(a) Maintenance and Repair of Signs. All signs and all components thereof, including, without limitation, supports, braces, and anchors, shall be kept in a state of good repair. With respect to freestanding signs, components (supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment.
(1) If the Building Official shall find that any sign is unsafe or insecure, or is a menace to the public, he or she shall give written notice to the owner, agent, or person having the beneficial interest in the building or the premises on which such sign is located. Correction of the safety condition which caused the Building Official to give such notice shall be effected within ten days after receipt of the notice. If such condition is not corrected after the conclusion of such ten-day period, the Building Official is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent, or person having the beneficial interest in the building or premises on which such sign is located. Notwithstanding the foregoing provision, the Building Official is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner, agent or person having the beneficial interest in the building or premises on which such sign is located, whenever he or she determines that such sign is an immediate peril to persons or property.
(2) If the message portion of a sign is removed, leaving only the supporting "shell" of a sign, the owner of the property where the sign is located, or other person having control over such sign shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This division shall not be construed to alter the effect of Section 1292.22, which prohibits the replacement of a nonconforming sign. Nor shall this division be construed to prevent the changing of the message of a sign.
(b) Abandoned Signs. Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner of the premises.
(c) Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.
(d) Unlawful Signs. No person shall erect on any premises owned or controlled by him or her any sign which does not comply with this chapter.
(e) Street Improvement Projects. Any sign projecting over a public right-of-way on the effective date of this chapter, which sign was subject to removal or relocation at the owner's expense pursuant to a permit or other ordinance of the City, shall be removed by the owner or altered at the owner's expense to comply with this chapter if, as the result of or after completion of a street improvement project, such sign does not or would not comply with this chapter.
(f) Signs Placed within the City Right-of-Way. All signs in the City of Davison are subject to Section 1292.03 of this zoning ordinance, which states that no person shall erect, alter, relocate, enlarge, or convert any sign in the City without first obtaining a sign permit. Furthermore, failure to obtain a sign permit is subject to Section 1262.99 of this zoning ordinance which states that the City may take additional lawful action that is necessary to prevent or remedy any violation of this zoning ordinance.
(g) (1) Removal by Building Official. The Building Official or his or her designee shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous, or materially, electrically or structurally defective sign, or a sign for which no permit has been issued. The Building Official or his or her designee shall prepare a notice which shall describe the sign and specify the violation involved, and which shall state that if the sign is not removed or the violation is not corrected within 21 days, the sign shall be removed in accordance with this section.
(2) All notices mailed by the Building Official or his or her designee shall be sent by certified mail. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail.
(3) For all other signs, the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property.
(4) Any person having an interest in the sign or the property may appeal the determination of the Building Official or his or her designee ordering removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 14 days after the date of mailing the notice, or within 14 days after receipt of the notice, if the notice was not mailed. When an appeal is filed, action on enforcement is suspended until a decision on the appeal has been finalized by the Zoning Board of Appeals.
(5) Notwithstanding the provisions of this division (g)(5), in cases of emergency, the Building Official or his or her designee may cause the immediate removal of a dangerous or defective sign without notice.
(h) Disposal of Signs; Fees.
(1) Any sign removed by the Building Official or his or her designee pursuant to division (g) 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 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 property, and may be recovered in an appropriate court action by the City or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal.
(2) When it is determined by the Building Official or his or her designee that the sign would cause an imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the Building Official or his or her designee may correct the danger, all costs being assessed as follows:
A. The notice given by the Building Official or his or her designee shall state not only the remedial action required to be taken, but shall also state that if such action is not taken within the time limits set forth in this chapter, the cost of correcting the unlawful feature of the sign may be assessed against the property on which the sign is located, together with the additional 5% for inspection and incidental costs and an additional 10% penalty for the cost of collection, and that such assessment shall be collected in the same manner as real estate taxes against the property.
B. If the owner of the premises, the person entitled to the possession thereof, or the owner of the sign fails, neglects, or refuses to comply with the notice to repair, rehabilitate or demolish the sign declared to be unlawful, then any such owner or person entitled to possession of the premises, if other than the owner of the premises, or all of them, may be prosecuted for a violation of this chapter. The Building Official or his or her designee may remove the sign declared to be unlawful.
C. If it becomes necessary for the Building Official or his or her designee to remove a sign pursuant to this division, bids shall be taken when the estimated costs of demolition exceed five hundred dollars ($500.00). When completed, the Building Official or his or her designee shall certify to the City Clerk the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the City of Davison tax rolls, together with a statement of work performed, the date of performance and the cost thereof.
D. Upon receipt of such statement, the City Clerk shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown upon the tax rolls, by certified mail, postage prepaid, notifying such owner that the work has been performed pursuant to this chapter, stating the date of performance of the work and the nature of the work and demanding payment of the costs thereof (as certified by the Building Official or his or her designee), together with 5% for inspection and other incidental costs in connection therewith. Such notice shall state that if such amount is not paid within 30 days of the mailing of the notice, it shall become an assessment upon and a lien against the property of such owner, describing the same, and will be certified as an assessment against the property, together with a 10% penalty, for collection in the same manner as real estate taxes upon the property are collected.
E. If the City Clerk does not receive payment within a period of 30 days following the mailing of such notice, the City Clerk shall inform Council of such fact, and Council shall thereupon enact a resolution assessing the whole cost of such work, including 5% for inspection and other incidental costs in connection therewith, upon the lots and tracts of land from which the sign has been removed, together with a 10% penalty for the cost of collection.
F. Following passage of such resolution upon third reading, the City Clerk shall certify the same to the City Treasurer, who shall collect the assessment, including the 10% penalty, in the same manner as other taxes are collected.
G. Each such assessment shall be a lien against each lot or tract of land assessed, until paid, and shall have priority over all other liens except general taxes and prior special assessments.
H. For purposes of this section, the owner of the premises shall be presumed to be the owner of the sign thereon, unless the contrary appears from facts brought to the attention of the Building Official or his or her designee.
(3) If costs are to be assessed against the property, a hearing to confirm the costs shall be held before Council. At such hearing, the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given to the property owner at least ten days prior to the date of the hearing by mailing a notice of the hearing to the address of such property owner as shown on the last equalized assessment roll.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2010-08. Passed 3-8-10.)