(A) Administrator. The Department shall appoint personnel to administer and enforce the terms and conditions of these standards and all other provisions relating to signs.
(B) Department powers. The Department shall have the power and authority to administer and enforce these standards. Included among such powers are the following specific powers:
(1) The Department shall issue permits, as required by these standards. The Department shall also ensure that signs comply with these standards and any other applicable law.
(2) Every sign for which a permit is required shall be subject to the inspection and approval of the Department. Upon presentation of proper identification to the sign owner or owner's agent, the Department may enter the sign area for purposes of inspecting the sign, sign structure, and any fasteners securing the sign to a building or support. In cases of emergency, where imminent hazards to persons or property are known to exist, and where the sign owner, or owner's agent, is not readily available, the Department may enter the sign area for purposes of inspection or remediation. When on private property, the Department shall observe rules and regulations concerning safety, internal security, and fire protection. If the Department is denied admission to inspect any sign, inspection shall be made only under authority of a warrant issued by a court of proper jurisdiction. When applying for such warrant, the Department shall submit an affidavit setting forth a belief that a violation of these standards exists with respect to a particular sign, and the reasons for forming this belief The affidavit shall designate the place and name of the person believed to own or possess the sign. If the court finds probable cause exists for the search of the sign, and supporting structures, then a warrant authorizing the search shall be issued. The warrant shall describe the property with sufficient certainty to identify the same. This warrant shall constitute authority for the Department to enter the sign area and to inspect the property.
(3) Upon issuance of a stop order from the Department, work on any sign that is being conducted in any manner contrary to these standards shall be immediately stopped. This notice and order shall be in writing and shall be given to the owner of the parcel, the sign owner, or to the person performing the work. The stop order shall state the conditions under which work may be resumed. The city Police Department shall have authority to enforce a stop order.
(4) The Department has the authority to revoke any permit authorized by these standards if the sign violates these standards or another law, provided that the Department shall offer the sign owner an opportunity to be heard. The person whose permit is under consideration shall be given at least ten days' written notice of the time, place, and reason for the hearing. The sign owner and/or person identified in the permit shall be permitted to present relevant facts and legal argument concerning the pending revocation. Following this hearing, the Department shall consider the merits of the case and shall present a written opinion prior to any action. If, however, the Department believes the health, safety, or welfare of the citizens is endangered by any violation of these standards, the Department may immediately revoke any sign permits.
(5) A sign installed after the effective date of these standards, and not conforming to these standards, shall be removed by the owner. The sign owner shall not be entitled to compensation for the sign removal and shall reimburse the Department for any costs incurred in connection with the removal.
(6) Any person, firm or corporation, agent employee, or contractor of such who violates, disobeys, omits, neglects, or refuses to comply with or who resists enforcement of any provisions of this subchapter, shall be guilty of a Class C misdemeanor and shall, upon conviction, be punished by a fine of not less than $25 dollars nor more than $500 for each offense, together with the costs of prosecution. Each day on which a violation occurs shall constitute a separate offense. In addition, the City Attorney is authorized to take all action, legal, injunctive and equitable, to assure compliance with these standards.
(C) Variances. The Zoning Board of Appeals shall have the power to hear and act upon applications for a variance where there are practical hardships in the manner of carrying out the strict letter of any provisions of these standards. If a variance is granted, it shall be the least possible deviation from the requirements of these standards. In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with these standards. Violations of the provisions of the variance granted, including any conditions or safeguards that are a part of the grant of the variance, shall be deemed a violation of these standards. Variances may be issued upon finding that an application meets the following requirements:
(1) If the applicant complies strictly with the provisions of these standards, the applicant can make no reasonable use of the sign allowed; and
(2) If the hardship of which the applicant complains is unique, or nearly so, and is suffered by the applicant rather than by owners of surrounding properties or the general public; and
(3) If the hardship relates to the applicant's land (such as the size, shape, topography, terrain, ideation or surroundings of the site) rather than in personal circumstances or the type of business; and
(4) If the hardship is not a result of the applicant's own actions; and
(5) If the variance is in harmony with the general purpose and intent of these standards and preserves its spirit and if the variance secures the pubic safety and welfare and does substantial justice.
(D) Right of appeal. Any person aggrieved by any ruling of any person charged with the administration of these standards may take an appeal to the Zoning Board of Appeals. An appeal of a decision shall be taken within 30 days after such decision is made.
(E) Jurisdiction. Appeals taken from requests relating to construction shall be filed with the Building Department and shall be subject to the procedures established by the Building Department, and are not subject to the provisions of this section. The Zoning Board of Appeals (hereinafter referred to as the Board), is hereby vested with the following jurisdiction and authority:
(1) To hear and decide appeals from and review any order, requirement, decision or determination made by any person charged with the administration of these standards, except appeals relating to construction issues. The Board may reverse or affirm, wholly or in part, or may modify or amend the order, requirement or decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper on the premises, and to that end, the Board shall also have all the power of the officer from whom the appeals are taken.
(2) To hear and decide all matters referred to it or upon which it is required to pass under these standards.
(3) To hear and pass upon applications for variances from a strict application of the terms of these standards as set forth in division (C) above.
(Ord. 570, passed 2-26-07)