§ 136-134. Illegal advertising. - North Carolina Statutes

§136‑134.  Illegal advertising.

Any outdoor advertisingerected or maintained adjacent to the right‑of‑way of theinterstate or primary highway system after the effective date of this Articleas determined by G.S. 136‑140, in violation of the provisions of thisArticle or rules adopted by the Department of Transportation, or any outdooradvertising maintained without a permit regardless of the date of erectionshall be illegal and shall constitute a nuisance. The Department ofTransportation or its agents shall give 30 days' notice to the owner of theillegal outdoor advertising with the exception of the owner of unlawfulportable outdoor advertising for which the Department of Transportation shallgive five days' notice, if such owner is known or can by reasonable diligencebe ascertained, to remove the outdoor advertising or to make it conform to theprovisions of this Article or rules adopted by the Department of Transportationhereunder. The Department of Transportation or its agents shall have the rightto remove the illegal outdoor advertising at the expense of the owner if theowner fails to remove the outdoor advertising or to make it conform to theprovisions of this Article or rules issued by the Department of Transportationwithin 30 days after receipt of such notice or five days for owners of portableoutdoor advertising. The Department of Transportation or its agents may enterupon private property for the purpose of removing the outdoor advertisingprohibited by this Article or rules adopted by the Department of Transportationhereunder without civil or criminal liability. The costs of removing theoutdoor advertising, whether by the Department of Transportation or its agents,shall be assessed against the owner of the illegal outdoor advertising by theDepartment of Transportation. Any person aggrieved by the decision declaringthe outdoor advertising structure illegal shall be granted the right to appealthe decision in accordance with the terms of the rules and regulations enactedby the Department of Transportation pursuant to this Article to the Secretaryof Transportation who shall make the final decision on the agency appeal. (1967,c. 1248, s. 9; 1973, c. 507, s. 5; 1975, c. 568, s. 12; 1977, c. 464, ss. 7.1,32; 1999‑404, s. 2.)