The Village of Elida shall require the removal of any sign that is determined to be prohibited, hazardous or abandoned in order to protect the public health, safety or welfare. It shall be the duty of the Zoning Inspector to maintain a photograph and file of any such sign together with the written report of his/her findings and actions.
(a) Notification of Unlawful Signs. No prohibited, abandoned or defective sign shall be allowed within the Village, nor allowed to continue by variance.
(1) Prohibited Signs (as described in Section 1141.08): Notice shall be given by certified mail or personal service to the owner or lessee of any prohibited sign or the owner of the property on which it is located. The notice shall state that such prohibited sign shall be altered to conform with this regulation or be removed within seven (7) days after the notice has been received. The time period may be stayed during any administrative appeal.
(2) Hazardous Signs: Hazardous signs are those signs that by reason of inadequate maintenance, dilapidated condition, obsolescence, or need of structural repair create an imminent hazard to public health, safety or welfare, as declared by the Zoning Inspector. Said signs are declared a nuisance and shall not be allowed within the Village of Elida. Notice shall be given by certified mail or personal service to the owner or lessee of any defective sign or the owner of the property on which it is located. The notice shall require defective sign removal or abatement within seven (7) days.
(3) Abandoned Signs: If any sign or billboard shall become abandoned in any manner, defined herein, such a sign or billboard is declared to be a public nuisance by reason that continued lack of use results in lack of reasonable and adequate maintenance, thereby causing deterioration and blighting influence on nearby properties. An abandoned or defective sign or billboard is any sign or billboard that meets any of the following criteria:
A. A sign that remains at the time a business (or use) identified by the sign discontinues the business or vacated the premises. A business has ceased operations if it is closed to the public for at least one hundred eighty (180) days. Seasonal businesses are exempt from this determination.
B. A sign or billboard associated with an abandoned nonconforming use.
C. Any sign or billboard that is not maintained in accordance with this chapter (refer to Section 1141.04(h)).
Abandoned signs as hereinabove defined shall be declared a public nuisance by the Zoning Inspector. Notice shall be given by certified mail or personal service to the owner or lessee of any abandoned sign or the owner of the property on which it is located. The notice shall require the abandoned sign be removed or replaced within thirty (30) days as determined by the following circumstances:
1. Signs that were used by a business which will be used by a new business re-occupying the structure may remain, but the sign face must be replaced by a blank panel. Such a sign must conform to this chapter; and,
2. Signs that were used by a business which are found to be nonconforming with this chapter must be removed from the property, including all supporting structure.
(b) Appeals of Notice to Remove. The owner or lessee of a sign or the owner of the property on which a sign is located who has been notified by the Village of Elida that said sign is prohibited, hazardous or abandoned may appeal such decision to the Board of Zoning Appeals within five (5) days of the receipt of such notice for prohibited and hazardous signs and within twenty (20) days for abandoned signs. The appeal shall contain the appellant's name and address, the decision being appealed, and a brief explanation why the appellant should not be required to comply with the decision being appealed.
(Ord. 1045. Passed 10-14-14.)