§ 152.99  PENALTY.
   (A)   The City Code Enforcement Officer shall initially determine compliance with this chapter.  Any person who violates this chapter or fails to comply with any of its requirements, shall be subject to a penalty.  The city is hereby authorized to require removal of any illegal sign, revoke any permit authorizing the installation of a sign that has been constructed or is being maintained in violation of the permit, enforce this chapter, and to make all inspections required to ensure such enforcement.
   (B)   First offense will result in a written warning issued by the Code Enforcement Officer in the form of a notice issued personally on the owner and/or permitee, or by certified letter, return receipt requested addressed to the owner and/or permittee at the address specified in the permit or the last known address.  The notice shall state the violation charged, and the reasons and grounds for removal, specifying the deficiencies or defects and what repairs, if any, will make the sign conform to the requirements of this chapter, and specify that the sign must be removed or made to conform with the provisions of this chapter within the notice period stated.  The notice period for permanent signs shall be 30 calendar days.  The notice period for temporary signs shall be 48 hours.  Failure to respond to the warning within 30 calendar days for permanent signs and within 48 hours for temporary signs will result in the issuance of a citation. Subsequent offenses will result in the issuance of a citation without a written warning.
   (C)   The owner and/or permittee of the permit may appeal in writing the city's decision to revoke the permit to the Planning and Zoning Commission within 15 calendar days from the date when the notice was served.
   (D)   If the sign is not removed or brought into compliance with the provisions of this chapter and the sign review guidelines to the satisfaction of the city and no appeal has been submitted at the end of 15 calendar days, the permit is revoked.  The city may then initiate the process for the removal of the illegal sign and impose penalties.
   (E)   Second and subsequent violations will result in a suspension of the privilege to obtain a sign permit for a minimum period of six months up to a maximum period of one year and a fine not to exceed $500 for each offense.
   (F)   Re-installation of any sign or substantially similar sign on the same premises after a violation notice has been issued shall be deemed a continuation of the original violation.
   (G)   Upon revocation of any permit the sign and/or sign structure shall be removed by the owner within 30 calendar days or will be subject to removal by the city at the owner's expense through action for recovery that may be brought by the city.
   (H)   Notwithstanding the above, the city may cause the immediate removal or repair (without notice to the owner of the sign, or of the property on which it is located) of any unsafe or defective sign that creates an immediate hazard to persons or property. The city shall document its actions and avoid acts that are arbitrary or capricious.
(Ord. 132, passed 2-13-2012; Am. Ord. 181, passed 3-20-2019)