(A) A violation of this chapter shall constitute a municipal civil infraction as set forth in § 32.01 et seq. of the Village Code. In addition, any sign which is located, erected, altered or maintained in violation of any of the provisions of this chapter is hereby declared to be a nuisance per se. If the Village Clerk or his or her designee orders such violations to be abated and such order is not obeyed, the Village Clerk may apply to any court of competent jurisdiction to restrain the person against whom his or her order was directed from such disobedience in violation; any such violation may be punished by the applicable penalties as provided in § 32.01 et seq. or by utilizing remedies described in divisions (C)(1) and (2) below.
(B) Compliance with the provisions of this chapter shall be the responsibility of the owners of the real property upon which the sign is located and such other persons as are responsible for the creation, existence or maintenance of the violation condition.
(C) Remedies. Unsafe signs and other violations.
(1) Unsafe signs. When any sign becomes unsafe and an immediate danger, the owner or lessee shall make such sign conform to the provisions of this chapter, abate such condition or cause the sign to be removed with 24 hours of receipt of a written notice from the Village Clerk or his or her designee. If the order is not complied with within 24 hours, the Village Clerk or his or her designee may abate such condition or remove sign at the expense of the owner or lessee. If such expense is not paid, the village shall have a lien on the property and such cost shall be added to the tax bill for property.
(2) Other violations. Signs must conform to all provisions of this chapter. In the event of a violation of any provisions of this chapter and the condition is not an unsafe sign governed by section § 98.07(C)(1) above, the Village Clerk or his or her designee shall give written notice specifying the violation to the responsible parties as specified in § 98.07(B) to conform to the provisions of this chapter or to remove the sign. Such written notice shall be sent by U.S. First Class Mail. Such notice shall provide to the responsible party that a continued violation may result in a municipal civil infraction citation and a violation will be adjudicated by the Michigan District Court with jurisdiction for the Village at the time of the violation. In the event the violation is not abated within 21 days from the date of the notice and without a good faith effort to comply acceptable to the village and there has not been an appeal of the decision, the Village Clerk or his or her designee may revoke the sign permit, abate the condition, or remove such sign at the expense of the owner or lessee. If such expense is not paid, the village shall have a lien on the property and such cost shall be added to the tax bill for the property.
(Ord. 246, passed 1-22-18)