A. General: In order to achieve the general purpose and objectives of this chapter as specified in section 10-15-1 of this chapter, it is necessary to provide for the removal of signs which are illegal, nonconforming and abandoned. The following subsections detail the method of correction and/or disposition required.
B. Illegal Signs; Disposition: Any illegal sign shall be removed from the premises upon which it is located within thirty (30) days of delivery of a written notice of violation, and shall not be installed on the premises or elsewhere in the city until a sign plan review has been approved and a building permit is issued. The written notice shall be delivered:
1. In person to either the property owner or occupant of the property where the sign is located; or
2. By certified mail, return receipt requested to either the owner or occupant of the property where the sign is located; or
3. By leaving a copy of the notice with an individual over the age of eighteen (18) at the property where the sign is located, or at the residence or regular place of business of the owner or person in possession of the premises.
4. If property is unoccupied and the owner cannot with reasonable diligence be ascertained or located, then the planning department shall cause a copy of the notice to be published in a newspaper of general circulation in the city, once a week for three (3) consecutive weeks, and shall further cause a copy of the aforesaid notice to be posted on the property.
The written notice shall contain the physical address or legal description of the property where the sign is located; a description of the violation or violations, including reference to the applicable sections of this chapter; and shall state that failure to remove or correct the sign or signs within thirty (30) days may result in removal of the sign or signs by the city at the expense of the property owner and/or occupant, and may also result in a citation to municipal court and a fine not to exceed seven hundred fifty dollars ($750.00).
C. Nonconforming Signs:
1. Preexisting Signs: Signs already in existence and displayed prior to July 1, 2011, and which do not conform to the regulations prescribed herein may be allowed to remain so long as they are maintained and repaired pursuant to subsection 10-15-3A3 of this chapter. Such signs may be modified, repaired and maintained so long as modifications, repairs or maintenance do not increase the degree of nonconformance.
2. Repair: When fifty percent (50%) or more of a nonconforming sign is repaired, repainted, replaced or altered such repairs shall be made to conform to the requirements of this chapter at the time of such alteration or repair, and the property owner or person displaying such sign shall apply for a sign permit.
3. Replacement: A permit to replace a sign shall not be required if a preexisting sign (as defined herein) suffers substantial damage which requires the complete replacement of the sign, and such damage is due to an act of God, or other unforeseeable acts not the fault of the property owner or the person displaying the sign.
D. Abandoned Signs; Disposition: Abandoned signs shall be removed by the owner of the premises on which the sign is located. Upon failure of the owner to remove an abandoned sign, the planning department or building official shall proceed as described in section 10-15-11 of this chapter.
E. Dangerous Or Defective Signs; Disposition: Any dangerous or defective sign shall be repaired or removed by the owner of the premises or the owner of the sign. Upon failure of the owners to repair or remove a dangerous or defective sign, the planning department or building official shall proceed as described in section 10-15-11 of this chapter. (Ord. 2011-11, 6-7-2011)