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(A) The Department, officer or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
(B) Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Department or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and any officer of the Department, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(Lou. Metro Ord. No. 144-2007, approved 7-30-2007)
If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)
(A) Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, or use any sign or equipment regulated by this chapter, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this chapter or be in conflict with or in violation of any of the provisions of this chapter.
(B) Citation; notice of violation. The Department shall serve a citation, notice of violation or order in accordance with the provisions of §§ 32.275 et seq.
(C) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with this chapter, as determined by a site reinspection performed by the Department, shall be cited in accordance with this chapter in order and the violation shall be deemed a strict liability offense to exact the penalty provided in this chapter.
(D) Other remedies.
(1) The Metro Government shall possess a lien for all fines assessed for the violation of this chapter and for all charges and fees incurred by the Metro Government in connection with the enforcement of this chapter in accordance with § 32.288.
(2) In addition to the remedy prescribed in subsection (D)(1), above, the person found to have committed the violation of this chapter shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by Metro Government in connection with the enforcement of this chapter. Metro Government may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt in accordance with § 32.288.
(E) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to stop an illegal act, conduct of business or utilization of the sign.
(Lou. Metro Ord. No. 144-2007, approved 7-30-2007)
(A) Any person, firm or corporation, who shall violate any provision of this chapter shall be subject to a civil penalty of $100 for the first offense, and $200 for each subsequent offense. Each day a violation continues after due notice has been served of the violation shall constitute a separate offense. Any person cited pursuant to this subsection (A) may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with §§ 32.275 et seq.
(B) The Metro Government shall possess a lien on property for all fines, penalties, charges and fees imposed pursuant to this chapter in accordance with § 155.98(D)(1). The lien shall be superior to and have priority over all other subsequent liens on the property except state, School Board and Metro Government taxes.
(C) Notwithstanding subsection (A) above, any person, firm or corporation who violates any provision of this chapter shall be subject to criminal proceedings and upon conviction thereof shall be subject to a fine of not more than $250 if committed by a person, not more than $500 if committed by a corporation, or imprisonment for a term not to exceed 50 days, or both. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(1999 Lou. Code, § 156.99) (Lou. Ord. No. 93-1980, approved 6-17-1980; Lou. Am. Ord. No. 47-1981, approved 3-19-1981; Lou. Am. Ord. No. 208-1990, approved 8-30-1990; Lou. Metro Am. Ord. No. 144-2007, approved 7-30-2007)