19A NCAC 02E .0212      NOTICE GIVEN FOR REVOKING PERMIT

(a)  Prior to the revocation of an outdoor advertising permit, the District Engineer's office shall send the permit holder a notice of violation by certified mail of the alleged violation under Rule .0210 of this Section. The permit holder shall bring the sign into compliance, if permissible by these Rules, within 30 days of receipt of the notification, or provide information concerning the alleged violation to the District Engineer's office to be considered prior to the revocation. The District Engineer's office shall consider the information provided by the permit holder prior to any revocation of a permit.

(b)  If the permit holder does not bring the sign into compliance after 30 days, if permissible by these Rules, and the District Engineer determines that a violation has occurred as set forth in Rule .0210 of this Section, he or she shall send the permit holder a notice of revocation by certified mail, return receipt requested. The notification shall include the following information:

(1)           the factual and statutory or regulatory basis for the revocation;

(2)           a copy of the rules of this Section; and

(3)           a statement that is unlawful and a nuisance in accordance with G.S. 136-134.

(c)  Upon receipt of the notice of revocation, the permit holder shall either remove or bring the outdoor advertising structure into compliance with the Outdoor Advertising Act and rules of this Section within 30 days. If the permit holder or site owner fails to do so, the Department shall remove the outdoor advertising structure at the expense of the permit holder.

(d)  An outdoor advertising structure cannot be made to conform to the Outdoor Advertising Control Act or these Rules when the permit is revoked under 19A NCAC 02E .0210(2), (3), (11), or (12).

History Note:        Authority G.S. 136‑130; 136‑134;

Eff. July 1, 1978;

Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981;

Readopted Eff. January 1, 2021.