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and per day basis, to any person who continues to display or maintain any sign for which such person's sign permit has been revoked pursuant to Section 13-20-645.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.)

13-20-550 Permits required.

   (a)   Unless a valid permit has been obtained from the Department of Buildings, it shall be unlawful for any person:

      (1)   to own, maintain, erect, install, alter, repair or enlarge any sign, City digital sign, or associated sign structure covered by the provisions of this article;

      (2)   to commence to erect, install, alter, repair or enlarge any sign, City digital sign, or associated sign structure covered by the provisions of this article;

      (3)   to cause any sign, City digital sign, or associated sign structure covered by the provisions of this article to be erected, installed, altered, repaired or enlarged;

      (4)   to change a sign from a static image display sign to a dynamic image display sign (or vice versa); or

      (5)   to change from an on-premise sign to an off-premise sign (or vice versa).

   (b)   (1)   It shall be the duty of every owner of any real property on which a sign is located to ensure that each sign maintained on the owner's property has a valid permit under this section and, if applicable, under Section 13-20-555, and is otherwise in compliance with this Article. It shall be a violation of this section for the owner of any real property to have or to permit to remain on such property any sign which does not have a valid or required permit(s).

      (2)   It shall be the duty of every lessee of any real property on which a sign is located to ensure that each sign erected or maintained by such lessee on the leased property has a valid permit under this section and, if applicable, under Section 13-20-555, and is otherwise in compliance with this Article. It shall be a violation of this section for the lessee of any real property to have or to permit to remain on such property any sign which does not have a valid or required permit(s).

      (3)   It shall be the duty of every person or entity who offers advertisement space on any sign to ensure that such sign has a valid permit under this section and, if applicable, under Section 13-20-555, and is otherwise in compliance with this Article. It shall be a violation of this section for any person or entity to offer advertisement space on any sign which does not have a valid or required permit(s).

      (4)   It shall be the duty of every person or entity who advertises on a sign to ensure that each sign on which they advertise has a valid permit under this section and, if applicable, under Section 13-20-555, and is otherwise in compliance with this Article. It shall be a violation of this section for any person or entity to advertise on any sign which does not have a valid or required permit(s).

      (5)   It shall be the duty of every general contractor and electrical contractor who works on a sign to ensure that each sign on which they work has a valid permit under this section and, if applicable, under Section 13-20-555, and is otherwise in compliance with this Article. It shall be a violation of this section for any general contractor or electrical contractor to work on any sign which does not have a valid or required permit(s).

   (c)   The owner of the real property, lessee of the real property, person or entity who offers advertisement space, person or entity who advertises, the general contractor and the electrical contractor shall be jointly and severally liable for any violation of this section.

   (d)   Notwithstanding the provisions of this section to the contrary, a sign permit is not required to erect, maintain, install, alter, repair or enlarge (i) a fast-track on-premise ground level interior window sign as defined in Section 4-4-100 of this Code, or (ii) an on-premise sign that is:

      (1)   constructed wholly from paper, fabric, vinyl, or similar materials and attached to a window for no more than 60 days; or

      (2)   painted directly onto the window or made of plastic film or similar material and fully adhered to the window by means of adhesive or static cling for any duration

provided that the total area of all such signs in a single window does not exceed 25% of the glazing area of that window. Lettering that is painted directly onto the glass of a window and less than 2 inches in height will not be counted in the calculation of the 25% if it is an on- premises sign. For purposes of this subsection, a glazed panel in a door shall be treated as a window. The signs authorized by this subsection (d) shall not be counted in the calculation of the total sign area restrictions imposed by section 17-12-1003.

   (e)   Notwithstanding the provisions of this section to the contrary, a sign permit is not required to erect, maintain, install, alter, repair or enlarge an art mural that contains no commercial message, as defined in Section 17-17-0236, in the mural itself. If the mural meets the definition of the term "graffiti" in Section 7-28-065(c), it may be registered pursuant to Section 7-28-065. Any art mural that contains a commercial message, as defined in Section 17-17-0236, in the mural itself shall be subject to the provisions of this Code regarding sign permits, provided however that the artist or a partner entity may acknowledge the name of sponsors or partners of the art mural in a single, written, acknowledgement panel, not to exceed two square feet in area, adjoining the bottom edge of the art mural. Such acknowledgement panel shall not be classified as a commercial message, and is therefore exempt from zoning regulation as provided in Section 17-12-0504 of the Code. This subsection does not allow more than one acknowledgment panel in a single art mural or in adjacent art murals located on the same lot. Furthermore, any commercial message, as defined in Section 17-17-0236, that is physically outside of the mural shall be subject to the provisions of this Code regarding sign permits.

   (f)   Signage contained in a signage matrix approved by the City Council within a planned development in which the primary use is a sports stadium or an exhibition or convention center does not require a separate sign permit but shall be subject to the general building permit requirements of Chapter 14A-4, as applicable.

   (g)   Notwithstanding the provisions of this section to the contrary, a sign permit is not required to erect, maintain, install, alter, repair or enlarge a sign that is inside a building and is legible only from the lot on which it is located and is not legible from the public way or adjoining lot.

   (h)   Notwithstanding the provisions of this section to the contrary, a sign permit is not required to erect, maintain, install, alter, repair or enlarge any official sign, public notice sign or warning sign required by law or order of a court of competent jurisdiction.

   (i)   Signage which is exempt from zoning regulation pursuant to Section 17-12-0500 and is located on property owned by the City or another governmental entity does not require a separate sign permit but shall be subject to the general building permit requirements of Chapter 14A-4, as applicable.

   (j)   As used in this section, "sign permit" shall mean any type of approval required under Article XIII of Chapter 13-20.

(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. 11-13-07, p. 15814, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. III, § 1; Amend Coun. J. 12-17-08, p. 51294, § 1; Amend Coun. J. 1-13-10, p. 83228, § 4; Amend Coun. J. 4-24-12, p. 25060, § 3; 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; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 16; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 8; Amend Coun. J. 10-31-18, p. 87776, § 4; Amend Coun. J. 1-23-19, p. 94952, Art. I, § 9; Amend Coun. J. 1-23-19, p. 94977, § 1; Amend Coun. J. 11-26-19, p. 11390, Art. IX, § 3; Amend Coun. J. 6-25-21, p. 32180, Art. IV, § 5; Amend Coun. J. 7-19-23, p. 1992, § 1)

13-20-555 Public way use permits – Required.

   In addition to any permit required by this Article, a public way use permit is required under Section 10-28-010 for any sign which is on, above or over the public way, excluding a city digital sign. For purposes of this section, the term "sign" shall have the meaning ascribed to that term in Section 13-20-510 and shall also include the sign structure, sign mounting device(s), exterior sign illumination lighting, sign monitoring cameras and any other apparatus attached to or relating to the sign. If, in addition to the permit required under Section 13-20-550, a public way use permit is also required to erect alter, repair or maintain a sign, as defined herein, and such public way use permit has not been obtained or renewed in a timely manner, the Commissioner may revoke the permit issued under Section 13-20-550 in accordance with Section 13-20-645. If a general contractor or registered electrical contractor ("contractor") installs, alters, erects, or repairs a sign, as defined herein, without first having obtained any required public way use permit for such sign, the Commissioner may: (1) suspend such contractor's permit privileges, in accordance with Section 14A-3-304, until such time that the contractor comes into compliance with this section and Section 10-28-010, at which time the contractor's permit privileges may be reinstated by the Commissioner in accordance with Section 14A-3-304.4; or (2) suspend or revoke such contractor's license, registration or certification, as applicable, in accordance with Section 14A-3-305.

(Added Coun. J. 4-24-12, p. 25060, § 3; Amend Coun. J. 12-12-12, p. 44485, § 8; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 9; Amend Coun. J. 2-19-20, p. 14473, Art. VI, § 13; Amend Coun. J. 6-25-21, p. 32180, Art. IV, § 7)