Skip to code content (skip section selection)
Compare to:
Asheville Overview
Asheville, NC Code of Ordinances
Asheville, Standard Specifications and Details Manual
Loading...
Sec. 7-18-5. Summary removal of signs/sign structure; remove orders for signs/sign structure.
(a)   Pursuant to N.C. Gen. Stat. § 160A-193, the city shall have the authority to summarily remove, abate, or remedy a sign or sign structure which the city determines to be dangerous or prejudicial to the public health or safety. The expense of the action shall be paid by the sign owner, or if the sign owner cannot be ascertained, by the property owner, and if not paid, there shall be a lien placed upon the land or premises where the nuisance arose, and it shall be collected as unpaid taxes.
(b)   Pursuant to N.C. Gen. Stat. §§ 160A-193 and 160A-296, any signs or sign structures prohibited under subsections 7-13-3(1) and (2) are hereby declared to be a public health nuisance in that they are dangerous or prejudicial to the public health or public safety and the sign administrator shall have the authority to remove summarily the sign and/or sign structure.
(c)   The sign administrator shall have the authority to issue a remove order for any sign not repaired or brought into compliance within the time prescribed by a notice of violation. Remove orders shall be issued to and served upon the sign/sign structure owner, or if the sign/sign structure owner cannot be ascertained, to and upon the property owner by the means set forth in subsection 7-18-3(b). The sign or sign structure shall be removed 30 days after the service of the remove order at the expense of the offender. The remove order shall describe with particularity the location of the sign or sign structure to be removed and the reason(s) for issuance of the remove order, including specific reference to the provisions of article XII of this chapter which have been violated.
(d)   In the event of failure to comply with the requirements of a remove order, the sign administrator may cause such sign or sign structure to be removed. The sign owner and property owner may be jointly and separately liable for the expense of removal. Notice of the cost of removal shall be served as set forth in subsection 7-18-3(b). If said sum is not paid within 30 days thereafter, said sum may be collected by the city in a civil action in the nature of debt, which shall not subject the offender to the penalty provisions of N.C. Gen. Stat. § 14-4.
(Ord. No. 2618, § 1(d), 9-28-99)
Sec. 7-18-6. Injunctive relief and other remedies.
(a)   Injunctive or other relief. In addition to, or in lieu of, the other remedies set forth in this article, the planning and development director or other city official charged with the duty of enforcing the regulations of this chapter, in the event of a violation of this chapter, may request that the city attorney institute in a court of competent jurisdiction an injunctive action, mandamus action, or other appropriate proceeding to prevent the completion or occupation of such building or structure, or use of land. Upon determining that an alleged violation is occurring or is threatened, a court hearing an appeal for relief, shall enter such orders and/or judgments as are necessary to abate or prevent the violation. The institution of an action for injunctive or other relief under this section shall not relieve any party to such proceeding from any civil or criminal penalty prescribed by this article for violations of this chapter.
(b)   Stop work orders. Stop work orders may be issued pursuant to N.C.G.S. § 160D-404(b), whenever any work or activity subject to regulations pursuant to this chapter or other applicable local development regulation or any state law delegated to the local government for enforcement purposes in lieu of the state undertaken in substantial violation of any state or local law, or in a manner that endangers life or property, staff may order the specific part of the work or activity to be stopped, the reasons thereof, and the conditions under which the work or activity may be resumed. The city shall send the stop work order in writing pursuant to section 7-18-3(b)(2) above. Violation of a stop work order shall constitute a Class 1 misdemeanor pursuant to N.C.G.S. § 160D-404(b).
(c)   Revocation of permits. In the event of a violation of any regulation of this chapter, the planning and development director, or any other city official charged with the duty of enforcing the regulations of this chapter, may stop any development of, use of or activity on property by the revocation of applicable permits. Prior to revocation of permits the development approval holder must be notified in writing stating the reason for the revocation and the revocation shall follow the same development approval and review process required for issuance of the development approval, including the notice requirements. Any action under this section must not be inconsistent with N.C.G.S. § 160D-403(f).
(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2618, § 1(b), 9-28-99; Ord. No. 4837, § 1(t), (u), 10-27-20)
ARTICLE XIX. TREE CANOPY PRESERVATION.
Sec. 7-19-1. Applicability.
(1)   The requirements of this article shall apply to any of the following development activities:
(a)   Single family residential.
1.   Any major or minor subdivision of land.
2.   Removal of trees within any steep slope zone or an aquatic buffer.
(b)   Multifamily residential and non-residential.
1.   Any major or minor subdivision of land.
2.   New building construction.
3.   New open uses of land.
4.   Expansion of existing buildings by over 25% of the existing floor area, or 10,000 square feet, whichever is less.
5.   Expansion of open uses of land by over 25% of the existing open use area or 20,000 square feet, whichever is less.
(2)   Exemptions.
(a)   Publicly funded transportation projects including but not limited to greenways, roads and sidewalks;
(b)   Portions of projects containing:
1.   Any existing or proposed easements, required by the utility companies or governing agency;
2.   Existing railroad rights of way or easements.
(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)
Loading...