Any violation of this chapter which presents an immediate risk to the health, safety, or welfare of the public, or to property within the town may be corrected by the Planning Director, or a person, firm, or organization selected by the Planning Director, without prior notice to the property owner or other person responsible for the violation.
(A) Immediate public risk violations shall include:
(1) Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this chapter;
(2) Any sign, structure, landscaping, or other material located on private property which serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public; and
(3) Any other immediate threat to public welfare as determined by the Town Council, Plan Commission, Board of Zoning Appeals, Planning Director, Town Engineer, Police or Fire Chief, or other public official.
(B) Any sign, structure, landscaping or other material which constitutes an immediate public risk violation may be seized by the Planning Director in a manner that results in minimal damage to the material and the property upon which it is located.
(C) The Planning Director shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this chapter, by either placing a notice in a conspicuous place on the property or by letter.
(1) The notice shall be sent to the property owner via certified mail within 24 hours of the seizure.
(2) The notice shall include the following:
(a) A description of the materials seized;
(b) A citation of the sections of this chapter which were violated and the characteristics of the violation which posed an immediate threat to public welfare;
(c) The address and phone number of the Planning Commission office and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item; and
(d) Instructions describing how, where, and when the seized items may be claimed.
(D) The Planning Director shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than 30 days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of a $25 fine and the establishment of a memorandum of agreement between the property owner and Planning Director regarding the future use of the item in a manner consistent with this chapter.
(E) Neither the Planning Director, the town or any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken.
(Ord. 2013-02, passed 3-11-03)