(A) The Department shall have the power and authority to administer and enforce this chapter.
(B) Included among the powers are the following specific powers.
(1) Every sign for which a permit is required shall be subject to the inspection and approval of the Department. When deemed advisable, a sign may be inspected at the point of manufacture.
(2) (a) Upon presentation of proper identification to the sign owner or owner's agent, the Department may enter the sign area for purposes of inspecting the sign, sign structure, and any fasteners securing the sign to a building or support.
(b) In cases of emergency, where imminent hazards to persons or property are known to exist and, where the sign owner, or owner's agent, is not readily available, the Department may enter the sign area for purposes of inspection or remediation. When on private property, the Department shall observe rules and regulations concerning safety, internal security and fire protection.
(c) If the Department is denied admission to inspect any sign, inspection shall be made only under authority of a warrant issued by a court of proper jurisdiction. When applying for the warrant, the Department shall submit an affidavit setting forth a belief that a violation of this chapter exists with respect to a particular sign, and the reasons for forming this belief. The affidavit shall designate the place and name of the person believed to own or possess the sign. If the court finds probable cause exists for the warrant to inspect the sign, and supporting structures, then a warrant authorizing the search shall be issued. The warrant shall describe the property with sufficient certainty to identify the same. This warrant shall constitute authority for the Department to enter the sign area and to inspect the property.
(C) Upon issuance of a stop work order from the Department, work on any sign that is being conducted in any manner contrary to this chapter shall be immediately stopped. This notice and order shall be in writing and shall be given to the owner of the parcel, the sign owner, or to the person performing the work. The stop work order shall state the conditions under which work may be resumed. The Police Department shall have authority to enforce a stop work order.
(D) The Department has the authority to revoke any permit authorized by this chapter if the sign violates this chapter or another law; provided that, the Department shall offer the sign owner an opportunity to be heard. The person whose permit is under consideration shall be given at least ten days' written notice of the time, place and reason for the hearing. The sign owner and/or person identified in the permit shall be permitted to present relevant facts and legal argument concerning the pending revocation. Following this hearing, the Department shall consider the merits of the case and shall present a written opinion prior to any action. If, however, the Department believes the health, safety or welfare of the citizens is endangered by any violation of this chapter, the Department may immediately revoke any sign permits.
(E) A sign installed after the effective date of this chapter, and not conforming to this chapter, shall be removed by the owner. The sign owner shall not be entitled to compensation for the sign removal and shall reimburse the Department for any costs incurred in connection with the removal.
(F) Any person violating any provision of this chapter shall be guilty of a civil infraction. Each day on which a violation occurs shall constitute a separate offense. In addition, the Municipal Attorney is authorized to take all action, legal, injunctive and equitable, to assure compliance with this chapter.
(Ord. 03-05, passed 6-17-2003; Ord. 14-08, passed 8-26-2014; Ord. 16-06, passed 12-19-2016) Penalty, see § 10.99