If, within ten days of the date of the mailing of the notice described in § 10.05.01 the party fails to bring the sign into compliance with this ordinance, fails to remove the sign or fails to provide to the town any evidence of the party’s good faith effort to do either, then the party shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of $100 per day, per violation, retroactive to the date of mailing of the violation notice and any or all of the following.
(A) Abatement. In case any sign is erected, constructed, reconstructed, altered, repaired, converted or continued in violation of this ordinance, the town, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction or mandamus, or other appropriate action or proceeding to prevent or abate such violations.
(B) Impoundment of signs.
(1) The town shall have the authority to remove and impound any sign, without further notice, where such sign is not in compliance with this ordinance, and:
(a) After ten days of the mailing of notification of a violation, the owner has failed to remove the sign or bring it into compliance with this ordinance, or has failed to provide the town with the evidence of a good faith effort to make such removal or compliance: or
(b) The sign is placed within any street, state road or highway right-of-way or other right-of-way, or attached to trees, fence posts, telephone and/or utility poles, and other than natural features.
(2) The town shall impound such signs for a period of ten days. The owner of a sign impounded may recover it upon payment of $50 for each sign, prior to the expiration of the ten-day impoundment period. In the event a sign is not claimed within ten days of its impoundment, the town shall have the authority to dispose of such sign.
(3) In the event a violating sign requires special resources for its removal and impoundment, the town, or independent contractor secured by the town, shall remove the sign and the resulting charges shall be assessed to the owner and/or lessee.
(C) Revocation of privilege license. Pursuant to the town code Chapter 4, the Board of Aldermen may revoke any privilege license upon the finding by the Board that the licensee has willfully or persistently violated any section of this ordinance or other ordinance of the town or laws of the state. Any such licensee shall be entitled to a hearing upon reasonable notice before his or her license shall be revoked, and the findings of the Board of Aldermen as a result of such hearing shall be final and conclusive.
(Ord. passed 11-2-2011)