(A) For Temporary Signs
(1) Process
For temporary or portable signs erected in violation of Chapter 9, the enforcement official may proceed directly to formal enforcement and remedies or may give up to three (3) days' written notice of violation, in accordance with the procedures outlined below, before beginning formal enforcement.
(2) Removal
Where it is practicable to do so without disturbing the peace, the enforcement official may physically remove any temporary or portable sign placed in violation of this chapter outside a building. Physical removal of the sign shall relieve the property owner or other person placing the sign of liability for fines or other remedies after the removal but not before. Removal of a sign located within the right-of-way allows the Department to charge the owner with a violation, and charge a fine at the discretion of the Planning Director.
(B) For Other Signs
(2) The enforcement official shall, where practicable, upon finding a violation of Chapter 9 on an occupied site, inform the owner, manager or other responsible person on the site of the existence and nature of the violation. The enforcement official shall note in his or her logbook or other record book the time and place of such contact or, where such contact was not practicable, the reason that it was not.
(3) When the enforcement official has not been successful in making contact with a responsible individual on the premises at the time of discovery or inspection of the violation, or where the enforcement official has made such contact and the violation has not been cured within three (3) business days, the enforcement official shall give formal notice of violation to the holder of the sign permit and to the landowner of the property involved, if the landowner is not the holder of the sign permit, by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property. The person providing the notice of violation shall certify that the notice was provided. The enforcement official may also give such notice to the individual or company that placed such sign on the property, such as the sign contractor or the real estate agent. Such notice shall give the property owner or occupant at least seven (7) but not more than thirty (30) days to cure the violation before formal enforcement action begins; the length of time shall be based on the enforcement official's best judgment regarding the physical difficulty of eliminating the violation.
(4) If, at the expiration of the period given for cure, the property owner or permit holder has eliminated the violation, there shall be no formal enforcement action regarding that violation.
(5) If, at the expiration of the period given for cure, the property owner or permit holder has not eliminated the violation but has begun diligent and good faith efforts to do so, the enforcement official may, but shall not be required to, give one (1) additional period of not more than thirty (30) days to complete the elimination of the violation.
(6) If, at the expiration of the last available period for cure, the violation has not been eliminated, the enforcement official shall begin formal enforcement proceedings. The period allowed for cure shall be computed in the period of violation for purposes of determining the applicable fine.
(C) For Signs on Sites with Continuing Construction
Where the violation is on a site with continuing construction, the enforcement official may issue a stop-work order, in accordance with Section 11.4.6 of this section, without following the informal remedial procedures set forth in this subsection.
(D) For Signs on Sites with Recent Violations
Where the violation is on a site on which there have been one (1) or more formal notices of violation or formal enforcement actions for violations of this chapter within the previous year, the enforcement official may proceed with all formal enforcement procedures without following the informal remedial procedures set forth in this subsection, or, in her or his sole discretion, the enforcement official may follow these informal remedial procedures, provided that the period of cure shall be not more than seven (7) days.