(a) Abandoned Signs.
(1) Except as otherwise provided in this chapter, any on-premises sign which is located on property which use becomes vacant and unoccupied for a continuous period of ninety (90) days or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to be abandoned.
(2) Permanent signs applicable to a business temporarily vacant because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a continuous period of ninety (90) days. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises
(b) Dangerous or Defective Signs. No persons shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises.
(c) Removal of Signs by the Property Owner. When a property owner, or anyone acting on behalf of a property owner, voluntarily removes any sign or supporting structure, the building or ground upon which the sign had been mounted or installed shall be restored to its original condition.
(d) Removal of Signs in Violation of the Zoning Code by the City.
(1) The Building Commissioner may cause to be removed any permanent, temporary, or portable sign in violation of this chapter or any sign for which no sign permit has been issued. The Building Commissioner shall prepare a notice which shall describe the sign and specify the violations involved and which shall state that if the sign is not removed or if each violation is not corrected within thirty (30) days, the sign shall be removed in accordance with the provisions of this section.
(2) All notices mailed by the Building Commissioner shall be sent by certified mail and regular. The notice shall be mailed to the owner of the property on which the sign is located as indicated by the most recent property owner information published by the county fiscal officer. The notice shall also be mailed to or delivered to the occupant of the property and the sign permit applicant. Any conformance time periods provided in this section shall be deemed to commence on the date of mailing of the certified mail. In the event the sign is not connected to a specific parcel, the Building Commissioner shall send notice to the individual or entity for which the sign message relates to.
(3) Any person having an interest in the sign, or the property may appeal the determination of the Building Commissioner ordering compliance, removal, or compliance by filing a written notice of appeal with the Board of Zoning Appeals, within ten (10) days after receipt date of the notice as determined by the returned certified mail confirmation. In the event the property owner or occupant fail to accept the certified mail announcement, constructive receipt shall be deemed to have occurred after fifteen (15) days from the certified notice mailing date.
(4) The Building Commissioner shall be, and hereby is expressly authorized to remove, without notice, any and all signs placed in or upon any tree lawn or other right-of-way area.
(5) Notwithstanding the above, in cases of emergency and to ensure public safety, the Building Commissioner may cause the immediate removal of a dangerous or defective sign without notice.
(6) Signs, flags, banners, posters, pennants, ribbons, streamers, spinners, or other similar moving devices, which are installed or erected, shall be removed immediately upon the notice methods provided in this section.
(e) Disposal of Signs by the City.
(1) Any sign removed pursuant to the provisions of this section shall become the property of the City and may be disposed of in any manner deemed appropriate by the City.
(2) The cost of removal of the sign by the City shall be considered an amount owed to the city by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by levying an assessment against the property as hereinafter provided. Each such assessment shall be a lien against each lot or tract of land assessed, until paid, and shall have priority over all other liens except general taxes and prior special assessments.
(3) The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal.
(4) Signs removed by the City under this section shall be temporarily stored for a five (5) business-day holding period. These signs may be retrieved from the city by their owners during the holding period. After the five (5) business-day holding period, the signs may be disposed of or destroyed.
(Ord. 2022-34. Passed 1-9-23.)