1187.04 SAFETY, MAINTENANCE, REMOVAL AND FREESTANDING SIGN REMOVAL INCENTIVE.

(a)   Applicable Building Codes. Every sign and all parts, portions, units and materials comprising the same, together with the electrical supply, the frame, the background, supports or anchorage thereof, shall be manufactured, fabricated, assembled, constructed and erected in compliance with all applicable rules, regulations or other limitations imposed by the City, State or Federal agencies. In cases where there is a conflict between agency rules, the more restrictive shall apply.

   (b)   Materials of Construction. Only those materials of construction, approved by the Building and Zoning Inspection Department as complying with standard engineering practices shall be used in the manufacturing and erection of signs.

   (c)   Sign Maintenance. Every sign including but not limited to those signs for which permits are required or for which no permits or permit fees are required, shall be maintained in a safe and good condition at all times, including the repair or replacement of defective parts, painting, repainting, cleaning and other acts required for the maintenance of the sign. The Building and Zoning Inspector shall require compliance with all standards of this Code. If the sign is not made to comply with adequate safety and maintenance standards, the Building and Zoning Inspector shall require its removal in accordance with this section. All banners shall be stretched to full length to ensure full readability.

   (d)   Obsolete Signs. Signs pertaining to enterprises or occupants that are no longer using the premises to which the sign relates shall be completely removed or the obsolete sign must be replaced with a blank replacement face panel and any internal lighting of the sign turned off by the holder of the permit or owner of premises within two months after the premises have been vacated. Painted wall signs shall be removed within sixty days. Permitted temporary signs such as construction signs shall be removed within fourteen days following the occurrence or completion of the event or other purpose served by the sign. In the case of construction signs, issuance of a certificate of occupancy shall be deemed completion of event in the case of new buildings. Painting over of existing sign faces left in place is not in compliance with this section.

   (e)   Removal and Disposal of Signs. The Building and Zoning Inspector shall cause to be removed any sign that is not properly maintained in accordance with subsection (c) hereof or which is hazardous as defined in subsection (f) hereof or which is obsolete under subsection (d) hereof.

(1)   The Building and Zoning Inspector shall prepare a notice to the owner of any such signs and/or the occupant of the premises on which any such sign is located, which notice shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten days the sign shall be removed in accordance with the provisions of this section.

(2)   All notices by the Building and Zoning Inspector under this section shall be sent by certified mail or hand delivered. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail or the last date of notice of delivery of the certified mail by the postal authorities or the date of hand delivery.

(3)   Notwithstanding the above, in cases of emergency, presenting an imminent danger to the public safety, the Building and Zoning Inspector may cause the immediate removal of a dangerous or defective sign or correction of the danger or defect without notice to the owner of the sign and/or occupant of the premises upon which the sign is located.

(4)   Any sign removed by the Building and Zoning Inspector pursuant to the provisions of this section shall become the property of the City and may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and/or the owner of the property and may be recovered in an appropriate court action by the City. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the removal of the sign.

   (f)   Hazardous Use of Signs. No sign shall be erected at or near any intersection of any streets or thoroughfares, streets, or alleys, or street and railway, in such manner as to obstruct free and clear vision, or at any location where by reason of position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Use of the words, stop, look, danger or other word, phrase or symbol in such manner as to interfere with, mislead or confuse traffic is similarly prohibited. No sign shall be erected in such a way as to obstruct sight distance. At a minimum the sign must be set back ten feet from the right-of-way and two feet from any curb cut access or a minimum of two feet from the right-of-way and twenty-five feet from any curb cut access.

   (g)   Freestanding Sign Removal Incentive. Existing conforming and non- conforming freestanding signs that are in existence are eligible for an incentive for their removal which allows additional signage up to one hundred fifty percent (150%) of the size of the removed freestanding sign to be applied to any signage on the premise. Once this incentive is given, no future freestanding signage will be permitted on the subject property. If applying the signage to a new ground sign, the height of the ground sign may be increased to ten feet.
(Ord. 134-06. Passed 11-13-06.)