(A) Signs to conform.
(1) Except as provided in this subchapter, a sign shall not be erected, raised, moved, placed, reconstructed, extended, enlarged or altered, unless in conformity with this section.
(2) A non-conforming sign shall not be altered, reconstructed, raised, moved, placed, extended or enlarged unless the sign is changed so as to conform to all provisions of this subchapter.
(B) Prohibited signs to be abated.
(1) Signs prohibited under other laws or ordinances are also in violation of this subchapter and are subject to remedies herein provided.
(2) The non-conforming sign provisions of this subchapter shall not be applicable to the prohibited signs.
(C) Town office. The town office shall be responsible for inspecting signs as defined by this section, and shall be authorized to enforce this subchapter, but the Town Council, by resolution or ordinance, may from time to time entrust the administration, in whole or in part, to any other office of town government without amendment to this subchapter.
(D) Legal action. The town office with the consent of the Town Council shall be empowered to institute any appropriate action or proceeding in any case where any sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any town ordinance, to accomplish the following purposes:
(1) To prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;
(2) To restrain, to correct or abate the violation;
(3) To abate and remove unsafe or dangerous signs. If an unsafe or dangerous sign is not repaired or made safe within ten working days after giving notice as provided below, the town office may at once abate and remove a sign and the person having charge, control or benefit of any sign shall pay to the town the costs incurred in removal within 30 calendar days after written notice of the costs is mailed to the people; and
(4) Notification by the town shall mean written notice sent by certified mail to persons having charge or control or benefit of any sign, such as a property owner, found by the town office to be unsafe.
(E) Immediate hazard. In the case of an unsafe or illegal sign that is either an immediate hazard or whose primary purpose will have been served, at least in part, before the expiration of the notice period required herein, the town office may affect an immediate removal without notice, subject to a subsequent right of hearing by the person receiving benefits therefrom.
(F) Notice of non-maintained abandoned sign. The town office shall require each non-maintained or abandoned sign to be removed from the building or premises when the sign has not been repaired or put into use by the owner, person having control or person receiving benefits of the structure within 30 calendar days after notice of non-maintenance or abandonment is given to the owner, person having control or person receiving benefit of the structure.
(G) Right of appeal.
(1) Any person who has been ordered by the town office to alter or remove any sign, or any person whose application for a sign permit has been refused, may appeal to the Town Council by serving a written notice to the Town Clerk within ten days of the order of the town office.
(2) The notice shall be considered by the Council at its next regularly scheduled meeting.
(3) Upon filing of the notice of appeal, the town office shall take no further action with regard to any removal of the sign involved until the final decision of the Council on the appeal is known, unless the town office finds that the sign involved, by reason of its condition, presents an immediate and serious danger to the public, or comes within the provisions of division (E) above, in which case he or she shall proceed immediately as provided in this subchapter.
(1974 Code, § 306) (Res. 07-001, passed 2-13-2007; Ord. 07-001, passed 4-24-2007)