(a) Abandonment Defined. If any sign shall become abandoned, in a manner defined herein, such sign is declared a public nuisance by reason that continued lack of use results in lack of reasonable and adequate maintenance, thereby causing deterioration and creating a blighting influence on nearby properties. An abandoned sign shall be any sign that meets any of the following conditions:
(1) Any sign associated with the abandoned nonconforming use.
(2) Any sign that remains after the termination of a business. A business shall be considered terminated if it has ceased operations for at least 180 consecutive days. Seasonal businesses are exempted from this determination.
(3) Any sign that is not maintained in accordance with § 1189.09.
(b) Determination of Abandonment. When the Planning and Zoning Administrator finds, upon investigation, that a sign has been abandoned, the Planning and Zoning Administrator shall notify the owner of said sign and the owner of the property upon which such sign is located, of any findings, in accordance with § 1137.07. Such notice shall advise the owner of the sign that said sign has been declared abandoned and must be removed within 30 calendar days from the date of mailing of said notice. The owner of the sign or the owner of the property may appeal such decision to Council as provided in § 1135.04(c). The Planning and Zoning Administrator shall maintain a photograph of said sign along with a written report of any finding in a permanent file.
(c) Right to Remove. If the sign is not removed as ordered, the same may be removed by the municipality at the expense of the lessee or owner. If the municipality is not reimbursed for the cost of removal within 30 calendar days of such removal, the amount thereof shall be certified to the County Auditor for collection as a special assessment against the property upon which such sign is located.
(Ord. 2020-10, passed 6-15-2020)