52-7. Investigation and Response to Public Nuisance.

  1. Department owner notification. Upon declaration of a public nuisance, the Department shall give written notice of its determination and orders to abate the nuisance to the owner, occupant and property agent, if applicable. This notice shall be served in person, by electronic delivery, first-class mail, or by an officer authorized to serve a warrant and contain the following:
    1. Property location by street address, parcel identification number, or other property description.
    2. Information identifying the nature of the public nuisance at the property.
    3. A summary of the owner's and occupant's responsibilities under this chapter.
    4. Specific orders for abatement or remediation of the public nuisance.
    5. A date for completion of the abatement not to exceed 30 days following the receipt of the notice unless a shorter time is required due to the Department's further determination that the immediate abatement is necessary to protect public and safety. In such cases, the reason for a shortened abatement period shall be specified.
    6. Information regarding a right of appeal as provided in §52-9 of this Chapter and that, unless the threat to public is abated or removed in accordance with the terms of the notice, the Department will have the public nuisance abated or removed at the expense of the owner under the provisions of N.C.G.S. 160D-404, this Chapter, or other applicable state or local law.

  2. The notice may also be posted on the property.The person providing the notice shall certify that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.

  3. Unknown or absent property owner. In the event the owner of the property is unknown or absent and has no known representative upon whom the notice can be served, the Department shall post a written or printed notice on the property stating that, unless the threat to the public is abated or removed within 30 days, the Department will have the public nuisance abated or removed at the expense of the owner under the provisions ofN.C.G.S. 160D-404, this Chapter, or other applicable state or local law.
  4.  Public notification. The Department shall provide information in writing about the public nuisance declaration and potential hazard(s) to the following persons as applicable and appropriate:
    1. Child Protection Division in situations of potential child maltreatment or endangerment;
    2. Adult Protection Division in situations of potential vulnerable adult maltreatment or endangerment;
    3. Neighbors in close proximity likely to be affected by the conditions found at the site;
    4. The local municipal clerk;
    5. Local law enforcement officer; or
    6. Other state and local authorities that may have public or environmental protection responsibilities.
  5. Warning sign. The Department shall post a warning sign when deemed necessary to further protect the public and safety. The warning sign shall be posted on the entrance(s) of the structure or property and contain information sufficient to alert visitors or returning occupants to the site that it may be dangerous to enter, that entry is prohibited unless authorized by the Department or law enforcement department posting the sign. Any person other than the Department or designated agent that removes a warning sign shall be in violation of this Chapter. A draft sign is attached to this Chapter as Attachment 1.
  6. Department abates public nuisance. If the owner, property agent or occupant fails or neglects to comply with the requirements in the notice provided under subsection A of this section, then the Department shall abate or remediate the public nuisance described in the notice. The Department will recoup such costs as necessary to abate the public nuisance as provided in §52-8 of this Chapter.
  7. Vacating the public nuisance order. Upon Department verification of proper abatement, remediation or removal at the site, the Department shall issue written notice to those persons served notice under subsection A of this section that the public nuisance order is vacated. Notice shall also be provided, as applicable and appropriate, to those persons provided information under subsection C of this section.