§ 150.87 RIGHT OF ENTRY.

   The Building Inspector or his designee shall have the right of entry as provided for in § 150.37 of this chapter.

(Ord. 1998-6, passed 6-2-98)

§ 150.88 REMEDIES.

   The City Attorney, upon receipt of a written notice from the Building Inspector, that having been issued a lawful notice and order to abate a violation of this subchapter, and after a reasonable time for compliance has expired, shall bring action in the circuit or superior court of the County of Jefferson, for the mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Inspector, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this subchapter.

(Ord. 1998-6, passed 6-2-98)

SIGNS

§ 150.90 OFF-PREMISES ADVERTISING SIGNS AND BILLBOARDS.

   (A)   Definition. An “off-premises sign” for the purposes of this subchapter is a sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises of where such sign is located.

   (B)   Purpose. The purpose of this subchapter is to provide minimum standards to safeguard life, health, property, property values and public welfare by regulating and controlling the quality of materials, construction, installation and maintenance of off-premises signs and billboards, in addition to the number, size, sign type and illumination of such off-premises signs and billboards and sign structures.

   (C)   Regulations.

      (1)   Off-premise signs shall be allowed in zoning districts GB, LB, M-1 and M-2, excluding the downtown area and off-premises signs on Lanier Drive, Wilson Avenue, Michigan Road, and Cragmont Street.

      (2)   The maximum size per face of an off-premise sign shall be 500 square feet, excluding structural supports and trim. The faces of the sign constructed in the form of a “V” shall not exceed an angle of 45 degrees.

      (3)   The maximum height of an off-site sign shall be 45 feet measured from the grade of its base to the top of the sign.

      (4)   The sign shall have a minimum clear space of 10 feet and a maximum clear space of 40 feet.

      (5)   Off-site signs shall be separated by a distance of 8,000 feet on the same side of the road or street and there will be an 8,000-foot circumference from any other off-site sign on the opposite side of the street.

      (6)   The setback from the street right-of-way shall be equal to the height of the off-site sign. When a sign is adjacent to a residential area, the sign shall be setback equal to the height of the sign.

      (7)   The structural support of the off-premise sign shall be constructed on a steel pole(s). All frames surrounding poster or bulletin displays shall be of rough sawn cedar or similar approved material. When a structure is constructed so as to have a copy material facing in a single direction, the exposed rear of the display and the structural members shall be finished and maintained to a degree equal to that of the copy side of the sign.

      (8)   Off-premise signs may be illuminated, subject to the following conditions:

         (a)   Signs which contain, include or are illuminated by any flashing, intermittent or moving light(s) are prohibited.

         (b)   Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of a street or roadway and which are of such intensity or brilliance as to cause glare and to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

         (c)   No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

      (9)   All off-premise signs shall be maintained in a state of good repair. The backs and supporting structures of all signs shall be kept painted in a neutral color to blend with the natural environment. The Zoning Administrator and the Building Inspector are authorized to inspect every off-premise sign. Whenever it shall appear that any sign has been constructed or is being maintained in violation of this section, such display shall be made to conform with all regulations herein or shall be removed at the expense of the owner within 30 days after written notification by the Zoning Administrator or Building Inspector.

(Ord. 2001-1, passed 1-23-01; Am. Ord. 2001-14, passed 7-31-01) Penalty, see § 150.99

§ 150.98 VIOLATIONS.

   It shall be unlawful for any person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure, other than fences, in the city or cause or permit the same to be done, contrary to or in violation of the provisions of this code.

(Ord. 1987-1, passed 3-3-87; Am. Ord. 4-1988, passed 5-17-88)

§ 150.99 PENALTY.

   (A)   If any person, firm, or corporation shall violate any of the provisions of this code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Inspector, or shall fail, neglect, or refuse to obey any lawful order given by the Building Inspector in connection with the provisions of this code for each such violation, failure, or refusal, such person, firm, or corporation shall be guilty of a class A infraction and be subject to a judgment for violation of this code in an amount not more than $2,500.

(Ord. 1987-1, passed 3-3-87; Am. Ord. 4-1988, passed 5-17-88; Am. Ord. 1988-6, passed 6-7-88)

   (B)   The owner or the occupant or the agent of any structure shall be responsible for the provisions of §§ 150.65 through 150.69. Any person that violates any part of these sections may be found guilty of a class D infraction and may be fined not more than $25 for each day which he allows the violation to exist.

(Ord. 1988-5, passed 7-5-88)

   (C)   Any person or corporation who violates or fails to comply with any provision of §§ 150.80 through 150.88 shall be guilty of a class A infraction as defined by IC 34-28-5-4 and shall be subject to the penalties thereunder, subject to the limitations of IC 36-1-3-8. Each day such violation exists shall constitute a separate offense.

(Ord. 1998-6, passed 6-2-98)

   (D)   The following penalties shall apply to § 150.90:

      (1)   The owner or agent of a building or premises in or upon which a violation of any provisions of § 150.90 has been committed or shall exist, or lessee or tenant of an entire building or entire premises in or upon which a violation shall exist, shall be guilty of a punishable violation and shall be punished by a fine not to exceed $300 for any one offense, recoverable with costs. Each and every day that the violation continues after notification shall constitute a separate offense.

      (2)   Any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided.

      (3)   Nothing herein contained shall prevent the city from taking any other lawful action that is necessary to prevent or remedy any violation.

(Ord. 2001-1, passed 1-23-01)