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Kill Devil Hills, NC Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
Improved and unimproved lots
Notice period
7 days to remove litter
Notice method
Return-receipt mail or hand delivery
Repeat exposure
Each 24 hours = new violation
Enforcing dept.
Public Services Department

Summary

In the Town of Kill Devil Hills, North Carolina, the litter ordinance reaches vacant, unimproved parcels the same as built lots: if trash piles up on an unimproved property or the right-of-way beside it, the town gives the owner seven days' written notice to clear it before treating the mess as an abatable nuisance.

(A) It shall be unlawful to litter in the town. If the town determines that there is litter upon a property or within the street right-of-way adjacent to an improved or unimproved property, the property owner shall be notified by return-receipt mailed or hand-delivered written notification and given seven days to remove the litter from the property or right-of-way. In the event the litter is not removed and abated within the allotted seven-day period, the litter shall become a nuisance and the town shall proceed to abate the nuisance in accordance with the provisions of § 10.99. ... (B) Upon a property owner's failure to abate the nuisance within the time set forth above, the owner of the improved or unimproved property shall be in violation of the town code and subject to the civil and criminal penalties set forth in the town code. Each 24-hour period that the nuisance remains unabated after notice to the property owner shall constitute a separate violation.

Full Breakdown

03, part of the solid waste chapter, is the section that reaches vacant and unimproved parcels directly: subsection (A) makes it unlawful to litter anywhere in town, and it expressly covers litter 'upon a property or within the street right-of-way adjacent to an improved or unimproved property,' language that puts undeveloped, unbuilt lots on the same footing as occupied ones. Once the town identifies litter on a vacant lot or the road frontage next to it, the Public Services Department sends the owner return-receipt mail or a hand-delivered written notice, and the owner then has seven days to remove it.

06. 03(B) makes clear the vacant-lot owner faces the same exposure as anyone else: failing to abate within the notice period is a violation of the town code subject to civil and criminal penalties, and each 24-hour period the litter remains is charged as a separate violation, so a lot left unattended for weeks can rack up repeated citations rather than a single fine.

Violations & Fines

Litter left on a vacant or unimproved lot after the seven-day notice under § 50.03 becomes a nuisance, and each 24-hour period it remains unabated is a separate violation, exposing the owner to civil and criminal penalties under the town code, including the § 10.99 civil penalty scale of $50 to $500 per day. Persistent lots can also be abated by the town and billed to the owner under Chapter 93's nuisance-abatement procedure.

Frequently Asked Questions

Does the litter ordinance apply to an empty, undeveloped lot?
Yes. Town Code § 50.03(A) covers litter 'upon a property or within the street right-of-way adjacent to an improved or unimproved property,' so a vacant parcel is treated the same as a built one. If the town finds litter there, the owner gets written notice and seven days to clear it before the town treats it as a nuisance.
How much time do I have to clean up a vacant lot after notice?
Seven days from the return-receipt mailed or hand-delivered notice under § 50.03(A). If the litter is not removed within that period it becomes a nuisance the town can abate, and § 50.03(B) makes every following 24-hour period a separate violation, so delay multiplies the exposure rather than resetting the clock.
Can weeds on a vacant lot be handled the same way?
Not under this section. Kill Devil Hills' weed and grass height limit in § 93.01(A) applies specifically to improved sites; the litter rule in § 50.03 is what reaches unimproved property, covering trash, debris and right-of-way litter rather than grass height on a lot that has not been developed.

Sources & Official References

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