- NUISANCES AND ABANDONED OR JUNKED MOTOR VEHICLES
22-1.1
[Violations, abatement.] The procedures set forth in Sections 22-7 through 22-9 … shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances and shall not prevent the City from proceeding in a criminal action against any person violating such provisions of this Article. The City may choose to abate any public nuisance or violation of the City Code of Ordinances through any of the abatement methods set forth in the City Code or in other local, state or federal law, and nothing contained in this Article shall be construed as limiting, prejudicing or adversely affecting the City's ability to concurrently or consecutively use any of those proceedings as the City may deem are applicable. Proceeding under this section will not preclude the City from proceeding under other sections of this Article. Whenever the enforcement officer determines that any condition exists in violation of the provisions of this Article, he/she may take enforcement action pursuant to this section.
22-1.2
[Enforcement.] Each day that a violation continues or that an order is not obeyed shall constitute a separate and distinct offense. The provisions of this Article and all orders issued pursuant thereto may be enforced also by mandatory or prohibitory injunction or order of abatement from a court of competent jurisdiction or by any other equitable remedy as provided by G.S. 160A-175.
22-1.3
Investigation. The enforcement officer may enter any property or premises at all reasonable hours to perform any duty imposed upon him/her by this Article whenever the enforcement officer has cause to believe a violation of provisions of this Article is occurring, provided that:
(1)
The enforcement officer shall present proper credentials, state the reason for entry and request entry from the owner or occupant.
(2)
The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry and request entry.
(3)
The enforcement officer shall not enter any property or premises not open to the public in the absence of permission to enter, unless an inspection warrant has been issued by a court of competent jurisdiction.
22-1.4
No duty to enforce. Nothing in this Article shall be construed as requiring the City to enforce prohibitions in this Article against all or any properties which may violate the article. In the City's discretion, and as the City's resources permit, this Article may be enforced only as to a limited number of problem properties per year. Nothing in this section or the absence of any similar provisions from any other City law shall be construed to impose a duty upon the City to enforce such other provision of law.
22-1.5
Costs of enforcement. In any civil, criminal or administrative appeal, hearing or action commenced by the City under this Article, the City shall be entitled to recover from the defendant in such action reasonable attorney's fees, costs of suit, any other costs of enforcement, including, but not limited to, inspection costs and cleanup or abatement costs.
22-1.6
Emergency cleanup or abatement. When the City enforcement officer or his/her duly authorized agents or representatives find and determine that the severity of the violation warrants immediate action, he/she may clean up or abate violation thereof. If the enforcement officer or his/her duly authorized agents or representatives present themselves for such purposes and are denied access to, the cost of such cleanup or abatement may be recovered by the City in a civil action. Such emergency cleanup or abatement will not relieve the person from further action which may be taken by the City Council or its duly authorized agents and representatives, including, but not limited to, liability for any violations of this Article or any other applicable provisions of this Article of state law and local ordinances.
22-1.7
Nonemergency abatement by the City. Following determination by the City that a nuisance should be abated by the City, the notices required by law shall be given and a hearing shall be conducted as provided herein (see Sections 22-8 through 22-9). Following abatement, the costs of abatement including those authorized by this Article shall be confirmed by the City Council as provided in the General Statutes of North Carolina and thereafter placed as a lien on the subject property. The proceedings provided by the General Statutes of North Carolina are not exclusive, and the City may abate by all other legal means available to it.
22-1.8
Conclusive notice. Mailing of notice of any hearing or order under this Article 22 to the owners of real property concerned at the owners' names and addresses as shown on the last equalized roll upon which City taxes are collected shall be conclusively deemed to be the proper persons and addresses for mailing of such notices, and the failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of the notice of hearing or order pursuant to this Article shall be conclusively deemed to be adequate notice to any and all occupants, users or possessors of the property or its contents, and the failure of any such occupant, user or possessor to see, read, understand or otherwise receive the notice shall not invalidate any of the proceedings.
22-1.9
Liability. Neither the City, nor any person acting on behalf of the City in the enforcement of this Article, may be held to answer in a civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, junked, lost or stolen vehicle, or other property or materials, or personal property of any kind for the enforcement of this Article.
(Ord. No. 2025-O-04, 1-14-2025)
22-2.1
Every owner and every occupant or other person in control of any building or land in the City limits, or within the extraterritorial jurisdiction, including vacant property, shall keep the same in a clean and orderly condition and shall deposit refuse for collection in accordance with the provisions of this Article and the regulations of the City manager adopted in conformity herewith.
22-2.2
No persons shall throw, drop, or deposit or cause to be thrown, dropped, or deposited on any land in the City's municipal limit, vacant or occupied, including specifically streets, alleys, public areas, including waters adjacent to seawalls and all waters under the jurisdiction of the City, including the extraterritorial jurisdiction of the same, any waste, including, but not limited to, refuse, garbage, ashes, rubbish, dead animals or fish, paper, drinking cups, broken glass, tacks, brush, grass, weeds, and anything injurious or potentially injurious to health. If any person, while transporting or hauling or causing to be transported or hauled such rubbish or material or earth excavation, coal or other material shall throw, drop, or deposit or cause to be thrown, dropped, or deposited such rubbish or material from the body of any vehicle in violation of the provisions of this subsection, such person must daily clean up and remove such rubbish or material in a manner satisfactory to the Enforcement Officer. Upon such owner failing to do so, the City may clean up and remove such rubbish and material and collect the cost of such cleaning up and removal from such persons.
(Ord. No. 2025-O-04, 1-14-2025)
The existence of any of the following conditions: (1) on any lot of one (1) acre or less that is located within an approved subdivision that has not been left in its natural state; and (2) all other lots and tracts would fall under this regulation only if a defined nuisance occurs within one hundred (100) feet of the perimeter property line, unless the nuisance is deemed to be a public health hazard, or is declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance within the corporate limits:
22-3.1
Property maintenance; public nuisances. It is hereby declared to be a public nuisance for any owner or other person in control of any property or premises to keep or maintain property, premises, or rights-of-way in such manner that any of the following conditions are found to exist:
(A)
Accumulation of junk that is determined by the Enforcement Officer to constitute a fire hazard or to be detrimental to human life, health or safety;
(B)
Any accumulation of garbage, rubbish, refuse or recyclable items that is offensive by virtue of odors or vapors or by the inhabitation of therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health; or determined by the Enforcement Officer to constitute a fire hazard or to be detrimental to human life, health or safety;
(C)
Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) which is determined by an Enforcement Officer to constitute a fire or environmental hazard, or to be detrimental to human life, health or safety;
(D)
Swimming pool, pond, spa, other body of water, or excavation which is abandoned, unattended, unsanitary, empty, not securely fenced, or which is determined by the Enforcement Officer to be detrimental to life, health or safety;
(E)
Any premises which detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration, decay, or unreasonably overgrown vegetation, or is unsafe for the purpose for which it is being used or is not secured or is improperly secured and which is determined by the Enforcement Officer to be detrimental to life, health or safety; and
(F)
Any graffiti or marks made by drawing, painting, writing, inscribing, or otherwise defacing any real or personal property without the prior consent of the owner or person in control of the premises.
22-3.2
Responsibility for property maintenance. The owner, occupant, lessee and tenant of any property within the city limits or its extraterritorial jurisdiction shall be responsible for the maintenance of property and premises in a manner consistent with the provisions of this section and other provisions of the Code of Morehead City.
(Ord. No. 2025-O-04, 1-14-2025)
It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any lot or land or any part thereof in the City's municipal limit, or within the City's extraterritorial jurisdiction, to permit or maintain on any such lot or land any growth of weeds, grass or other rank vegetation to a greater height than eight (8) inches on the average, or any accumulation of dead weeds, trees, grass or brush. It shall also be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, cover, overhang or border any public place, or allow the seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
(Ord. No. 2025-O-04, 1-14-2025)
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Sections 22-2 and 22-4.
The Enforcement Officer, upon notice from any person of the existence of any of the conditions described in Section 22-2, or upon his own volition if he sees such conditions, shall cause to be made by the appropriate county health department official or City official such investigation as may be necessary to determine whether, in fact, such conditions exist as to constitute a public nuisance as declared in Section 22-1.
(Ord. No. 2025-O-04, 1-14-2025)
22-7.1
Upon a determination that conditions constituting a public nuisance exist, the Enforcement Officer shall give written notice to the owner, occupant or person in possession of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within fifteen (15) days from the receipt of such written notice. Notice shall be delivered personally or may be mailed, certified mail, return receipt requested, and the date of mailing shall be the date of giving of the notice. If the notice cannot be served in either fashion, service of the notice shall be made by publication once in a newspaper published in the county, and the date of publication shall be the date of notice.
22-7.2
Any person receiving a notice under the provisions of Subsection 22-7.1 above may appeal from the order contained therein by giving written notice of such appeal to the City Manager within ten (10) days of the receipt of the notice from the Enforcement Officer or from the posting thereof, whichever is earlier, or, if the notice is served by publication, within ten (10) days of the publication thereof. All appeals will be heard by the City Manager. The appellant may be represented at such hearing by counsel and may present evidence. Hearings shall be had within thirty (30) days of the date notice of appeal is given and a decision shall be made within ten (10) days following the hearing. The City Manager may affirm, modify or reverse the decision of the Enforcement Officer. During the appeal process, the order of the Enforcement Officer shall be suspended. The order may be served in any manner provided for service of notice in Subsection 22-7.1.
22-7.3
Notwithstanding the provisions of Subsections 22-7.1, 22-7.2 and 22-8.1, the City may notify a chronic violator of the City's nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the City shall, without further notice in the calendar year in which notice has been given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by certified mail.
(Ord. No. 2025-O-04, 1-14-2025)
22-8.1
If any person, having been ordered by the Enforcement Officer or by the City Manager to abate such a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance within fifteen (15) days from the service of the order, the Enforcement Officer or City Manager shall cause the condition to be removed or otherwise remedied by having employees of the City go upon the premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the City Manager.
22-8.2
Any person who has been ordered to abate a public nuisance may, within the time allowed herein, request the City in writing to remove such condition, the cost of which shall be paid by the person making such request.
(Ord. No. 2025-O-04, 1-14-2025)
22-9.1
The actual cost incurred by the City in removing or otherwise remedying a public nuisance shall be charged to the owner of the lot or parcel of land, and it shall be the duty of the tax collector to mail a statement of such charges to the owner or other person in possession of such premises with instructions that such charges are due and payable within thirty (30) days from the receipt thereof.
22-9.2
If charges for the removal or abatement of a public nuisance are not paid within thirty (30) days after the receipt of a statement of charges, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. 160A-193.
(Ord. No. 2025-O-04, 1-14-2025)
22-10.1
Administration. The Police Department and the Planning and Inspections Department of Morehead City shall be responsible for administrating the removal and disposition of vehicles determined to be "abandoned" on the public streets and highways within the City and on property owned by the City. The Planning and Inspections Department shall be responsible for administering the removal and disposition of "abandoned," "nuisance," or "junked" motor vehicles located on private property. The City may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles, and junked motor vehicles in compliance with this Article and applicable state laws. Nothing in this Article shall be construed to limit the legal authority or powers of officers of the City police department in enforcing other laws or in otherwise carrying out their duties.
22-10.2
Abandoned vehicle unlawful; removal authorized.
(A)
It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined in 2-2.1 of the Unified Development Ordinance.
(B)
Upon investigation, proper authorizing officials of the City may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
22-10.3
Nuisance vehicle unlawful; removal authorized.
(A)
It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been determined to be declared a nuisance vehicle as defined in Subsection 2-2.182 of the Unified Development Ordinance.
(B)
Upon investigation, the City building inspector may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed.
22-10.4
Junked motor vehicle regulated; remove authorized.
(A)
Except as authorized in this section, it shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(B)
It shall be unlawful to have more than one (1) junked motor vehicle, as defined in Subsection 2-2.138 of the Unified Development Ordinance, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
(C)
It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section.
(D)
Subject to the provisions of Subsection (E), upon investigation, the City building inspector may order the removal of a junked motor vehicle as defined in this Article after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood, or area appearance. The following among other relevant factors may be considered:
(1)
Protection of property values;
(2)
Promotion of tourism and other economic development opportunities;
(3)
Indirect protection of public health and safety;
(4)
Preservation of the character and integrity of the community; and
(5)
Promotion of the comfort, happiness, and emotional stability of area residents.
(E)
Permitted concealment or enclosure of junked motor vehicle:
(1)
One (1) junked motor vehicle, in its entirety, can be located in the rear yard as defined by Subsection 2-2.327 of the Unified Development Ordinance if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. The Enforcement Officer has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of Ordinance No. 1991-14 and must comply with all provisions of the zoning ordinance.
(2)
More than one (1) junked motor vehicle. Any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicle(s) cannot be seen from a public street, alley, public property, or abutting property. A garage or building structure means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.
22-10.5
Removal of abandoned, nuisance, or junked motor vehicles; pre-towing notice requirements. Except as set forth in Subsection 22-10.6 below, an abandoned, nuisance, or junked motor vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the City on a specified date (no sooner than seven (7) days after the notice is affixed). The notice shall state that the vehicle will be removed by the City on a specified date, no sooner than seven (7) days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of the junked motor vehicle that the aesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made to the City Council in writing, heard at a regularly scheduled meeting of the City Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
22-10.6
Exceptions to prior notice requirement. The requirement that notice be given prior to the removal of an abandoned, nuisance, or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice includes:
(A)
Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the City Council hereby determines that immediate removal of such vehicles may be warranted when they are:
(1)
Obstructing traffic;
(2)
Parked in violation of an ordinance prohibiting or restricting parking;
(3)
Parked in a no-stopping or standing zone;
(4)
Parked in loading zones;
(5)
Parked in bus zones; or
(6)
Parked in violation of temporary parking restrictions.
(B)
Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on City-owned property other than streets, alleys, and highways, and on private property such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety, and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard and vehicles causing damage to public or private property.
22-10.7
Removal of vehicles; post-towing notice requirements.
(A)
Any abandoned, nuisance, or junked motor vehicle which has been ordered removed may, as directed by the City, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the City. Whenever such a vehicle is removed, the authorizing City official shall immediately notify the last known registered owner of the vehicle, such notice to include the following:
(1)
The description of the removed vehicle;
(2)
The location where the vehicle is stored;
(3)
The violation with which the owner is charged, if any;
(4)
The procedure the owner must follow to redeem the vehicle; and
(5)
The procedure the owner must follow to request a probable cause hearing on the removal.
(B)
The City shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in Subsections (1) through (5) above, shall also be mailed to the registered owner's last known address, unless this notice is waived in writing by the vehicle owner or his agent.
(C)
If the vehicle is registered in North Carolina, notice shall be given within twenty-four (24) hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within seventy-two (72) hours from the removal of the vehicle.
(D)
Whenever an abandoned, nuisance, or junked motor vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing City official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in Subsections 22-2.7(A)(1) through (5) above.
22-10.8
Right to probable cause hearing before sale or final disposition of vehicle. After the removal of an abandoned vehicle, nuisance vehicle, or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such hearing requests. The magistrate will set the hearing within seventy-two (72) hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. 20-219.11, as amended.
22-10.9
Redemption of vehicle during proceedings. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting bond for double the amount of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this Article.
22-10.10
Sale and disposition of unclaimed vehicle. Any abandoned, nuisance, or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of such a vehicle shall be carried out in coordination with the City and in accordance with Article 1 of Chapter 44A of the North Carolina General Statutes.
22-10.11
Conditions on removal of vehicles from private property. As a general policy, the City will not remove a vehicle from private property if the owner, occupant, or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the City from private property without a written request of the owner, occupant, or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the City building inspector. The City may require any person requesting the removal of an abandoned, nuisance, or junked motor vehicle from private property to indemnify the City against any loss, expense, or liability incurred because of the removal, storage, or sale thereof.
22-10.12
Protection against criminal or civil liability. No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance, or junked motor vehicle, for disposing of such vehicle as provided in this Article.
22-10.13
Exceptions. Nothing in this Article shall apply to any vehicle:
(A)
Which is located in a bona fide "automobile graveyard" or "junkyard" as defined in G.S. 136-143, in accordance with the Junkyard Control Act, G.S. 136-141 et seq.;
(B)
Which is in an enclosed building;
(C)
Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise;
(D)
Which is in an appropriate storage place or depository maintained in a lawful place and manner by the City; or
(E)
Which is a junked motor vehicle, used on a regular basis for business or personal use as a motor vehicle.
22-10.14
Unlawful removal of impounded vehicle. It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the City any vehicle which has been impounded pursuant to the provisions of this Code unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid.
(Ord. No. 2025-O-04, 1-14-2025)
22-11.1
Unlawful Temporary Signs. Temporary signs located within the city limits or within one mile thereof, which are wholly or partially installed or placed on public property or within a public or railroad right-of-way in violation of Article 19 are declared to be an unlawful public nuisance, dangerous and prejudicial to public health, safety, and welfare, and may therefore be summarily abated by the City pursuant to NCGS 160A-193.
22-11.2
Administration. The Planning and Inspections Department of Morehead City shall be responsible for the removal and disposition of unlawful temporary signs as defined in 22-11.1.
22-11.3
Removal of Unlawful Temporary Signs. A designated Enforcement Officer may, without notice, remove any such signs. If the owner of the removed sign can be reasonably determined, such owner will be given written notice of the violation in any manner allowed by 160D-404, including but not limited to hand delivery, email, or first class mail. The notice will inform the owner that, after payment of any fine assessed by the City, the sign(s) may be collected from a designated location within ten days after removal. Any removed signs not timely collected by the owner will be deemed abandoned and may be destroyed. If the owner of removed signs cannot be reasonably identified or if the same identified owner violates the provisions of this ordinance more than once in any 12 month period, the owner will forfeit their right to collect the removed signs and the same may be immediately destroyed.
22-11.4
Remedies Not Exclusive. Remedies provided in this Section shall not be exclusive and any other fines, fees, costs, remedy or other form of enforcement provided by this Article 22, by statute, or by Article 19 of this UDO may apply cumulatively.
(Ord. No. 2021-O-20, § 2, 8-10-2021; Ord. No. 2025-O-04, 1-14-2025)
- NUISANCES AND ABANDONED OR JUNKED MOTOR VEHICLES
22-1.1
[Violations, abatement.] The procedures set forth in Sections 22-7 through 22-9 … shall be in addition to any other remedies that may now or hereafter exist under law for the abatement of public nuisances and shall not prevent the City from proceeding in a criminal action against any person violating such provisions of this Article. The City may choose to abate any public nuisance or violation of the City Code of Ordinances through any of the abatement methods set forth in the City Code or in other local, state or federal law, and nothing contained in this Article shall be construed as limiting, prejudicing or adversely affecting the City's ability to concurrently or consecutively use any of those proceedings as the City may deem are applicable. Proceeding under this section will not preclude the City from proceeding under other sections of this Article. Whenever the enforcement officer determines that any condition exists in violation of the provisions of this Article, he/she may take enforcement action pursuant to this section.
22-1.2
[Enforcement.] Each day that a violation continues or that an order is not obeyed shall constitute a separate and distinct offense. The provisions of this Article and all orders issued pursuant thereto may be enforced also by mandatory or prohibitory injunction or order of abatement from a court of competent jurisdiction or by any other equitable remedy as provided by G.S. 160A-175.
22-1.3
Investigation. The enforcement officer may enter any property or premises at all reasonable hours to perform any duty imposed upon him/her by this Article whenever the enforcement officer has cause to believe a violation of provisions of this Article is occurring, provided that:
(1)
The enforcement officer shall present proper credentials, state the reason for entry and request entry from the owner or occupant.
(2)
The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry and request entry.
(3)
The enforcement officer shall not enter any property or premises not open to the public in the absence of permission to enter, unless an inspection warrant has been issued by a court of competent jurisdiction.
22-1.4
No duty to enforce. Nothing in this Article shall be construed as requiring the City to enforce prohibitions in this Article against all or any properties which may violate the article. In the City's discretion, and as the City's resources permit, this Article may be enforced only as to a limited number of problem properties per year. Nothing in this section or the absence of any similar provisions from any other City law shall be construed to impose a duty upon the City to enforce such other provision of law.
22-1.5
Costs of enforcement. In any civil, criminal or administrative appeal, hearing or action commenced by the City under this Article, the City shall be entitled to recover from the defendant in such action reasonable attorney's fees, costs of suit, any other costs of enforcement, including, but not limited to, inspection costs and cleanup or abatement costs.
22-1.6
Emergency cleanup or abatement. When the City enforcement officer or his/her duly authorized agents or representatives find and determine that the severity of the violation warrants immediate action, he/she may clean up or abate violation thereof. If the enforcement officer or his/her duly authorized agents or representatives present themselves for such purposes and are denied access to, the cost of such cleanup or abatement may be recovered by the City in a civil action. Such emergency cleanup or abatement will not relieve the person from further action which may be taken by the City Council or its duly authorized agents and representatives, including, but not limited to, liability for any violations of this Article or any other applicable provisions of this Article of state law and local ordinances.
22-1.7
Nonemergency abatement by the City. Following determination by the City that a nuisance should be abated by the City, the notices required by law shall be given and a hearing shall be conducted as provided herein (see Sections 22-8 through 22-9). Following abatement, the costs of abatement including those authorized by this Article shall be confirmed by the City Council as provided in the General Statutes of North Carolina and thereafter placed as a lien on the subject property. The proceedings provided by the General Statutes of North Carolina are not exclusive, and the City may abate by all other legal means available to it.
22-1.8
Conclusive notice. Mailing of notice of any hearing or order under this Article 22 to the owners of real property concerned at the owners' names and addresses as shown on the last equalized roll upon which City taxes are collected shall be conclusively deemed to be the proper persons and addresses for mailing of such notices, and the failure of any or all of the addresses to receive the notice shall not invalidate any of the proceedings. Further, the posting of the notice of hearing or order pursuant to this Article shall be conclusively deemed to be adequate notice to any and all occupants, users or possessors of the property or its contents, and the failure of any such occupant, user or possessor to see, read, understand or otherwise receive the notice shall not invalidate any of the proceedings.
22-1.9
Liability. Neither the City, nor any person acting on behalf of the City in the enforcement of this Article, may be held to answer in a civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, junked, lost or stolen vehicle, or other property or materials, or personal property of any kind for the enforcement of this Article.
(Ord. No. 2025-O-04, 1-14-2025)
22-2.1
Every owner and every occupant or other person in control of any building or land in the City limits, or within the extraterritorial jurisdiction, including vacant property, shall keep the same in a clean and orderly condition and shall deposit refuse for collection in accordance with the provisions of this Article and the regulations of the City manager adopted in conformity herewith.
22-2.2
No persons shall throw, drop, or deposit or cause to be thrown, dropped, or deposited on any land in the City's municipal limit, vacant or occupied, including specifically streets, alleys, public areas, including waters adjacent to seawalls and all waters under the jurisdiction of the City, including the extraterritorial jurisdiction of the same, any waste, including, but not limited to, refuse, garbage, ashes, rubbish, dead animals or fish, paper, drinking cups, broken glass, tacks, brush, grass, weeds, and anything injurious or potentially injurious to health. If any person, while transporting or hauling or causing to be transported or hauled such rubbish or material or earth excavation, coal or other material shall throw, drop, or deposit or cause to be thrown, dropped, or deposited such rubbish or material from the body of any vehicle in violation of the provisions of this subsection, such person must daily clean up and remove such rubbish or material in a manner satisfactory to the Enforcement Officer. Upon such owner failing to do so, the City may clean up and remove such rubbish and material and collect the cost of such cleaning up and removal from such persons.
(Ord. No. 2025-O-04, 1-14-2025)
The existence of any of the following conditions: (1) on any lot of one (1) acre or less that is located within an approved subdivision that has not been left in its natural state; and (2) all other lots and tracts would fall under this regulation only if a defined nuisance occurs within one hundred (100) feet of the perimeter property line, unless the nuisance is deemed to be a public health hazard, or is declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance within the corporate limits:
22-3.1
Property maintenance; public nuisances. It is hereby declared to be a public nuisance for any owner or other person in control of any property or premises to keep or maintain property, premises, or rights-of-way in such manner that any of the following conditions are found to exist:
(A)
Accumulation of junk that is determined by the Enforcement Officer to constitute a fire hazard or to be detrimental to human life, health or safety;
(B)
Any accumulation of garbage, rubbish, refuse or recyclable items that is offensive by virtue of odors or vapors or by the inhabitation of therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health; or determined by the Enforcement Officer to constitute a fire hazard or to be detrimental to human life, health or safety;
(C)
Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) which is determined by an Enforcement Officer to constitute a fire or environmental hazard, or to be detrimental to human life, health or safety;
(D)
Swimming pool, pond, spa, other body of water, or excavation which is abandoned, unattended, unsanitary, empty, not securely fenced, or which is determined by the Enforcement Officer to be detrimental to life, health or safety;
(E)
Any premises which detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration, decay, or unreasonably overgrown vegetation, or is unsafe for the purpose for which it is being used or is not secured or is improperly secured and which is determined by the Enforcement Officer to be detrimental to life, health or safety; and
(F)
Any graffiti or marks made by drawing, painting, writing, inscribing, or otherwise defacing any real or personal property without the prior consent of the owner or person in control of the premises.
22-3.2
Responsibility for property maintenance. The owner, occupant, lessee and tenant of any property within the city limits or its extraterritorial jurisdiction shall be responsible for the maintenance of property and premises in a manner consistent with the provisions of this section and other provisions of the Code of Morehead City.
(Ord. No. 2025-O-04, 1-14-2025)
It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any lot or land or any part thereof in the City's municipal limit, or within the City's extraterritorial jurisdiction, to permit or maintain on any such lot or land any growth of weeds, grass or other rank vegetation to a greater height than eight (8) inches on the average, or any accumulation of dead weeds, trees, grass or brush. It shall also be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, cover, overhang or border any public place, or allow the seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
(Ord. No. 2025-O-04, 1-14-2025)
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Sections 22-2 and 22-4.
The Enforcement Officer, upon notice from any person of the existence of any of the conditions described in Section 22-2, or upon his own volition if he sees such conditions, shall cause to be made by the appropriate county health department official or City official such investigation as may be necessary to determine whether, in fact, such conditions exist as to constitute a public nuisance as declared in Section 22-1.
(Ord. No. 2025-O-04, 1-14-2025)
22-7.1
Upon a determination that conditions constituting a public nuisance exist, the Enforcement Officer shall give written notice to the owner, occupant or person in possession of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within fifteen (15) days from the receipt of such written notice. Notice shall be delivered personally or may be mailed, certified mail, return receipt requested, and the date of mailing shall be the date of giving of the notice. If the notice cannot be served in either fashion, service of the notice shall be made by publication once in a newspaper published in the county, and the date of publication shall be the date of notice.
22-7.2
Any person receiving a notice under the provisions of Subsection 22-7.1 above may appeal from the order contained therein by giving written notice of such appeal to the City Manager within ten (10) days of the receipt of the notice from the Enforcement Officer or from the posting thereof, whichever is earlier, or, if the notice is served by publication, within ten (10) days of the publication thereof. All appeals will be heard by the City Manager. The appellant may be represented at such hearing by counsel and may present evidence. Hearings shall be had within thirty (30) days of the date notice of appeal is given and a decision shall be made within ten (10) days following the hearing. The City Manager may affirm, modify or reverse the decision of the Enforcement Officer. During the appeal process, the order of the Enforcement Officer shall be suspended. The order may be served in any manner provided for service of notice in Subsection 22-7.1.
22-7.3
Notwithstanding the provisions of Subsections 22-7.1, 22-7.2 and 22-8.1, the City may notify a chronic violator of the City's nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the City shall, without further notice in the calendar year in which notice has been given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by certified mail.
(Ord. No. 2025-O-04, 1-14-2025)
22-8.1
If any person, having been ordered by the Enforcement Officer or by the City Manager to abate such a public nuisance, fails, neglects or refuses to abate or remove the condition constituting the nuisance within fifteen (15) days from the service of the order, the Enforcement Officer or City Manager shall cause the condition to be removed or otherwise remedied by having employees of the City go upon the premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the City Manager.
22-8.2
Any person who has been ordered to abate a public nuisance may, within the time allowed herein, request the City in writing to remove such condition, the cost of which shall be paid by the person making such request.
(Ord. No. 2025-O-04, 1-14-2025)
22-9.1
The actual cost incurred by the City in removing or otherwise remedying a public nuisance shall be charged to the owner of the lot or parcel of land, and it shall be the duty of the tax collector to mail a statement of such charges to the owner or other person in possession of such premises with instructions that such charges are due and payable within thirty (30) days from the receipt thereof.
22-9.2
If charges for the removal or abatement of a public nuisance are not paid within thirty (30) days after the receipt of a statement of charges, such charges shall become a lien upon the land or premises where the public nuisance existed and shall be collected as unpaid taxes, as provided in G.S. 160A-193.
(Ord. No. 2025-O-04, 1-14-2025)
22-10.1
Administration. The Police Department and the Planning and Inspections Department of Morehead City shall be responsible for administrating the removal and disposition of vehicles determined to be "abandoned" on the public streets and highways within the City and on property owned by the City. The Planning and Inspections Department shall be responsible for administering the removal and disposition of "abandoned," "nuisance," or "junked" motor vehicles located on private property. The City may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles, and junked motor vehicles in compliance with this Article and applicable state laws. Nothing in this Article shall be construed to limit the legal authority or powers of officers of the City police department in enforcing other laws or in otherwise carrying out their duties.
22-10.2
Abandoned vehicle unlawful; removal authorized.
(A)
It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be abandoned as the term is defined in 2-2.1 of the Unified Development Ordinance.
(B)
Upon investigation, proper authorizing officials of the City may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
22-10.3
Nuisance vehicle unlawful; removal authorized.
(A)
It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been determined to be declared a nuisance vehicle as defined in Subsection 2-2.182 of the Unified Development Ordinance.
(B)
Upon investigation, the City building inspector may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed.
22-10.4
Junked motor vehicle regulated; remove authorized.
(A)
Except as authorized in this section, it shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(B)
It shall be unlawful to have more than one (1) junked motor vehicle, as defined in Subsection 2-2.138 of the Unified Development Ordinance, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
(C)
It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section.
(D)
Subject to the provisions of Subsection (E), upon investigation, the City building inspector may order the removal of a junked motor vehicle as defined in this Article after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood, or area appearance. The following among other relevant factors may be considered:
(1)
Protection of property values;
(2)
Promotion of tourism and other economic development opportunities;
(3)
Indirect protection of public health and safety;
(4)
Preservation of the character and integrity of the community; and
(5)
Promotion of the comfort, happiness, and emotional stability of area residents.
(E)
Permitted concealment or enclosure of junked motor vehicle:
(1)
One (1) junked motor vehicle, in its entirety, can be located in the rear yard as defined by Subsection 2-2.327 of the Unified Development Ordinance if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering. The Enforcement Officer has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of Ordinance No. 1991-14 and must comply with all provisions of the zoning ordinance.
(2)
More than one (1) junked motor vehicle. Any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicle(s) cannot be seen from a public street, alley, public property, or abutting property. A garage or building structure means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.
22-10.5
Removal of abandoned, nuisance, or junked motor vehicles; pre-towing notice requirements. Except as set forth in Subsection 22-10.6 below, an abandoned, nuisance, or junked motor vehicle which is to be removed shall be towed only after notice to the registered owner or person entitled to possession of the vehicle. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail. The person who mails the notice(s) shall retain a written record to show the name(s) and address(es) to which mailed, and the date mailed. If such names and addresses cannot be ascertained or if the vehicle to be removed is an abandoned motor vehicle, notice shall be given by affixing on the windshield or some other conspicuous place on the vehicle a notice indicating that the vehicle will be removed by the City on a specified date (no sooner than seven (7) days after the notice is affixed). The notice shall state that the vehicle will be removed by the City on a specified date, no sooner than seven (7) days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles to which notice is required to be given, if the registered owner or person entitled to possession does not remove the vehicle but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of the junked motor vehicle that the aesthetic benefits of removing the vehicle outweigh the burdens, such appeal shall be made to the City Council in writing, heard at a regularly scheduled meeting of the City Council, and further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
22-10.6
Exceptions to prior notice requirement. The requirement that notice be given prior to the removal of an abandoned, nuisance, or junked motor vehicle may, as determined by the authorizing official, be omitted in those circumstances where there is a special need for prompt action to eliminate traffic obstructions or to otherwise maintain and protect the public safety and welfare. Such findings shall, in all cases, be entered by the authorizing official in the appropriate daily records. Circumstances justifying the removal of vehicles without prior notice includes:
(A)
Vehicles abandoned on the streets. For vehicles left on the public streets and highways, the City Council hereby determines that immediate removal of such vehicles may be warranted when they are:
(1)
Obstructing traffic;
(2)
Parked in violation of an ordinance prohibiting or restricting parking;
(3)
Parked in a no-stopping or standing zone;
(4)
Parked in loading zones;
(5)
Parked in bus zones; or
(6)
Parked in violation of temporary parking restrictions.
(B)
Other abandoned or nuisance vehicles. With respect to abandoned or nuisance vehicles left on City-owned property other than streets, alleys, and highways, and on private property such vehicles may be removed without giving prior notice only in those circumstances where the authorizing official finds a special need for prompt action to protect and maintain the public health, safety, and welfare. By way of illustration and not of limitation, such circumstances include vehicles blocking or obstructing ingress or egress to businesses and residences, vehicles parked in such a location or manner as to pose a traffic hazard and vehicles causing damage to public or private property.
22-10.7
Removal of vehicles; post-towing notice requirements.
(A)
Any abandoned, nuisance, or junked motor vehicle which has been ordered removed may, as directed by the City, be removed to a storage garage or area by the tow truck operator or towing business contracting to perform such services for the City. Whenever such a vehicle is removed, the authorizing City official shall immediately notify the last known registered owner of the vehicle, such notice to include the following:
(1)
The description of the removed vehicle;
(2)
The location where the vehicle is stored;
(3)
The violation with which the owner is charged, if any;
(4)
The procedure the owner must follow to redeem the vehicle; and
(5)
The procedure the owner must follow to request a probable cause hearing on the removal.
(B)
The City shall attempt to give notice to the vehicle owner by telephone; however, whether or not the owner is reached by telephone, written notice, including the information set forth in Subsections (1) through (5) above, shall also be mailed to the registered owner's last known address, unless this notice is waived in writing by the vehicle owner or his agent.
(C)
If the vehicle is registered in North Carolina, notice shall be given within twenty-four (24) hours. If the vehicle is not registered in the state, notice shall be given to the registered owner within seventy-two (72) hours from the removal of the vehicle.
(D)
Whenever an abandoned, nuisance, or junked motor vehicle is removed, and such vehicle has no valid registration or registration plates, the authorizing City official shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him of the information set forth in Subsections 22-2.7(A)(1) through (5) above.
22-10.8
Right to probable cause hearing before sale or final disposition of vehicle. After the removal of an abandoned vehicle, nuisance vehicle, or junked motor vehicle, the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such hearing requests. The magistrate will set the hearing within seventy-two (72) hours of receipt of the request, and the hearing will be conducted in accordance with the provisions of G.S. 20-219.11, as amended.
22-10.9
Redemption of vehicle during proceedings. At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting bond for double the amount of such fees and charges to the tow truck operator or towing business having custody of the removed vehicle. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this Article.
22-10.10
Sale and disposition of unclaimed vehicle. Any abandoned, nuisance, or junked motor vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of such a vehicle shall be carried out in coordination with the City and in accordance with Article 1 of Chapter 44A of the North Carolina General Statutes.
22-10.11
Conditions on removal of vehicles from private property. As a general policy, the City will not remove a vehicle from private property if the owner, occupant, or lessee of such property could have the vehicle removed under applicable state law procedures. In no case will a vehicle be removed by the City from private property without a written request of the owner, occupant, or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the City building inspector. The City may require any person requesting the removal of an abandoned, nuisance, or junked motor vehicle from private property to indemnify the City against any loss, expense, or liability incurred because of the removal, storage, or sale thereof.
22-10.12
Protection against criminal or civil liability. No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, nuisance, or junked motor vehicle, for disposing of such vehicle as provided in this Article.
22-10.13
Exceptions. Nothing in this Article shall apply to any vehicle:
(A)
Which is located in a bona fide "automobile graveyard" or "junkyard" as defined in G.S. 136-143, in accordance with the Junkyard Control Act, G.S. 136-141 et seq.;
(B)
Which is in an enclosed building;
(C)
Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise;
(D)
Which is in an appropriate storage place or depository maintained in a lawful place and manner by the City; or
(E)
Which is a junked motor vehicle, used on a regular basis for business or personal use as a motor vehicle.
22-10.14
Unlawful removal of impounded vehicle. It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the City any vehicle which has been impounded pursuant to the provisions of this Code unless and until all towing and impoundment fees which are due, or bond in lieu of such fees, have been paid.
(Ord. No. 2025-O-04, 1-14-2025)
22-11.1
Unlawful Temporary Signs. Temporary signs located within the city limits or within one mile thereof, which are wholly or partially installed or placed on public property or within a public or railroad right-of-way in violation of Article 19 are declared to be an unlawful public nuisance, dangerous and prejudicial to public health, safety, and welfare, and may therefore be summarily abated by the City pursuant to NCGS 160A-193.
22-11.2
Administration. The Planning and Inspections Department of Morehead City shall be responsible for the removal and disposition of unlawful temporary signs as defined in 22-11.1.
22-11.3
Removal of Unlawful Temporary Signs. A designated Enforcement Officer may, without notice, remove any such signs. If the owner of the removed sign can be reasonably determined, such owner will be given written notice of the violation in any manner allowed by 160D-404, including but not limited to hand delivery, email, or first class mail. The notice will inform the owner that, after payment of any fine assessed by the City, the sign(s) may be collected from a designated location within ten days after removal. Any removed signs not timely collected by the owner will be deemed abandoned and may be destroyed. If the owner of removed signs cannot be reasonably identified or if the same identified owner violates the provisions of this ordinance more than once in any 12 month period, the owner will forfeit their right to collect the removed signs and the same may be immediately destroyed.
22-11.4
Remedies Not Exclusive. Remedies provided in this Section shall not be exclusive and any other fines, fees, costs, remedy or other form of enforcement provided by this Article 22, by statute, or by Article 19 of this UDO may apply cumulatively.
(Ord. No. 2021-O-20, § 2, 8-10-2021; Ord. No. 2025-O-04, 1-14-2025)