(A) Enforcement authority. The Zoning Administrator is hereby authorized to enforce the provisions of this subchapter.
(B) Inspection. The Zoning Administrator may inspect, at such times as deemed necessary, each sign or sign structure regulated by this section for the purpose of ascertaining whether the sign is in compliance with this section or any other relevant town code, law, or ordinance.
(C) Unsafe and unlawful signs.
(1) Duty to remove or repair.
(a) Should the Zoning Administrator find any sign regulated by this section to be unsafe, unlawful, or a menace to the public, or constructed, erected, or maintained in violation of the provisions of this section, he or she shall cause notice to be given to the holder of the permit.
(b) If the holder of the permit should fail to remove the sign or bring the sign or other advertising structure in compliance, the Zoning Administrator may cause, at the holder’s or property owner’s expense, the sign or other advertising structure to be removed or brought into compliance.
(c) If the holder or owner fails to pay the costs and expenses of such repair or removal within 30 days of the notice, then such costs and expenses shall become a lien against the property. In addition, the Zoning Administrator shall refuse to issue a sign permit to any holder or owner who refuses to pay the costs and expenses assessed under this provision.
(2) Unlawful signs. Unlawful signs, regardless of type, shall be removed within 24 hours of the time when notice was perfected.
(3) Signs causing immediate peril. The Zoning Administrator may cause any sign or other advertising structure that is an immediate peril to persons or property to be removed summarily without notice.
(D) Signs no longer in use.
(1) Removal. Any sign advertising a defunct business, or an unavailable product or service, shall be taken down and removed by the owner, agent, or person having the control of the premises upon which the sign is located.
(2) Notice. The Zoning Administrator shall give notice to the owner or to any person occupying the property that the sign on the premises is in violation.
(3) Failure to comply. Failure to comply with the notice within the time specified shall cause the Zoning Administrator to authorize removal. Expenses related to removal shall be the responsibility of the owner of the premises upon which such sign is located.
(4) Lien. The Zoning Administrator shall notify the owner or occupant of the premises of the total costs incurred for such repair or removal of the sign. If the owner or occupant fails to pay the costs and expenses of such repair or removal within 30 days of the notice, then such costs and expenses shall become a lien against the property.
(E) Signs not conforming to this section.
(1) Authority to continue. Any lawful sign located within the town at effective date of this chapter or which shall come to be located in the town as a result of annexation after effective date of this chapter, which does not conform to the provisions of this section, may continue, provided the sign remains in conformance with the provisions of this section.
(2) Conditions of lawful status. For the purposes of this section, legal, nonconforming status shall be conferred only on signs authorized by a sign permit or variance of a preceding ordinance, title, code, or law, or if no sign permit was required under the applicable preceding ordinance, code, or law.
(3) Ordinary maintenance and repair. Nothing in this section shall relieve the owner or beneficial user of a legal nonconforming sign, or the owner of the property on which the legal nonconforming sign is located from the provisions of this section regarding safety, maintenance, and repair. Normal maintenance, including repainting, cleaning, or routine repair of a legal nonconforming sign shall not be deemed to be a condition which triggers a loss of lawful status described below, unless such maintenance increases, in fact, the nonconforming aspects of the sign.
(4) Repairs pursuant to public order. Nothing in this section shall be deemed to prevent the strengthening or restoration to a safe condition of a legal nonconforming sign in accordance with a reasonable order of a public official who is charged with protecting the public safety and who declares such a sign to be unsafe and order its restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this section prohibiting the repair or restoration of partially damaged or destroyed signs.
(5) Loss of lawful status.
(a) Legal nonconforming status shall terminate under the following conditions: if the use of a sign is discontinued for a period of 60 days it shall be deemed abandoned and shall not thereafter be reestablished; if a sign is structurally altered such that its nonconforming aspects increase; or if a sign is relocated, replaced, or moved in any way, or the sign is damaged and the cost of repair is 50% of its replacement value.
(b) Upon the happening of any of the aforementioned events, the sign shall be immediately brought into compliance with this section in conjunction with a new sign permit or the sign shall be removed. For the purposes of this section, the changing of copy shall not be considered the replacement of an existing legal nonconforming sign.
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999