(a) Nonconforming Signs.
(1) Any sign that was lawfully in existence at the time of the effective date of this code, or amendment thereto, that does not conform to the provisions herein, shall be deemed a legal nonconforming sign and may remain on a lot of record except as qualified in this subsection. No legal nonconforming sign shall be enlarged, extended, structurally altered, or reconstructed in any manner, except as allowed for in this section, and the nonconforming structure regulations in Chapter 1121: Nonconformities, shall not apply.
(2) Legal nonconforming signs shall be maintained in good condition pursuant to Section 1117.05(g) and may continue until such sign is required to be removed as set forth in this chapter.
(3) A nonconforming sign shall immediately lose its nonconforming designation and must be brought into compliance with these regulations or be removed if:
A. The sign is structurally altered or replaced except when a sign is specifically designed and approved for changeable sign faces and such a sign face is changed, or when a message is changed on a changeable copy sign or electronic message center;
B. The sign is relocated, except signs that are required to be moved because of public right-of-way improvements;
C. The sign is a legally nonconforming temporary sign that is still in place more than one calendar year from the effective date of this code;
D. The sign is damaged to an extent of greater than fifty percent (50%) of the estimated replacement value;
E. The sign is not repaired within sixty (60) days after it is damaged or such sooner period as may be required if the damage presents an immediate hazard; or
F. The sign creates a hazard to vehicular or pedestrian traffic, or to adjoining properties.
(4) Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from compliance with the provisions of these regulations regarding safety, maintenance, and repair of signs, provided however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure in any way.
(b) Illegal Signs.
(1) If any sign is installed, erected, constructed or maintained in violation of any provision of this chapter, except for nonconforming signs in compliance with Section 1117.10(a), above, the Zoning Administrator shall notify the owner of user thereof to comply with the provisions of this chapter in the same manner as Section 1123.06.
(2) If the owner or user fails to comply with such notice, and the owner has not requested an opinion as to the existence of the violation from the Planning Commission, or, after a reasonable search, cannot be found, the Zoning Administrator shall cause such graphic or such portion thereof as is constructed or maintained in violation of this chapter to be taken down; the expense of which shall be paid by the owner or user in accordance with Section 1117.10(d).
(3) Unless clearly specified otherwise, the property owner will be considered to be the presumptive owner of said sign. However, nothing herein contained shall prevent the Zoning Administrator, or his designee from adopting such precautionary measures as may seem to him necessary or advisable in case of imminent danger to place the graphic in safe condition, the expense of which shall be paid by the owner of the premises or recovered against him in the manner as further described in this section.
(4) Unattended signs on public property, including but not limited to parks and rights of way, that have not been placed by the Village, shall be considered abandoned, and shall therefore be illegal signs. These signs may be disposed of or destroyed without notice or compensation. Such disposal or destruction is not subject to appeal.
(c) Unsafe Signs.
(1) When the Zoning Administrator finds, upon investigation, that a sign is unsafe or unsound structurally, they shall notify the owner of said sign, together with the owner of the land on which the sign is located, by certified mail of their findings.
(2) Such notice shall advise the owner that the sign has been declared unsafe and/or structurally unsound and must be removed with ten (10) days for an unsafe or structurally unsound sign.
(3) The owner may request an opinion as to the existence of a violation from the Planning Commission as provided for in Section 1123.07. If an unsafe or structurally unsound sign is not removed as ordered and the owner has not requested an opinion as to the existence of the violation from the Planning Commission, the same may be removed at the expense of the lessee or owner after ten (10) days of notice for an unsafe or structurally unsound sign.
(4) If the Village is not immediately reimbursed for such costs, the amount thereof shall be certified to the County Auditor for collection as a special assessment against the property on which the sign is located.
(d) Fees for Sign Removal.
(1) Fees for removal shall be immediately due and payable to the Village of Centerburg. Notice of such assessment shall be given to the owner in the same manner as notice of violations in Section 1123.06.
(2) All assessments not paid within ten (10) days after such mailing and posting, after approval by Council, shall be certified by the Finance Director to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected.
(3) The Village may also collect such costs together with interest through a civil action in the appropriate court of law having jurisdiction thereof and seek such additional orders from a court of competent jurisdiction as may be necessary from time to time in order to enforce the provisions of this section.
(4) Every owner or occupant of real estate in the Village impliedly grants a license to the Zoning Administrator, his designee or Village employees to enter upon real property in the Village without the consent of the owner or user for the purposes of fulfilling the provisions of this section.
(Ord. 2023-16. Passed 6-5-23.)