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Home My WebLink AboutBRENDA ROSENBERG COMPLAINT FOR INJUNCTION AND DAMAGES.TIFMIEVIIXO.17N61:46:_[N:RAJaIM1 COUNTY OF CATAWBA CATAWBA COUNTY, Plaintiff U THE GENERAL COURT OF JUSTICE SUPERJ,OR COURT DIVISION FILE-NO. 08 -CVS- oZ COMPLAINT FOR INJUNCTION AND DAMAGES BRENDA C. ROSENBERG, Defendant. THE PLAINTIFF complaining of the Defendant, alleges and says as follows: 1. That Plaintiff is a body politic, corporate in nature and exists by virtue of North Carolina General Statutes §153A -10 and §153A -I1. 2. That the Defendant is a citizen and resident of Catawba County, North Carolina. 3. That the Superior Court Division of the General Court of Justice is the appropriate division and has jurisdiction to compel the enforcement of any ordinance by way of injunctive relief pursuant to North Carolina General Statutes § 7A -245. 4. That the Catawba County Board of Commissioners has adopted a solid waste ordinance, Chapter 32, of the Catawba County Code entitled "Solid Waste Management" and that the Plaintiff's corporate powers to regulate solid waste ordinances are exercised by its Board of Commissioners pursuant to North Carolina General Statutes § 153A -123. 5. That the Catawba County Board of Commissioners has adopted a solid waste ordinance, Chapter 32, of the Catawba County Code entitled "Solid Waste Management" and that the Plaintiff s corporate powers to regulate solid waste ordinances that are deemed to be a public health nuisance are exercised by its Board of Commissioners pursuant to North Carolina General Statutes § 153A- 140. 6. That the Defendant is the owner of the real property located at 3322 38 Street Drive, NE, Hickory, Catawba County, North Carolina, and being more particularly described as being in Clines Township, Parcel Identification Number: 3734 -13 -14 -8674, said property being described in Deed Book 1550 at Page 0806, located at the Office of the Catawba County Register of Deeds and that a copy of this deed is attached hereto and incorporated herein as Exhibit A. 7. That on or before January 18, 2008, the Defendant's residence, burned and is uninhabitable. 8. That under the above described ordinance in Chapter 32 -1, "Solid Waste' is defined as "any hazardous or non - hazardous garbage, refuse, sludge from waste water treatment plant, water supply treatment plant or air pollution control facility or other discarded material including solid, liquid, semi -solid or containing gaseous material resulting from industrial, institutional, commercial or agricultural operations or from community activities." 9. Th at in accordan with Chapter 32fi(a)(2) of the Catawba County Code solid wast or gar bage _ shall not be deposited, stored, or permitted to accumulate on any property in any such manner that it will provide food or harborage for rodents and vermin or will create a fire or safety hazard. 10. That in accordance with Chapter 32- 6(a)(5) "no person shall throw, dump, deposit or cause to be thrown, dumped, or deposited solid waste on property owned by himself or another person, on any public highway, street, or road, upon public parks or recreation areas, or upon any public property except that property specifically designated for that use." 11. That in accordance with Chapter 32- 6(a)(6) it is "unlawful for any person to dispose of garbage or solid waste in any place other than in the manner approved by law by any other method, including reclamation and recycling processes, that has been approved by the state division of health services." 12. That the waste on Defendants' property constitutes a public nuisance to the citizens and residents of Catawba County in that it will provide food or harborage for rodents and vermin or will create a fire or safety hazard, and will result in continuing irreparable harm unless the activity is enjoined by the Court and the Defendants are required to remove, and properly dispose of, the solid waste. 13. That the throwing, dumping, depositing, storing or discarding of the said material on the described property is not an appropriate method of disposal under the law. 14. That on or about January 18, 2008, Plaintiff, after being advised of the potential problem, performed a site inspection on the subject property and found the remaining structure on the property. 15. That Plaintiff proceeded to notify Defendant, of the solid waste violation by letter dated April 23, 2008. 16. That said letter, dated April 23, 2008 came back as undeliverable to Plaintiff, so Plaintiff delivered letter to Defendant in person at place of employment. 17. That on June 16, 2008, a letter from Plaintiff s counsel was forwarded to Defendant advising her of the solid waste violation. 18. That the Defendant has willfully failed and refused to comply with the requests of the Catawba County to comply with the applicable solid waste ordinances. WHEREFORE, Plaintiff respectfully prays to the Court as follows: To issue an order enjoining the Defendant from continuing the unlawful use of this property and to enforce the provisions of the Catawba County Solid Waste Ordinance and to require the Defendant to abate the nuisance. 2. To issue an order, upon Defendant's failure to comply with the Court's injunction, that Defendant be held in civil contempt of Court or in -direct criminal contempt of Court. That Plaintiff be allowed to enter onto the subject property and bring the property back into compliance with the Catawba County Solid Waste Management ordinance. 4. That Plaintiff have and recover of the Defendant the costs of bringing the property into compliance with the Catawba County Solid Waste Management ordinance. 5. That Plaintiff be allowed to file a judgment and lien for the amount of the costs expended to clean the subject property and bring it into compliance with the Catawba County Solid Waste Management ordinance. 6. That the Plaintiff have and recover of the Defendant the costs of this action. 7. For such other and further relief the Plaintiff may be entitled and which the Court deems just and proper. This the -l— day of 1 2008. Anne Marie Pease Attorney for Plaintif Post Office Box 389 Newton, NC 28658 828 -465 -8483 Fax: 828465 -8465 VERIFICATION Kim Sue, being first duly sworn, deposes and says that she is the Code Compliance Technician for the Catawba County Utilities and Engineering Department and that she has read the foregoing Complaint and knows the contents thereof that the same is true of her own knowledge except as to matters stated to be alleged upon information and belief as to those matters and things she believes them to be true. This the i ,. day of Cd/ , 2008. Kim Sue, Code Compliance Technician Catawba County Utilities and Engineering STATE OF NORTH CAROLINA COUNTY OF CATAWBA Sworn and subscribed before m This the 2-&-... day of —2008. ,lOTq�'s= C Notary Publ My Commission Expires: EXHIBIT r BRAWN BY: WHITENER d: AUSTIN ATTORNEYS, P. O, Bose 974 Hickory, NC 2M"2T4 1152 ercm15J0•t 606 Peru, CuWhn WAEPANTS De® Casewtm Calmly TRW DLND, Made this tax 25 day of June, 1984 by and between Eueaye G Cook and w1fo Anne Y. Cook, the Creamie end Erenda C. Rosenberg and husband Mark Rosenberg the Grantees, of o.,., t ee. asA an,. —.e. ud 2nio I W ITN BEB B TR. That the Grantors, for wlumble consideration Mid by the Grantees, the reeelpt of wWM is hereby acknowledged. ban and by takes presents does barehy, grant, bargain, sell aria oarvay unto the Grantees In fee simple, that "ruin lot or parcel of Wad ciliated In CIIna4 Township, exteri County, Sts North Carotin and more portkuWly described " runon BEING It of Lot y of Bb !a� m Term.. Extension as knows, m map neorded In Rook 1Y, of Maps, atounty Registry. The conveyer" of the is subject at led fallowing reservations and restriction: 1. This MolWty rftnlld Mrp only . t. All homes co ns tru cted ways on aMG hews minimum of I Moore to" of healed floor WoM, exclusive e , prsges, os of 11 bewmm4 7. AB houses shall M built oft! brick, at" or woad siding of sight ]no= or tuck", an "Map, eo"rata or U chew &boos ground k-L e. No hmus WWI be built e1 W tha !rant property If" M E fed to either sift property Box. b. 771e Renton have hentoforc ht o! way aeraes this property to Ouka Paws' Company. b. No mobile homes or trailer sh to remain an the above dexerbord lo% TO HAVE AND TO NOW the aforesaid lot or parcel of land end all privileges and appurlenanes !hereunto belonging to the Grmtees in fee almple. And the said Grunion covenant with the Grant "s, that Grantors ere seized of the premises In f" simple, hews the right to movey the "me In fee simple, that title Is marketable Arid tree and clear of all encumbrances, and that Granlon will warrant and defend the title apelnt me lawful claims of all Mann whomawever except for the exceptions herein after stated. IN WITNESS WHEREOF, The Grantors hes hereunto set their hone and reels, the day and year first above written, tee Re mu, SEAL 9 % ' 1' t .� /1 SEAL a 6aa1550%! 807 North Carolina Catawba Cau tyy 1, '�rl !J1 • %elsey Pubile do herd 8. Cook en w e nne persona , sppeared .10. so this the execution of the for[oing instrument for lh< pertness therein expo Witness my hand and notarial seal this the 25 day of June. 1661. My Commission Expires xrcmhem[mnwwmN North Caroline Catawba Coonty recce Notary Polio or cereal. Presented or registration this 26 dry recorded In Bunk 1550 at mile 806 , %i Ruth Mackie i s�_ s a fm T N � u 0 3 T nl -0 T N