AN ORDINANCE REGULATING THE MAINTENANCE OF RIGHT-OF-WAYS WITHIN THE CORPORATE LIMITS AS AUTHORIZED PURSUANTTO NORTH CAROLINA  GENERALSTATUTE 160A-296  02012-04  WHEREAS, pursuant tol North Carolina General Statute 160A-296, the Town ofl Bermuda Run is authorized, to regulate the maintenance oftown street edge lines, including right-of-ways  abutting town streets; and  WHEREAS, the Town Council of the Town of Bermuda Run has taken into full consideration the recommendation ofTown Staff and Legal Counsel to regulate the maintenance  oftown street right-of-ways; and  WHEREAS, the Town Council has concluded and here by declares that it is within the Town's authority and control to regulate the maintenance oft town street edge lines, including right-  of-ways abutting town streets;  NOW' THEREFORE, BE IT ORDAINED by the Town Council oft the Town of] Bermuda  Run that; Section 1. Title.  This Ordinance shall be known and may be cited as Maintenance ofE Right-of-Way  Ordinance."  Section 2. Intent and Purpose.  Iti is the intent and purpose oft this ordinance to regulate or abate acts, or conditions detrimental to the health, safety, or welfare ofthe citizens ofTown of] Bermuda Run in accordance with North Carolina General Statute 160A-174. It is further the intent and purpose ofthis ordinance to set forth the authority of the Town of Bermuda Run to regulate the maintenance oftown street edge lines, including right-of-ways  in accordance with] North Carolina General Statute 160A-296.  Section 3. Jurisdiction.  The provisions oft this ordinance are applicable to all properties, whether improved or vacant lands, which are located within the town of Bermuda Run's corporate limits, and extraterritorial jurisdictional areas, which are currently and may in the  future be fixed.    Section 4. Maintenance of Right-Of- Way.  Its shall be the duty of every person or entity occupying, owning or having control of property abutting a street or highway that utilizes aj portion ofthe unused street or highway right-of-way as a yard or any other use to maintain said right-of-way ini the same character and manner as the abutting use, which includes grassed and landscaped frontage oft the property within the right-of-way.  Section 5. Abatement Procedure.  (1) Notification. When any condition in violation oft this ordinance is found to exist, the Town Manager, or person designated by the Town Manager, shall give notice, in writing, to the owner ofthe premise to abate or remove conditions (2) Failure to comply or abate. Ifthej person or entity in violation oft this section, after having been ordered to abate the condition resulting from the violation fails, neglects, or refuses to abate or correct the condition within 15 days from the receipt oft the order, the Town Manager shall cause the condition to be (3) Cost ofa abatement. The actual cost incurred by the town for correcting or removing the violation or otherwise remedying the condition plus $50.00 civil penalty to offset administrative cost incurred by the town shall be charged to the person or entity responsible for the violation, and it shall be the duty ofthe Town Manger orl his designee to mail a statement of such charges to the responsible party with instructions that such charges are due and payable within (4). Failure toj pay costs of abatement. In the even charges for the correction or abatement oft the condition and civil penalty are not made within 30 days after the mailing ofa a statement oftown charges as provided hereof, the Town Manger shall cause such charges to be collected in the nature ofa debt, ori ift the violation occurred within ai right-of-way or easement which boarders the responsible person's or entity's property, the Town Manager shall cause such charges to become a lien upon the land or premises upon such property and shall be collected as unpaid taxes as provided in North Carolina General Statute  within 15 days ofreceipt of such notice.  corrected or removed.  30 days from the receipt thereof.  160A-193.  Section 6. Other Remedies.  The procedures set forth ini this chapter shall be in addition to any other remedies that may now or hereafter exist under law as stated in the Town of Bermuda Run's  Civil Penalties Ordinance.    Section 7. This ordinance shall and does become effective as ofDecember 11, 2012 and shall  remain and continue tol be in effect unless or until amended or repealed by the Town  Council of Bermuda Run.  Adopted this the 11th day of] December 2012  TOWN OF BERMUDA RUN Lneth6 Kenneth A. Rethmeier, DrPH  By:  Mayor  ATTEST:  az H. Lee Rollins, Town Clerk