Unlawful, discontinued, and/or abandoned signs are subject to the following:
(A) Notice and order. Any sign, abandoned sign, supporting structure, or abandoned supporting structure which is erected, placed, relocated, constructed, reconstructed, altered, displayed, maintained, installed, modified, or used in violation of this chapter may be removed by the Building Official as provided in this section. The Building Official shall deliver or send a written notice and order to the owner of an unlawful, discontinued, or abandoned sign or the owner of the premises where the unlawful sign is located. A notice and order sent or delivered to the person listed by the district appraisal roll as the owner of the premises where the unlawful, discontinues, or abandoned sign is located shall be presumed to be sufficient. The notice and order shall:
(1) Describe the nature of the violation and/or the conditions that substantiate abandonment with specific citation to relevant law;
(2) Order the correction of the violation or conditions that substantiate abandonment within a time specified, which shall not be less than 30 business days of the delivery or mailing of the notice; and
(3) Give notice that the Building Official may remove and impound the unlawful or discontinued or abandoned sign at the owner's expense if the violation is not corrected within the time specified.
(B) Removal appeals. If the person ordered to correct a violation fails to do so within the time specified, the Building Official may remove, or cause the removal of, the unlawful, or abandoned sign. Any person aggrieved by the order may file an appeal with the City Council in which case the sign may remain in place until the Council reaches its decision, unless the sign presents a threat to the public safety by virtue of its physical condition.
(C) Impoundment, redemption, disposal. The following apply to the impoundment, redemption, and/or disposal of an unlawful and/ or abandoned sign:
(1) Any sign which is removed by the Building Official pursuant to this chapter shall be impounded, transported to and stored by the Building Official at a location designated for such purpose. Records shall be kept of the storage location for such sign. The Building Official shall send a letter to the owner of such sign, if known, or, if not known, to the owner or person in control of the premises where such sign was located, giving notice of such impoundment.
(2) The Building Official shall hold the sign in storage for at least 30 days after notice of impoundment has been mailed. Any portable sign may be redeemed by the owner upon the payment of a fee to the city for hauling the sign to storage, plus a per day storage fee. Any non-portable sign may be redeemed by the owner upon payment of the cost of removal and hauling the sign to storage, as determined by the Building Official, plus a per day storage fee. Such fees shall be established by the City Council.
(3) Any sign not reclaimed by the owner thereof within 30 days of the mailing of the notice of impoundment may be disposed on in accordance with applicable law.
(D) Recovery of costs. If, upon disposal of an unredeemed non-portable sign, the Building Official has not received an amount sufficient to cover the cost of removal and hauling of said removed sign, the Building Official shall send notice to the owner of the premises where the sign as located, stating payment of the removal and hauling costs, less any amount received in disposal of such sign. Any such costs remaining unpaid after 30 days from the date of mailing of notice shall become delinquent and shall bear interest at 10% per annum. The cost levied against the premises shall include an administration fee established by the City Council.
(E) Appeal. Any person may contest the reasonableness of the cost of removal of a sign imposed hereunder by filing of an appeal with Building Official (for consideration by the City Council) within 20 days of the mailing of the notice of the costs. The Council may uphold the costs imposed by the Building Official or impose and levee whatever costs the Council considers reasonable. Storage costs shall not be appealable.
(F) Summary removal of hazardous signs. Notwithstanding any other provision of this chapter, the Building Official may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. Prior to removing the sign, the Building Official shall make a reasonable attempt to locate the owner of the hazardous sign or person responsible for its display, placement, or maintenance to give written notice of the violation, the action necessary to correct the violation and time period in which the correction must be made. The notice shall be delivered to the owner of the sign, the owner of the premises, or the person responsible for the sign's display, placement, or maintenance, if located; otherwise, the notice shall be affixed to the sign or other prominent place on the premises likely to come to the attention of the owner of the sign or premises. Thereafter, the Building Official may remove the sign if no corrective action is taken within the time specified.
(Ord. 01-2016-07, passed 1-26-16)