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Zoning Code Enforcement
The Zoning Code Enforcement Office of the Planning Department is responsible for ensuring compliance with the city code and the Unified Development Ordinance. This includes addressing violations related to structures and properties, as well as public nuisances such as the abatement of overgrown grass and weeds, the removal of abandoned, nuisance, and junked cars within the city and other public nuisances.
Making a Complaint
To make a complaint about either of these conditions, please click HERE and fill out the form. Upon receipt of a complaint, an inspection of the property will be made. If the property is determined to be in violation of the city’s ordinance, the property owner will be contacted via mail. The property owner will be given 10 days to abate the violation.
- Weed Abatement Ordinance
- Notice of Violation and Remedy
- How to Respond to a Notice of Grass and Weed Violation
According to Part II, Chapter 12, Article IV of the Code of Ordinances for the City of Kinston entitled "Weeds":
It shall be unlawful for any person owning, occupying or having in his possession...any undeveloped lot or parcel of land in the city to permit to exist...any uncut or uncontrolled growth of noxious weeds, vegetation, grasses or bushes to a height in excess of twelve (12) inches which may cause or threaten to cause infestation by rats, mice, snakes or vermin of any kind, which constitutes a fire hazard or which in any other way is noxious, dangerous, detrimental or prejudicial to the public health or safety.
and
It shall be unlawful for any person owning, occupying or having in his possession ...any developed lot or parcel of land in the city to permit to exist...any uncut or uncontrolled growth of noxious weeds, vegetation, grasses or bushes to a height in excess of six (6) inches.
Summary: Vacant lots must be kept under 12" of grass/weeds while developed lots must be kept under 6". Please view the following videos for more information.
Meet Lenny the Lawn and Learn About Grass-cutting City Ordinances.
What To Do When Your Neighbor's Grass Is Too High
Code Enforcement Complaint Form: Watch Easy Step-By-Step Guide
Notice of Violation
To make a complaint about either of these conditions, please click HERE and fill out the form. Upon receipt of a complaint, an inspection of the property will be made. If the property is determined to be in violation of the city’s ordinance, the property owner will be contacted via mail. The property owner will be given 10 days to abate the violation.
Remedy
If, after 10 days the owner has not addressed the condition, the city will contract the services. All the costs and expenses of the abatement will be a subject of civil action by the city against the owner of the property.
Lein
If the costs of abating the condition is not paid within 30 days of demand, the costs and expenses of the abatement will become a lien on the affected property. The amount of the lien shall be added to the tax roll and collected as unpaid taxes.
Summary: Upon receiving a complaint, the property owner is given a 10-day period to address the violation on their property. Should the owner fail to do so within this timeframe, the city will contract a third-party professional service provider to perform the abatement. In the event that the owner does not settle the expenses, the incurred costs will be recovered as unpaid taxes.
At this time the city does not have the staff to perform the work of private property abatements; therefore, if not addressed by the property owner, the city will contract the services out. This may add additional time to the settlement of the abatement.
If you receive a notice that your property is in violation of grass and weed ordinances, call the number on the notice or the Zoning Code Enforcement Office at 252-939-4022. Staff members will be able to help you determine what needs to be done to remove the condition and may extend the deadline for infrequent offenders or property owners under extenuating circumstances.
- Abandoned, Nuisance, and Junk Car Ordinance
- Notice of Violation and Remedy
- How to Respond to a Vehicle Violation Notice
According to Part II, Chapter 15, Article III of the Code of Ordinances for the city of Kinston entitled "Removal and Disposition of Abandoned, Nuisance, and Junked Motor Vehicles":
- Abandoned Vehicles
- a car left on the right of way in a public street or highway in violation of a law or ordinance prohibiting parking
- Is left on the right-of-way of a public street or highway for longer than seven (7) days
- Is left on city-owned property longer than twenty-four (24) hours
- Is left on private property without consent for longer than two (2) hours
- Nuisance vehicle
- A point of growth for pests, collection of water, and heavy growth of weeds over (8) inches
- So situated or located that there is a danger of it falling or turning over;
- One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or
- Any other vehicle specifically declared a health and safety hazard and a public nuisance by the city council.
- **The above are only a selection. For the full definition see the appropriate section of the ordinance
- Junked vehicle
- a vehicle that does not display a current license plate lawfully upon that vehicle, AND that
- Is partially dismantled or wrecked;
- Cannot be self propelled or moved in the manner in which it originally was intended to move; OR
- Is more than five (5) years old and appears to be worth less than one hundred dollars ($100.00).
- a vehicle that does not display a current license plate lawfully upon that vehicle, AND that
Notice of Violation
Notice shall be given to the vehicle owner by affixing a notice on the windshield or some other conspicuous place on the vehicle. If the name and address of the owner can be found, the notice will also be sent by mail. The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than seven (7) days after the notice is affixed or mailed, unless the vehicle is moved by the owner or legal possessor prior to that time.
Property owners may appeal the notice of violation by submitting an appeal application to be heard by the Board of Adjustment within a reasonable amount of time. The application and fee should be submitted to the City of Kinston Clerk's Office. Further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
Exceptions to Providing Notice
The requirements for giving notice may be shortened in circumstances where the vehicle is dangerous to public safety and welfare, including:
- obstructing traffic
- restricting access to private property or businesses
- restricting parking
- parked in restricted zones (loading, bus, fire lane, etc)
Remedy
If, after seven (7) days or the date stated on the notice the property owner has not removed the vehicle, the city may send a tow truck operator to remove the vehicle. The city will immediately notify the last known registered owner of the vehicle including the description of the vehicle, where the vehicle is being stored, and the procedure to redeem the vehicle
The vehicle owner is responsible for the costs of the removal and storage of the vehicle.
Summary: Seven days after a notice, vehicles can be towed and the cost transferred to the car owner.
Please wait at least 10 days to see complaints addressed.
If you have received a notice that a vehicle you own is in violation of the abandoned, nuisance, or junk car ordinance, call the number on the notice or the Zoning Code Enforcement Office at 252-939-4022. Staff will be able to explain what must be done to remedy the situation and may extend the timeline for infrequent offenders or those under extenuating circumstances.
Before the Vehicle is Removed
You may also be able to work with the towing operator that works with the city to move your car to a better location.
If you feel the determination that the vehicle violated the ordinance is incorrect, you may appeal the decision with the Board of Adjustment. Information about the Board of Adjustment can be found on the Planning Department page.
After the Vehicle is Removed
At any point you may redeem the vehicle by paying the towing fee and storage charges that have accumulated since the removal of the vehicle.
After the removal of the vehicle, the owner is entitled to a hearing for determining whether probable cause existed for removing the vehicle. A hearing must be filed in writing with the county magistrate to for such a request.