(A) Any sign removed pursuant to the provisions of this subchapter may be disposed of in any manner deemed appropriate by the county. The cost to the county for removal of the sign shall be considered a debt owed to the county by the owner of the sign and/or the owner of the property, and may be recovered in an appropriate court action by the county or by placement of a lien upon the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the county in connection with the sign’s removal; costs may be recovered by the county in the manner provided.
(B) The notice given by the Administrator shall state the remedial action required to be taken; if such action is not taken within the time limits set forth in this chapter, the cost of correcting the unlawful statute of the sign may be charged against the property on which the sign is located, together with any additional 5% for inspection and incidental costs and an additional 10% penalty for the cost of collection, and collected in the same manner as real estate taxes against the property.
(C) In the event that the owner of the premises, or person entitled to possession thereof, or the owner of the sign, shall fail, neglect or refuse to comply with the notice to remove, repair, rehabilitate or demolish the sign declared to be unlawful, as appropriate, the owner of the sign, the owner of the premises upon which the sign is located, and the permit entitled to possession thereof (if other than the owner of the premises), or all or any of them, may be prosecuted for violation(s) of this chapter. The Administrator may remove the sign declared to be unlawful.
(D) (1) If it shall be necessary for the Administrator to remove a sign pursuant to the provisions hereof, bids shall be taken when the estimated costs of removal or demolition exceed $1,500.
(2) When completed, the Administrator shall certify to the State’s Attorney the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the tax rolls of the county, together with a statement of work performed, the date of performance and the cost thereof.
(E) (1) Upon receipt of such statement, the State’s Attorney shall mail a notice to the owner of said premises as shown by the tax rolls at the address shown upon the tax rolls by certified mail, postage prepaid, notifying such of the costs thereof (as certified by the Administrator), together with 5% for the inspection and the other incidental costs in connection therewith.
(2) Such notice shall state that if said amount is not paid within 30 days following the mailing of such notice, the Director of Finance will place a lien upon said owner.
(F) If the State’s Attorney’s office shall not receive payment within a period of 30 days following the mailing of such notice, the Director of Finance will place a lien upon said property.
(G) Each such lien against each lot or tract of land assessed, until paid, and shall have priority over all other subsequent liens except general and special taxes.
(H) For purposes of this subchapter, the owner of property upon which a sign is located shall be presumed to be the owner of all signs thereon, unless the contrary shall appear from facts brought to the attention of the Administrator.
(I) (1) Notwithstanding the provisions cited above in this subchapter, in cases of emergency, the Administrator may cause to be repaired or removed summarily and without notice any unlawful sign which creates an immediate hazard to the public through improper construction, or which creates a hazard by obstructing view at intersections of either motorist or pedestrian or any sign which has become an immediate hazard to the public.
(2) Summary removal or repair provided for herein shall not relieve the owner of the sign or the property on which it is located from liability to the county for the costs provided for in this section.
(Ord. passed 3-13-2012)