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Codes and Ordinances
| Zoning Map (scroll down) Please check with the Zoning Administrator for parcel zoning designation accuracy |
| Copy Right 2007 Town of Mount Olive. All Rights Reserved |
OF THE TOWN OF MOUNT OLIVE, NORTH CAROLINA
AMENDING CHAPTER 16 OF THE ZONING ORDINANCE
OF THE TOWN OF MOUNT OLIVE, NORTH CAROLINA
ADDING A NEW SECTION 16-90 STORMWATER DRAINAGE SYSTEM
The Town of Mount Olive Board of Commissioner of the town of Mount Olive, North Carolina, doth ordain:
1. That the Code of Oridinance, Town of Mount Olive, North Carolina is amended by adding a
new Section 16-90 – Stormwater Drainage System to Chapter 16 of the Zoning Code. The new Section 16-90 reads as follows:
Section 16-90 STORMWATER DRAINAGE SYSTEM
(a) Findings. Yard waste such as leaves, grass clippings and soil/sediment can cause
Significant water quality problems when it is blown or directed into the stormwater system. Water quality problems include
algal blooms and aquatic weed growth, oxygen depletion, fish kills and impartial aquatic habitate. In addition, when the
stormwater system is clogged with yard waste it can cause street and property flooding.
(b) Restrictions on debris
(1) It shall be unlawful for any person to rake, sweep, blow, wash, direct or place any debris, including but not limited to yard
waste, grass clippings, leaves, sediment, trash, or debris of any kind into the storm drainage system of the town, including any
streets, storm drains, ditches, swales, streams, lakes, culverts, right of way, dedicated easements, or in any other area where it
might impede the flow of water through the storm drainage system of the town.
(2) It shall be the duty of all property owners within the city to take adequate precautions on their property to ensure positive
drainage of their property. Such drainage may be provided either through natural or artificial drains found to be adequate by the
Town engineer or his designee. The owner shall keep all ditches drains, swales and drainage routes free from obstruction which
would impede the flow of water.
(3) When it shall appear to the Town Manager or his designee that drainage facilities or drainage ways on any private property
are, for any reason, inadequate and prior notice has not resulted in correction of problem conditions, he shall notify the owner of
the property by registered or certified mail what correctiv measures are required to render the drainage adequate. The notice to the
owner shall specify a reasonable time within which the corrective measures should be taken. Notice to the owner whose address
is unknown shall be given to the person in whose name the property is listed for taxation at the address shown on the tax records
or to the agent of the owner whose name appears on the tax records.
(4) If such corrective measures are not taken as required in the notice to the owner, the Town Manager or his designee, upon
approval of the Town Board of Commissioners, may enter upon such premises and take the corrective measures required and
the town board may assess the cost thereof against the owner of the property and such assessment shall become a lien on the
property with the same pro-rating to be collected as unpaid ad valorem taxes.
(5) Any condition in violation of this section shall constitute a public nuisance, subject to abatement as set forth in Article III of
Chapter 12 of the Town code.
(6) The following are the preferred best management practices (BMPs) for yard waste and debris:
a. Prevent yard waste and debris from entering the street, storm drain, ditch, or other parts of the drainage system.
b. Direct or blow yard waste back onto a lawn or landscape area.
c. Sweep, rake and /or collect yard waste instead of hosing/sweeping off of driveways, sidewalks or other impervious surfaces.
d. Leave grass clippings on the lawn to decompose quickly and act as a natural fertilizer and soil conditioner (‘grass cycle’).
e. Compost yard debris for use in the lawn, garden, or landscape.
f. Collect and contain yard waste for town collection service according to specific yard waste collection policies. Do not use the
town trash cart for yard waste or debris. Use designated cart for yard waste.
(C) Civil Penalty
a. Any person who violates any provisions of Article IV of Chapter 16 shall be guilty of a civil penalty and fined $150.00, due
and payable to the town clerk within three business days, in cash, certified check or money order. Personal and business checks
will not be accepted. Each day the violation continues to exist after three business days, it shall be considered a separate offense.
If, after three business days, the violation exists, there shall be a $150.00 daily civil penalty issued for each day the violation
continues.
b. Notwithstanding subsection (a) of this section, Article IV of Chapter 16 may be enforced by appropriate equitable remedies
issued from a court of competent jurisdication.
c. Civil penalties may be appealed to the Board of Adjustments as an administrative appeal.
2. If this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given separate effect and to that end the provisions of this ordinance are
declared to be severable.
3. Any ordinance or any part of the ordinance in conflict with this Ordinance, to the extent of such conflict is hereby repealed.
4. This ordinance is adopted in the interest of public health, safety and general welfare of the inhabitants of the Town of Mount
Olive, North Carolina and shall be in full force and effect from and after its adoption.
This Ordinance adopted this 21st day of June, 2010.
Irvin Ray McDonald, Sr.
Mayor
ATTEST:
Arlene G. Talton
Town Clerk
APPROVED AS TO FORM:
Carroll Turner
Town Attorney
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