§ 37.04 REMOVAL AND CONFORMANCE REQUIREMENTS.
   (A)   It is the intent of this section to recognize that the eventual elimination, as expeditiously as it is reasonable, of existing signs that are not in conformity with the provisions of this section is as much a subject of the health, safety and welfare of the public as is the prohibition of new signs that would violate the provisions of this section. It is also the intent of this section that any elimination of nonconforming signs shall be affected so as to avoid any unreasonable invasion of established private property rights. The Building Inspector or Zoning Officer shall cause removal of a sign or sign structure if the property owner fails to comply with the standards of this section within ten days after being issued a written notification from the Building Inspector or Zoning Officer. Any expense incurred by the city in removing or repairing the sign or sign structure shall be paid by the owner of the property to which the sign is attached. Yard signs, as defined in this chapter, found in violation of this chapter can be removed and disposed of by the Zoning Officer, or his or her designee, without notice.
   (B)   (1)   Obsolete signs.
         (a)   Any nonconforming off-premises sign which does not advertise a bona fide business, product or organization or becomes obsolete because the business or organization has relocated shall be removed by the owner within 120 days of the termination or relocation of the business, product or organization being advertised. Removal of obsolete signs shall include the supporting structure, exclusive of any building, if all signs on the structure are obsolete.
         (b)   Any nonconforming off-premises sign which is severely damaged and requires over 65% of the cost of replacement for repair shall be removed within 120 days after the date of the damage. Removal of damaged signs shall include the supporting structure, exclusive of any building, if all signs on the structure are nonconforming.
      (2)   Removal of signs. Any obsolete sign which does not advertise a bone fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the structure upon which such sign may be found within ten days after written notification from the Zoning Administrator. Upon failure to comply with such notice within the time specified in such order, the building inspector may cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property to which such a sign is attached.
      (3)   Unsafe and unlawful signs. If the building inspector shall find that any sign is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this section, he or she shall give written notice to the person to whom the sign certificate has been issued. If he or she fails to remove or alter the sign so as to comply with the standards herein set forth within ten days after such notice, such sign may be removed or altered to comply by the building inspector at the expense of the sign certificate issue or owner of the property upon which it is located. The building inspector shall refuse to issue a sign certificate to any such party or owner who refuses to pay costs so assessed. The building inspector may cause any sign that is an immediate peril to persons or property to be removed summarily and without notice.
      (4)   Alterations. No display sign or outdoor advertising device shall be altered, rebuilt, enlarged, extended or relocated except in conformity with the provisions of this chapter. The repainting, changing of parts and preventive maintenance of signs shall not be deemed to be alterations.
      (5)   Maintenance. The owner of any sign requiring a permit shall be required to maintain an exterior which is properly painted, galvanized or otherwise treated to prevent rust and deterioration of all parts and supports.
(Ord. 2023-07, passed 3-20-2023)