(a) Code Administrator.
(1) The Building Department is authorized to process applications for permits and variances, hold public hearings as required, and enforce and carry out all provisions of this chapter, both in letter and in spirit. The Building Department is authorized to promulgate regulations and procedures consistent with this function.
(2) The Building Department is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the City for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.
(b) Application For Permits. Application for a permit for the erection, alteration, or relocation of a sign shall be made to the Superintendent of Permits and Inspection upon a form provided by the Superintendent of Permits and Inspection and shall include the following information:
(1) Name and address of the owner of the sign.
(2) Street address or location of the property on which the sign is to be located, along with the name and address of the property owner.
(3) The type of sign or sign structure as defined in this chapter.
(4) A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises.
(5) Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign.
(Ord. 47-1989. Passed 4-17-89.)
(c) Permit Fees. Every applicant, before being granted a sign permit, shall pay to the City a permit fee for each sign or other advertising structure regulated by this chapter, except those exempted by Section 1187.03(c) the fee schedule shall be fifty dollars ($50.00) base fee plus fifty cents ($0.50) of each one hundred dollars ($100.00) of the total cost of such sign. The total cost shall include, cost of sign, installation, and electrical installation if needed. Temporary/Special Event Signs, 1188.04, shall be thirty-five dollars ($35.00) per event. Non Profit Organizations are exempt with proof of 501 C3 certificate.
(Ord. 47-1989. Passed 4-17-89; Ord. 104-2010. Passed 10-4-10.)
(d) Issuance and Denial.
(1) The Building Department shall issue a permit and permit sticker for the erection, alteration, or relocation of a sign within five days of receipt of a valid application, provided that the sign complies with all applicable laws and regulations of the City. In all applications where a matter of interpretation arises, the more specific definition or higher standard shall prevail.
(2) When a permit is denied by the Building Department, he shall give a written notice to the applicant along with a brief statement of the reasons for denial. The Building Department may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.
(e) Permit Conditions, Refunds, and Penalties. If a permit is denied, the permit fee will be refunded to the applicant. (Ord. 47-1989. Passed 4-17-89.)
(1) A permit issued by the Building Department becomes null and void if work is not commenced within 180 days of issuance. If work authorized by the permit is suspended or abandoned for 180 days, the permit must be renewed with an additional payment of one-half of the original fee.
(2) If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this chapter.
(Ord. 47-1989. Passed 4-17-89; Ord. 104-2010. Passed 10-4-10.)
(f) Inspection Upon Completion.
(1) Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the Building Department upon completion of the work. The Building Department may require a final inspection of footings on freestanding signs.
(2) The Building Department may require in writing upon issuance of a permit that it be notified for inspection prior to the installation of certain signs.
(g) Variances. In obtaining a permit, the applicant may apply to the Building Department for a variance from certain requirements of this chapter. A variance may be granted by the Zoning and Building Standards Board of Appeals where the literal application of this chapter would create a particular hardship for the sign user and the following criteria are met:
(1) A literal application of this chapter would not allow the property to be used at its highest and best use as zoned.
(2) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
(3) Hardship caused the sign user under a literal interpretation of this chapter is due to conditions unique to that property and does not apply generally to the City.
(4) The granting of the variance would not be contrary to the general objectives of this chapter.
In granting a variance, the Zoning and Building Standards Board of Appeals may attach additional requirements necessary to carry out the spirit and purpose of this chapter in the public interest.
(h) Violations. When, in the opinion of the Building Department, a violation of this chapter exists, the Building Department shall issue a written order to the alleged violator. The order shall specify those sections of this chapter of which the individual may be in violation and shall state that the individual has fifteen days from the date of the order in which to correct the alleged violation or to appeal to the Zoning and Building Standards Board of Appeals.
(1) If, upon inspection, the Building Department finds that a sign is abandoned or structurally, materially or electrically defective, or in any way endangers the public, the Building Department shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within thirty days of the date of the order.
(2) In cases of emergency, the Building Department may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety as defined in the Ohio Basic Building Code or the Massillon Traffic Code.
(i) Removal of Signs By The Building Department. The Building Department may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Building Department together with an additional ten percent (10%) for inspection and incidental costs.
(1) If the amount specified in the notice is not paid within thirty days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property together with a ten percent (10%) penalty for collection in the same manner as the real estate taxes.
(2) The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Building Department, as in the case of a leased sign.
(3) For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign.
(j) Penalties. Violations of the provisions of this chapter or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00). Each day such violation continues shall be considered as a separate offense.
The owner or tenant of any building, structure, premises, or any part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(k) Order of Violations. If the Building Department finds that any of the provisions of this chapter are being violated, he shall notify the person responsible for such violation, indicating the nature and extent of the violation, he shall order a cessation of the violation or he shall take such action as authorized by this chapter to ensure that the use will comply with this chapter. After such an order is served and posted on the premises, no work, except to correct such violations and comply with this chapter, shall be permitted.
(l) Appeals.
(1) Any decision rendered by the Building Department in denying a permit or in alleging a violation of this chapter may be appealed to the Zoning and Building Standards Board of Appeals within ten days of such denial or allegation. Failure of the Building Department to respond to an application within five days shall be considered a rejection of such application.
(2) The action being appealed shall be held in abeyance pending the decision of the Board.
(Ord. 47-1989. Passed 4-17-89.)