                  be considered properly and adequately served if a copy thereof is conspicuously posted
                  on the property in question at least ten days prior to the hearing and a notice of
                  the hearing is published in a newspaper having general circulation in the county at
                  least once not later than one week prior to the hearing. If the owner does not appear
                  at the hearing after notice is provided herein, the director of general services shall
                  consider the evidence and circumstances of the case and shall issue a decision either
                  canceling the notice or directing the owner to remove, abate, or remedy the identified
                  nuisance.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
               <p class="content2">
                  Owners may appeal a notice to the director of general services for decision. The owner
                  may either rely on written materials or appear before the director of general services
                  for a hearing at which he shall be heard in person or by counsel and may present arguments
                  and evidence pertaining to the matter. The only issues for appeal are: (1) whether
                  the person is the actual owner of the real property, or (2) whether the action or
                  condition that serves as the basis of the notice is dangerous or prejudicial to public
                  health or safety. The fact that the owner did not bring the nuisance to the property
                  or does not have a possessory interest in the condition creating the nuisance is not
                  a defense.
                  </p>
               		
               
               <p class="incr1">
                  (7)
                  </p>
               		
               <p class="content2">
                  The director of general services shall within ten days of the date of the hearing
                  or the date of the written appeal if a hearing is not requested, issue an order either
                  canceling the notice or directing the owner to remove, abate, or remedy the identified
                  nuisance.
                  </p>
               		
               
               <p class="incr1">
                  (8)
                  </p>
               		
               <p class="content2">
                  If the owner fails to remove, abate, or remedy a nuisance during the time period provided
                  by the initial notice, or within 30 days of a decision of the director of general
                  services, or judicial court from which an appeal has not been taken, then, pursuant
                  to G.S. 153A-140 and subject to the provisions of G.S. Ch. 106, Art. 57, the county
                  may enter the property and remove, abate, or remedy everything that is dangerous or
                  prejudicial to the public health or safety. The expense of such action shall be paid
                  by the owner, and shall, if not paid, be a lien upon the property or premises where
                  the nuisance arose, and shall be collected as unpaid taxes.
                  </p>
               		
               
               <p class="incr1">
                  (9)
                  </p>
               		
               <p class="content2">
                  Enforcement of this section shall rest with those governmental agencies and personnel
                  authorized to exercise police powers under G.S. 14-399 to include litter control investigator
                  and the Durham County Sheriffs Department.
                  </p>
               		
               
               <p class="incr1">
                  (10)
                  </p>
               		
               <p class="content2">
                  The provisions of this section shall be enforced by the inspection of property and
                  by observation of persons who are engaged in or responsible for a violation of an
                  action or condition that is prejudicial to public health or safety. Enforcement personnel
                  are empowered to issue citations, warning citations, or letters of warning when any
                  of the provisions of this section have been violated. Citations shall be delivered
                  by enforcement officials in person to the alleged violator or delivered by registered
                  mail return receipt requested to the person so charged. Any citation of violation
                  so delivered or mailed shall direct the alleged violator to appear in district court
                  on or before a specific day or hour named in the citation. The period so specified
                  shall not be less than 72 hours after its delivery to the violator.
                  </p>
               		
               
               <p class="incr1">
                  (11)
                  </p>
               		
               <p class="content2">
                  Where enforcement personnel determine that a violation is a first offense for the
                  person charged, a written letter or warning citation shall be issued. Such warning
                  letter or warning citation shall state therein the nature of the violation, the corrective
                  measures to be taken, and the time and date when corrections are to be completed.
                  Failure to comply with the corrective measures stated in such warning notices shall
                  be just cause for enforcement personnel to issue a citation for violation of this
                  chapter.
                  </p>
               		
               
               <p class="incr1">
                  (12)
                  </p>
               		
               <p class="content2">
                  The Durham County Solid Waste Division shall cause all citation forms to be serially
                  numbered and accounted for.
                  </p>
               		
               
            <p class="historynote0">
               (Ord. of 5-9-16(1))
               </p></div>