(A) Abandoned and illegal signs. The Building Inspector/Code Enforcement Officer shall make a determination as to whether the sign is an abandoned and/or illegal sign, as defined in this subchapter. Written notification of the determination and any order for removal shall be provided to said owner, operator or person having beneficial use of the property upon which the sign is located. Abandoned and/or illegal signs shall be removed within 30 days of the determination. When there is a question or dispute over the building officer/code enforcement officer's determination, the Zoning Board of Appeals shall have the authority to hear such a challenge and, make such determinations and to require the removal of abandoned and/or illegal signs in the city, subject to the following procedure.
(1) Public hearing. Such action may be taken only after a public hearing has been held in accordance with M.C.L. § 125.3103 of PA 110 of 2008, as amended, at which time the owner, operator or person having beneficial use of the property upon which the sign is located shall be given an opportunity to present evidence as to whether the sign is abandoned and/or illegal, and whether the sign should be removed.
(2) Removal. If the Zoning Board of Appeals orders the abandoned and/or illegal signs to be removed, the signs shall be removed within 30 days of the determination and order for removal by the Zoning Board of Appeals. All sign copy and component parts shall be completely removed, and the area where the sign was located shall be restored as nearly as possible to its original condition. Failure to remove the sign shall constitute grounds for the city to seek Circuit Court approval to remove the sign at the expense of the owner of the property upon which the sign is located. The city may then place a lien on the property, adding necessary removal expenses to the tax bill for the property.
(B) Damaged signs. Signs determined to be in a damaged condition by the Building Inspector shall be repaired, replaced or removed to the satisfaction of the Building Inspector by the owner, operator or person having beneficial use of the property upon which the sign is located. If the owner does not take such action within ten days, such signs may be repaired or removed by the city at the expense of the owner of the property upon which the sign is located. The city may then place a lien on the property, adding necessary removal expenses to the tax bill for the property.
(C) Nonconforming signs. The elimination of nonconforming signs in the city is hereby declared to be for a public purpose and for a public use. The City Council shall have the authority to institute and prosecute proceedings for the condemnation of nonconforming signs determined to be in violation of the requirements for such signs specified in § 154.609 (Nonconforming Signs), under the power of eminent domain and in accordance with the General Law City Act, Public Act 3 of 1895, as amended. For the purpose of removal, the City Council may, at its discretion, acquire and remove nonconforming signs by purchase, condemnation or otherwise with the cost paid from general funds.
(D) Temporary signs. Temporary signs erected or displayed within a street right-of-way or corner clearance area, or without a valid permit, or after the expiration of a permit, may be removed by the city without notice. Signs removed shall be held by the city for a five day reclamation period, after which the sign shall be deemed abandoned and shall be discarded.
(E) Unsafe signs. Signs determined to be unsafe by the Building Inspector shall be immediately removed or repaired to the satisfaction of the Building Inspector by the owner, operator or person having beneficial use of the property upon which the sign is located. If the owner does not take such action within 24 hours, such signs may be removed by the city, at the expense of the owner of the property upon which the sign is located. The city may then place a lien on the property, adding necessary removal expenses to the tax bill for the property.
(Ord. 10-013, passed 1-11-10; Am. Ord. 19-003, passed 2-25-19)