§ 14-8. Overgrown lots, trash, and maintenance.

(a)

Purpose. Overgrown lots and concentrations of trash and debris on a property can create hazardous, unsafe, or unhealthy conditions and constitute a public nuisance. It is the intent of this provision to protect the health, safety, and general welfare of the public, preserve property values and rights of the individual and community.

(b)

Duties of owners and occupants for overgrown lots.

(1)

It shall be unlawful for the owner and/or occupant of an improved lot to fail to cut grass, weeds, and other overgrowth vegetation when the grass, weeds and other overgrowth vegetation is of a greater height than ten (10) inches on average, or to permit the improved lot to serve as a breeding place for mosquitoes, as a refuge for rats and snakes, as a collecting place for trash and litter, or as a fire hazard, any one (1) of which situations is declared to be a nuisance. It shall be the duty of the owner and occupant to cut and remove all grass, weeds, and other overgrowth vegetation as often as necessary. Improved lots include all lots not remaining in their natural state.

a.

Improved lots, without any structures and up to one (1) acre, adjacent to any improved lots shall be cut in their entirety as often as necessary in order to meet the requirements listed above.

b.

Improved lots, without any structures and over one (1) acre, adjacent to any improved lots shall be cut within one hundred (100) feet of all adjacent improved property and within one hundred (100) feet of any street frontage as often as necessary in order to meet the requirements listed above.

(2)

It shall be unlawful for the owner of an unimproved lot in its natural state, defined as upland or lowland woods or grassland where equipment cannot easily maneuver because of the density of the area, to permit the property to serve as a breeding place for mosquitoes, as a refuge for rats and snakes, as a collecting place for trash and litter, or as a fire hazard, any one (1) of which is declared to be a nuisance. It shall be the duty of the owner to cut and remove all grass, weeds, and other overgrowth vegetation as often as necessary.

(c)

Accumulation of trash and debris. It shall be unlawful for any owner or occupant of a property to allow any concentration of rubbish, trash, junk, mattresses, boxes, old clothes, rags or any other combustible material or objects of like kind, which may serve as a breeding place or refuge for mosquitoes, rats and snakes or as a fire hazard.

(d)

Responsibility for sidewalk, curb and grass strip maintenance.

(1)

It shall be the responsibility of the owner or occupant of a property to ensure that the sidewalk and curb abutting their property are kept clear of trash, debris and vegetation of any kind, and that the grass strip between the sidewalk and curb remain mowed at all times during the growing season.

(2)

It shall be unlawful for any person to allow the accumulation of leaves, grass clippings, or any other debris from his or her premises on a public street or sidewalk, which would prohibit or interfere with the free passage of pedestrians or vehicles. Yard wastes and debris should only be placed along the curbline of a public right-of-way for the purposes of pickup in accordance with section 21-21 of the Salisbury City Code.

(e)

Penalties. Any violation of the provisions of this section, except as otherwise provided, shall be deemed a nuisance and be subject to the following penalty process.

(1)

The division of code services manager, or their designee, shall notify the owner or occupant of the premises where the nuisance is located including a statement that, unless corrected within five (5) business days from the personal delivery of said notice or ten (10) business days from the mailing of said notice, the owner or occupant will be subject to a civil citation.

(2)

In the event that the nuisance is not abated by the owner or occupant within five (5) business days of personal delivery of notice, or ten (10) business days of mailed notice, the violator may receive a civil citation in the amount of fifty dollars ($50.00).

(3)

If the violation is not then corrected by the responsible party, the violation constitutes a Class 3 misdemeanor punishable in accordance with North Carolina General Statute 14-4.

(4)

The penalty process outlined here does not preclude the nuisance abatement process or any other remedy allowed in the North Carolina General Statues and this Code.

(Ord. No. 2016-32, § 1, 9-20-16)

Editor's note

Ord. No. 2016-32, § 1, adopted Sep. 20, 2016, amended § 14-8 in its entirety to read as herein set out. Former § 14-8 pertained overgrown lots, trash, and lot maintenance and derived from Ord. No. 2000-58, § 1, adopted Aug. 15, 2000; Ord. No. 2004-83, § 1, adopted Nov. 2, 2004; and Ord. No. 2016-26, § 1, adopted June 21, 2016.