§ 14-7. Failure to remove obstructions

(a) Abatement. If any owner fails to remove such obstruction or encroachment within the time limit provided in section 14-6 the town may remove such obstruction or encroachment and the owner of such obstruction or encroachment shall pay to the town the actual cost of the removal of such obstruction or encroachment in addition to any penalty. The cost of such removal, if not paid, shall constitute a lien against the property.

(b) Supervision. All maintenance and repairs of public streets, right-of-way, alleys, sidewalks and other public ways shall be under the supervision of public works superintendent and the commissioner of public works. The building inspector shall be charged with the enforcement of all ordinance provisions relating to such public places (except traffic ordinances) and the building inspector is hereby authorized and charged to enforce this section.

(c) Encroachments. It shall be unlawful to erect or maintain any building or structure which encroaches upon any public street, right-of-way or property; excepting therefrom mail and newspaper boxes which shall be placed within four (4) feet from the property line.

(d) Planting. It shall be unlawful to plant any tree, shrubs, flowers, or bushes of any type on any public street, right-of-way, property or public place without having first obtained a permit from the building inspector/code enforcement officer who shall require the adjoining landowner to execute an agreement with the town that the public property shall remain the public's property and that such landowner shall maintain the right-of-way adjoining the landowner; that the permit issued by the building inspector/code enforcement officer shall not be an open permit for planting; that is, each planting shall require approval of the building inspector/code enforcement office.

(e) Removals. Any tree, shrub, flower or bush presently located upon the public street, right-of-way, or other public place shall be immediately removed. Failure of the owner to comply within ten (10) days of written notification, the public works superintendent is authorized to remove such trees, shrubs, flowers or bushes and the costs thereof shall be borne by the owner of the abutting premises.

(f) Forbidden objects. It shall be unlawful for any person or corporation to have upon the right-of-way or public place within the Town of Kure Beach any rock gardens, boulders, walls, benches, fences, holly trees, cactus, yucca plants or any bushes or plants that are poisonous or which have sharp edges or points.

(g) Existing encroachments. Any encroachments which presently exist upon this passage of this section and which is in violation of subsections (d), (e) and (f) above shall be brought into immediate compliance with this section.

(h) Penalty. Any violation of the above sections may culminate in the revocation of any issued permit by the building inspector/code enforcement officer or the adjoining landowner may be subjected to a civil penalty as set out in section 1-15 of this Code or both.

(Code 1973, § 23-20; Ord. of 5-31-88; Ord. of 8-17-93; Ord. of 9-20-94; Ord. of 10-7-94; Ord. of 7-21-98)