Robert (R.A.) McIntosh
Code Enforcement Officer: (Wed-Fri) 828.247.4426 or cell 828.447.4006 robertmcintosh@townofforestcity.com
The Code Enforcement Department addresses complaints from citizens concerning public nuisances such as junk vehicles, abandoned vehicles, high grass, trash, minimum housing code violations and other public nuisances within the city limits.
TOWN OF FOREST CITY CODE OF ORDINANCES- PUBLIC NUISANCES
The Town of Forest City Code of Ordinances Chapter 12, Article 1, Section 12-2 covers Conditions constituting a public nuisance. These conditions are as follows:
High Grass:
(1) Any uncontrolled growth of weeds, grasses or bushes to a height in excess of fifteen (15) inches, causing or threatening to cause:
a. The infestation by rats, mice, snakes, or vermin of any kind.
b. A fire hazard; or
c. A condition which in any other way is detrimental to the public health, safety, or general welfare. This subsection shall not apply to areas which customarily have such growth in its natural condition, such as predominantly forested areas with numerous trees, or areas that consist of managed landscaped plantings, shrubs, or other cultivated and managed vegetation, including but not limited to planted areas with landscape plants for screening or buffering purposes required by other sections of this Code.
Outdoor Storage:
(2) Any litter which is scattered, discarded, cast, thrown, blown, placed, swept, or deposited in a persistent, continuous, or ongoing manner so as to accumulate in any open space. The owner or occupant of any property or dwelling unit shall exercise reasonable diligence at all times to keep the exterior of such property or dwelling unit clean of litter, and other used or waste materials from being scattered, discarded, cast, thrown, blown, placed, swept, or deposited on such premises in a persistent, continuous, or ongoing manner, and shall prevent from drifting or blowing to adjoining premises any such matter by removing it or ensuring that the same is placed in approved refuse containers or other appropriate location for collection.
(3) Any concentration of unusable building materials, including but not limited to concrete, steel, and masonry, which is no longer suitable for building construction, alterations, or repair, and which is located in any open space.
(4) The accumulation, concentration, presence, storage, or placement in any open space, other than as allowed in subparagraphs a., b., and c. of this subsection, of any junk, including but not limited to, furniture, appliances, machinery, equipment, building materials, nuisance vehicle, motor vehicle parts, tires, or any other man-made items which are either in whole, or in part, wrecked, junked, deteriorated, worn out, dismantled, unusable, or inoperative.
a. Storage of junk which is either in whole, or in part, wrecked, junked, deteriorated, worn out, dismantled, unusable, or inoperative shall only be allowed on any properties used for nonresidential purposes if in compliance with other town ordinances, or if not addressed by a town ordinance, completely enclosed within a building or otherwise evenly placed or neatly stacked and concealed by a solid opaque fence, cover, or other means so as to not be visible at the property line from abutting properties or a public street. Where otherwise permitted by town ordinances, tire displays shall be limited to no more than ten (10) tires whether new or used. Other tires may be located outside, only during business hours, for the purpose of loading and unloading tires.
b. Storage of junk which is either in whole, or in part, wrecked, junked, deteriorated, worn out, dismantled, unusable, or inoperative shall only be allowed on any properties used for residential purposes if completely enclosed within a building or limited to a single area no greater than one hundred (100) square feet and completely concealed by a solid opaque fence so as not to be visible at the property line from abutting properties or a public street, and located only within the rear yard as defined in the zoning ordinance.
c. Whether stored on residential or nonresidential property, storage of junk as allowed in subparagraphs a. and b. of this subsection shall be maintained in such a manner so as to prevent overgrown grass or weeds or infestation of animals, reptiles, or rodents. Such storage or accumulation shall not be permitted if it causes or threatens to cause a fire hazard, the accumulation of stagnant water, or infestation by mosquitoes or other disease carrying insects which are or may be dangerous or prejudicial to the public health.
(5) The open storage of any discarded ice box, refrigerator, stove, washer, dryer or other "white goods".
(6) Accumulation in an open place of hazardous or toxic materials and/or chemicals.
(7) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(8) Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the town manager or his designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises.
(9) Any condition which blocks, hinders, or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches, or drains, to the extent that the premises is not free from standing water.
(10) Any accumulation of trash and/or garbage which is the result of overflowing or improperly closed trash or garbage containers.
(11) Any condition detrimental to the public health which violates the rules and regulations of the Rutherford County Health Departments.
Store items in the rear yard only. Make sure outdoor storage items are screened from view of the street by placing items behind fences or inside storage buildings. Outdoor storage includes boats and trailers, so the same guidelines apply to these items as well. Permits are required for storage buildings and carports.
Nuisance Vehicles:
According to the Town of Forest City's Code or Ordinances, Nuisance Vehicles are defined and classified as a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful including a vehicle found to be:
Nuisance vehicle shall mean a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful including a vehicle found to be:
(1) A breeding ground or harbor for mosquitoes, other insects, rats, or other pests.
(2) A point of heavy growth of weeds or other noxious vegetation over eight (8) inches in height.
(3) A point of collection of pools of ponds of water.
(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor.
(5) One which has areas of confinement which cannot be operated from the inside, such as trunks, hoods, etc.
(6) So situated or located that there is a danger of it falling or turning over.
(7) One which is a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind.
(8) One which has sharp parts thereon which are jagged or contain sharp edges of metal or glass; or
(9) Any other vehicle specifically declared a health and safety hazard and a public nuisance by the board of commissioners.
A junk vehicle is a vehicle, which does not have a current license tag, is partially dismantled or wrecked, or cannot move on its own. Each property may have one junk vehicle in the rear yard that is concealed from view for not more than 30 days. If a property has more than one junk vehicle, the additional junk vehicles must be enclosed in a garage.
According to the North Carolina § 160A‑303.2. Regulation of abandonment of junked motor vehicles:
(a) (3) Junked motor vehicles are classified by the vehicles' age and worth. A vehicle is considered "junk" if it is more than five years old and appears to be worth less than one hundred dollars ($100.00) or is less than five years old and appears to be work less than five hundred dollars ($500.00) as provided by municipality in an ordinance adopted under this section.
For regulations concerning removal of junk and nuisance vehicles, please view the following Town of Forest City Ordinance Part II, Chapter 12, Article III.
To Report Zoning and Code Enforcement Violations:
Feel free to report code enforcement violations using our Cognito Form by clinking the following link: Report Code Enforcement Violations.
Please help protect the health and safety of your neighborhood by keeping your grass mowed and eliminating outside storage, junk, and nuisance vehicles.
Note that once a Notice of Violation is issued, any violation that has not been remedied in the allotted amount of time (standard 15 days) will cause the Town of Forest City's contractor to abate the issue and bring the property up to code.
Also, note that if the same type of violation occurs at the same address within 180 days of the issuance of the initial Notice of Violation, that nuisance can be abated without further notice with the accrued cost being placed as a lien against the property.