13-20-520 Penalties.

   (a)   (1)   Any person who violates Section 13-20-550 pertaining to a static image display sign or its support structure shall be fined not less than $7,500.00 nor more than $10,000.00 for each offense, unless such person can show, by a preponderance of the evidence, that the square footage of the sign is: (i) from 200 to 499 square feet, per face, in which case a fine of not less than $2,000.00 nor more than $5,000.00 shall apply; (ii) from 100 to 199 square feet, per face, in which case a fine of not less than $1,000.00 nor more than $2,000.00 shall apply; or (iii) from zero to 99 square feet, per face, in which case a fine in accordance with Section 14A-3-302.1 shall apply. Any person who violates Section 13-20-550 pertaining to a dynamic image display sign, regardless of the size of the sign or its support structure, shall be fined not less than $10,000.00 nor more than $15,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

      (2)   The fines set forth in subsection (a)(1) of this section shall also apply, on a per offense and per day basis, to any person who continues to display or maintain any sign for which such person's sign permit has been revoked pursuant to Section 13-20-645.

      (3)   In all cases where no specific penalty is provided for in this Article, any person erecting, owning, operating, or maintaining, or in charge, possession or control of, any sign or its support structure who violates this Article shall be fined in accordance with Section 14A-3-302.1 for each offense.

   (b)   In addition to any other fine or penalty provided, if, on three separate occasions in any 12-month period, any registered electrical contractor, a registered sign contractor, or bonded sign erector erects, installs, alters, repairs, enlarges, or illuminates any sign or structure covered by the provisions of this Article, without first having obtained any permit required under this Code, such person's certificate of registration, bond, and all permit privileges may be subject to suspension, under Section 13-20-600 of this Code, or revocation.

   (c)   In addition to any other fine or penalty provided, for any sign found not in compliance with the provisions of this Article, the Building Commissioner may compel the cessation of electrical current to any electrical equipment on such sign or structure.

   (d)   In addition to any other penalty or fine provided in this Code, any person who derives profits or revenue from one or more third parties from leasing space on a sign that is maintained, erected, installed, altered, repaired, or enlarged in violation of this chapter or Section 10-28-010 shall disgorge all profits or revenues derived from such sign upon determination, either by an administrative hearing officer or a court of competent jurisdiction, that the sign was unlawfully maintained, erected, installed, altered, repaired, or enlarged in violation of this Article or Section 10-28-010. The provisions of this section apply to the owner of the sign and the owner of the property on which the sign is located.

   The disgorgement of profits or revenue shall be remitted to the City.

(Added Coun. J. 11-3-99, p. 13842, § 3; Amend Coun. J. 5-2-01, p. 57403, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-24-12, p. 25060, § 3; Amend Coun. J. 4-30-14, p. 80382, § 3; Amend Coun. J. 2-22-17, p. 43876, § 20; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 15; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 7; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 10; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 5; Amend Coun. J. 2-19-20, p. 14473, Art. VI, § 12)

Part B. Sign Inspections (13-20-530 et seq.)

13-20-530 Original and subsequent inspections.

   The building department under the direction of the building commissioner shall issue permits for, and make original and subsequent inspections of, all signs, city digital signs, and associated sign structures as are covered by this article of the Code.

   Subsequent inspections shall be made at least once every 24 months and as often as deemed necessary by the building commissioner based on a risk assessment to determine the electrical and structural safety of all signs and such structures as are covered by this article.

(Added Coun. J. 11-3-99, p. 13842, § 3; Amend Coun. J. 3-5-03, p. 104990, § 18; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1; Amend Coun. J. 12-12-12, p. 44485, § 8; Amend Coun. J. 2-13-13, p. 47133, § 1; Amend Coun. J. 4-30-14, p. 80382, § 3)

13-20-540 Permit inspection fees.

   The fee for the initial inspection of the signs described in Section 13-20-530 shall be included in the permit fee as set forth in Section 14A-4-412.1. The inspection fee for the subsequent inspection of the signs described in Section 13-20-530 shall be as follows:

   (a)   Signs or electrical signs projecting over the public way – $40.00 per sign, plus $1.50 per square foot of area of each face in excess of 100 square feet. The area of irregular shaped signs shall be computed using the area of the outer perimeter design of the signs.

   (b)   Signs or electrical signs on private property, illuminated signs flat against a building (flat signs), illuminated painted wall signs and illuminated signboards – $40.00 per sign, plus $1.00 per square foot of area in excess of 100 square feet.

   (c)   Signs or electrical roof signs – $40.00 per sign, plus for each sign over 100 square feet $1.00 per square foot for each square foot over 100 square feet. The fee shall be computed on the actual area of display surface.

   (d)   Signs or electrical ground signs, any part of which projects over the public way – fees shall be the same as computed for projecting signs as specified in subsection (a). Signs or electrical ground signs, entirely over private property – $40.00 per sign, plus $1.00 per square foot of area in excess of 100 square feet.

   (e)   Permits issued for the re-erection or alteration of any sign, electrical sign or illumination of signboards or illumination of flat or wall signs – $40.00 per sign.

   (f)   Permits issued for signs or electrical signs to be erected for a period not to exceed 60 days one-half of the sign permit fee. No fee shall be less than $20.00.

   (g)   The fee for cancellation of any sign permit shall be $20.00 and shall be deducted before the remaining amount is refunded.

   (h)   The fee for the inspection of signs described in Section 13-20-530 that are located at places for eating, as that term is defined in Section 4-8-010, shall be controlled by Section 4-8-042.

   (i)   No inspection fee shall be charged for city digital signs.

(Added Coun. J. 11-3-99, p. 13842, § 3; Amend Coun. J. 12-4-02, p. 99931, § 9.2; Amend Coun. J. 9-29-04, p. 32144, § 4; Amend Coun. J. 12-12-07, p. 17167, § 32; Amend Coun. J. 12-12-12, p. 44485, § 8; Amend Coun. J. 4-15-15, p. 106130, § 11; Amend Coun. J. 2-19-20, p. 14473, Art. VI, § 14; Amend Coun. J. 6-25-21, p. 32180, Art. IV, § 7)

Part C. Permits (13-20-550 et seq.)