(a) Findings. The city council finds that it may be necessary in the enforcement of this article to determine whether the message displayed upon a sign is commercial, noncommercial, or primarily political.
(b) Hearing. If a person receives a notice of violation or is cited for maintaining an illegal sign, and the person notifies the city attorney in writing within 10 days of receiving the notice or citation that he believes the sign displays a noncommercial or primarily political message and is therefore not in violation of this article, the city attorney shall postpone prosecution of the case and have the matter placed on the agenda of the board of adjustment for appeal under Section 51A-7.703(e) of this article. The board shall give the person maintaining the sign 10 days written notice of a public hearing on the matter. After hearing the evidence, the board shall decide whether the message displayed on the sign is commercial, noncommercial, or primarily political. No fee may be charged for this appeal.
(c) Judicial Review. If the board decides that the message is commercial or not primarily political and that the sign is therefore illegal, the person maintaining the sign may within 10 days of the board’s decision file a notice of nonacceptance of the decision with the city attorney. Within three days after receiving notice of nonacceptance, the city attorney shall initiate suit in the district court for determination that the sign is illegal and for an injunction to prohibit display of the sign in violation of this article. The city shall bear the burden of showing that the sign is illegal. In computing the three-day time period, Saturdays, Sundays, and legal holidays are excluded. (Ord. Nos. 19455; 20927; 25921)