(A) Sign permit applications.
(1) Application for a permit shall be on the official form provided by the city.
(2) The Zoning Administrator or designee shall not issue permits for the use, construction, reconstruction, or alteration of any sign structure until adequate information is submitted to determine the proposed action is in conformance with the provisions of these sign regulations.
(3) The Zoning Administrator or designee may, in writing, suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of a material omission or misstatement of fact, or in violation of this subchapter.
(4) No permit for a sign issued by the city shall be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued hereunder constitute a defense in any action to abate a nuisance.
(5) Whenever any sign for which a permit is required by this subchapter has been placed, erected, or displayed without first obtaining a permit, a special investigation shall be made before a permit may be issued. An investigation fee equal to, and in addition to, the permit fee shall be collected.
(6) Whenever any sign requires an electrical permit, both the sign permit and the electrical permit must be issued and obtained simultaneously or may be included under one sign permit.
(B) Permit fees and refunds.
(1) Before the city issues any sign permit required by this subchapter, the applicant shall pay all fees in accordance with the schedule as set by City Council resolution.
(2) For refunds, the applicant must submit a letter of request along with a copy of the sign permit to the Zoning Administrator or designee. Refunds shall be permitted in accordance with the provisions of the adopted building codes and city policies.
(C) Variances, site plan procedures, and administrative appeals.
(1) An application request for a variance from the provisions of this subchapter shall be submitted to the Zoning Administrator or designee and acted upon by the Board of Adjustment in accordance with this chapter, as it exists, or as it may be amended.
(2) An application for conditional use permits required by this subchapter shall be submitted to the Zoning Administrator or designee and acted upon by the Planning and Zoning Commission in accordance with this chapter, as it exists, or as it may be amended.
(3) An application for administrative appeal shall be submitted to the Zoning Administrator or designee and acted upon by the Board of Adjustment in accordance with this chapter as it exists or as it may be amended.
(D) Violations and revocations of permits. The Zoning Administrator or designee may revoke any permit authorizing the erection of any sign which is in violation of the permit of this subchapter. The following is the revocation process.
(1) Notice of the Zoning Administrator or designee’s decision to revoke a sign permit shall be served upon the applicant of the permit:
(a) By delivering in person a copy of the notice to the applicant of the permit or to one of its officers;
(b) By leaving a copy of the notice with any person in charge of the premises;
(c) In the event no such person can be found on the premises, by affixing a copy of the notice in a conspicuous position at an entrance to the premises and by the certified mailing of another copy of the notice to the last known post office address of the applicant of the permit; or
(d) By posting a copy of the notice on the sign in violation and by the certified mailing of another copy of the notice to the last know post office address of the applicant of the permit.
1. The applicant of the permit may appeal the decision of the Zoning Administrator or designee to revoke the permit to the Board of Adjustment, in writing, within 15 days from the date when the notice was served.
2. If no appeal has been taken at the end of 15 days, the permit is revoked. The Zoning Administrator or designee shall then initiate the process for the removal of the illegal sign in accordance with division (E) below.
(E) Removal of signs.
(1) The Zoning Administrator or designee is authorized to require removal of any illegal sign under the following provisions.
(2) Before bringing an action to require removal of any illegal sign, the Zoning Administrator or designee shall give written notice to the owner of the sign or the owner of the premises on which the sign is located. 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 subchapter, and specify that the sign must be removed or made to conform with the provisions of this subchapter with the notice period provided below.
(a) The notice period for permanent signs shall be ten days.
(b) The notice period for temporary signs shall be 48 hours.
(c) Re-erection of any sign or substantially similar sign on the same premises after a compliance notice has been issued shall be deemed a continuation of the original violation.
(3) Service of notice shall be made personally on the owner or lessee, or by certified mail addressed to the owner or lessee at the address specified in the permit or the last known address.
(4) If the owner of lessee of the premises upon which the sign is located has not demonstrated to the satisfaction of the Zoning Administrator or designee that the sign has been removed or brought into compliance with the provisions of this subchapter by the end of the notice period, then the Zoning Administrator or designee shall certify the violations to the City Attorney for prosecution.
(5) The Zoning Administrator or designee may remove any illegal sign which exists or has been re-erected after the expiration date of the notice period, if the owner or lessee of the premises has been issued a compliance notice at least once before for the same violation involving the same or similar sign.
(6) Notwithstanding the above, the Zoning Administrator or designee 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 or signs that creates an immediate hazard to persons or property, or of any sign which is placed in any right-of-way in violation of § 151.002.
(7) If the city removes all illegal sign pursuant to this section, the city may petition the court to recover the costs, expenses, and attorney fees which the city incurred in removing the illegal sign and in bringing the petition for recovery. If the court finds by a preponderance of the evidence that the city is entitled to recover, the court may order the defendant to pay to the city the amount of the costs, expenses, and attorney fees reasonably incurred by the city, and may enter judgment in favor of the city and against the defendant in that amount.
(F) Prosecution of violations. Every action to prosecute a violation of this subchapter shall be prosecuted in the manner provided in this city code.
(G) Liability for damages. The provisions of this subchapter shall not be construed to relieve or to limit in any way, the responsibility or liability of any person, firm, or corporation which erects or owns any sign, for personal injury or property damage caused by the sign; nor shall the provision of this subchapter be construed to impose upon the city’s officers, City Manager, or the city employees, any responsibility or liability by reasons of the approval of any sign under the provisions of this subchapter.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)