10-15-11: REMOVAL OF SIGNS:
   A.   General:
      1.   Sign Removal: Any illegal, nonconforming, abandoned, dangerous or defective sign which is not removed from the premises by the sign owner, user, or property owner shall be subject to removal by the city in accordance with the provisions and procedures detailed in this section. Any person who fails to comply with the provisions of this section shall be guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-4-1 of this code.
      2.   Removal By The City:
         a.   Upon failure of the sign owner, user, or property owner to comply with a written notice to remove a sign, the planning department or building official is hereby authorized to cause such illegal, nonconforming, abandoned, dangerous, or materially, electrically or structurally defective sign to be removed.
         b.   Any time periods provided in this section shall be deemed to commence the date the notice is delivered or if by publication, then from the date of last publication.
         c.   Notwithstanding the above, in cases of emergency, the city administrator may cause the immediate removal of a dangerous or defective sign without notice.
      3.   Disposal Of Signs; Costs:
         a.   Any sign removed by the city pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of the removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the premises, and may be recovered in an appropriate court action by the city. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal.
         b.   If it shall be necessary for the city to remove a sign pursuant to the provisions hereof, and it should be practicable to sell or salvage any material derived in the aforesaid removal, the city may sell the same at private or public sale at the best price obtainable and shall keep an accounting of the proceeds thereof. Such proceeds, if any, shall be used to offset the costs of removal to be charged to the sign owner or property owner and shall be the responsibility of the sign owner or property owner. Should the proceeds exceed the costs, the excess shall be paid to the owner of the premises from which the sign is removed, or to the owner of said sign, whenever claim therefor is established.
      4.   Failure To Remove: Failure to remove any illegal, nonconforming, abandoned, dangerous or defective sign and subsequent failure by the planning department or building official to give notice to the business, user or property owner of the provisions of this section, shall not be deemed or constitute a waiver of any violations of this chapter, nor shall such an action be deemed to constitute a determination that any such sign is legal, in conformity with this chapter, or to be given any special status. (Ord. 2011-12, 6-7-2011)