19A NCAC 02E .0226. ORDER TO STOP WORK ON UNPERMITTED OUTDOOR ADVERTISING

(a)  If outdoor advertising is under construction and the Department determines that a permit has not been issued for  the outdoor advertising as required under the provisions of this Chapter, the District Engineer may require that all work on the sign cease until the sign owner shows that the sign does not violate the provisions of this chapter.  The order to cease work shall be in writing and prominently posted on the outdoor advertising structure, and no further notice of the stop work order is required.  The failure of a sign owner to comply immediately with the stop work order shall subject the outdoor advertising structure to removal by the Department of Transportation or its agents.

(b)  For purposes of this rule only, outdoor advertising is under construction when it is in any phase of construction prior to the attachment and display of the advertising message in final position for viewing by the traveling public.

(c)  The cost of removing outdoor advertising by the Department of Transportation or its agents shall be assessed against the sign owner.

(d)  No stop work order may be issued when the Department of Transportation process agent has been served with a court order allowing the sign to be constructed.  The District Engineer shall consult with the Outdoor Advertising coordinator to determine whether such an order has been served on the Department.

 

History Note:        Authority G.S. 136-130; 136-133;

Temporary Adoption Eff. November 16, 1999;

Eff. August 1, 2000.