A. Permit Required: No person, firm or corporation shall place and/or maintain any projecting sign over the public right of way without first obtaining a permit therefor, complying with all applicable local, state and federal regulations, providing acceptable proof of liability insurance and paying the permit fee, all as provided in this title.
B. Application For Permit: An application for a permit for a projecting sign shall be filed with the building official on a form provided by the building official not less than seven (7) days prior to the date the projecting sign is to be installed.
C. Permit Fee: The applicant shall pay the permit fee to the city for each projecting sign at the time of the filing of an application for each projecting sign.
D. Hold Harmless: The permit holder shall enter into a hold harmless agreement with the city for any projecting sign prior to issuance of the permit, which shall require that the permit holder pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from the placement or maintenance of a sign, whether sustained by any person or persons, caused by accident or otherwise, and shall defend at its own expense and on behalf of the city any claim against the city arising out of the placement or maintenance of said sign.
E. Insurance: Prior to the issuance of a permit for a projecting sign, the applicant shall furnish proof of insurance to the building official as follows:
1. Coverage shall include such comprehensive public liability and property damage insurance written by an insurer licensed to do business in the state of Iowa as shall protect the city during the life of the projecting sign from claims or damages, personal injury, including accidental death, as well as claims for property damages, which may arise from the existence of the sign in such a manner as to impose liability on the city, and the amounts of such insurance shall be as required by the city manager.
2. Such insurance shall name the city as an additional insured.
3. Each owner and/or occupant of the premises required to furnish proof of insurance shall also maintain on file with the building official a certificate evidencing that the insurer will give the building official thirty (30) days' written notice prior to termination or cancellation of the required insurance.
4. Upon notice of cancellation or termination of insurance, or expiration of proof of insurance, the building official shall notify, by certified mail, the owner and/or occupant of the premises for which proof of insurance is required that the projecting sign or signs are in violation of this chapter and shall be removed by the date stated in the notice.
F. Exclusion: The permit holder shall agree in writing prior to the issuance of a permit to the following:
1. The permit holder, by acceptance of a permit, agrees that the permit granted does not constitute approval of the design, construction, repair or maintenance of any projecting sign.
2. The permit holder, by acceptance of a permit, waives all claims or defenses against the city in the event of claim asserted for death, personal injuries and/or property damage against the permit holder arising out of or in any way connected with the existence, design, construction, repair or maintenance of projecting sign or signs for which a permit is issued.
G. Revocation:
1. A permit granted under this chapter shall be revocable upon ten (10) days' written notice to the permit holder at the convenience of the city. A permit also may be revoked or not renewed for failure to comply with the requirements of this chapter or any other applicable legal requirements, or for fraud, deceit, or misrepresentation in connection with an application for a permit.
2. In the event of such revocation, the building official shall notify the permit holder in writing of such revocation or refusal of renewal, specifying the reasons therein for such refusal. The permit holder or permit holder's successor in interest may petition the city council for a hearing on such refusal within thirty (30) days of receipt of the building official's letter.
H. Removal Of Sign: The permit holder, within thirty (30) days of receipt of a written notice from the building official to remove a projecting sign, shall at the permit holder's expense remove such sign. In the event of the permit holder's failure to do so, the city shall remove the sign at the permit holder's expense and dispose of the same. The permit holder shall agree in writing prior to the issuance of a permit to make no claim against the city or its agents for damages resulting from the removal of said sign.
I. Damaged; Threat To Safety: Nothing in this section shall preclude the building official from giving immediate notice to a permit holder to remove a projecting sign in the event such sign has been damaged or has been moved or otherwise placed to cause an immediate threat to public safety. In the event the sign is not removed within seven (7) days of such notification, the building official shall remove such sign as provided in subsection H of this section. (Ord. 52-09, 10-19-2009)
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