Any violation of this chapter that presents an immediate risk to the health, safety, or welfare of the public or to property within the town may be corrected by the Administrative Officer, or a property owner(s), firm, or organization selected by the Administrative Officer without prior notice to the property owner(s) or other property owner(s) responsible for the violation.
(A) Immediate public risk violation defined. Immediate public risk violations shall include but shall not be limited to:
(1) Obstructions. Signs, structures, landscaping or other materials placed in an easement, sight visibility triangle, or other public and/or private rights-of-way in violation of this chapter.
(2) Distractions. Any sign, structure, landscaping, or other material located on private property that serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public.
(3) Other threats. Any other immediate threat to public welfare as determined by any representative of the town or by the Board of Zoning Appeals based upon the advice and recommendation of the Administrative Officer.
(B) Seizure materials. Any sign, structure, landscaping or other material that constitutes an immediate public risk violation may be seized by the Administrative Officer, or his or her designee, in a manner that results in the least amount of damage to the material or the property on which it is located under the circumstances.
(C) Notice of violations. The Administrative Officer, or his or her designee, shall provide notice to the owner(s) of the property as listed in the records of the Auditor's Office. Office upon which the violation was located or any discernible appropriate owner(s) of materials placed within the right-of-way in violation of this chapter, by placing a notice in a conspicuous place on the property and by mailing a letter to that property owner(s).
(1) Notice time requirements. All notice letters shall be sent to the property owner(s) via certified mail within 24 hours of the seizure. Any notice that is to be posted on the property shall be posted at the time the material is seized.
(2) Notice contents. The letter and posted notice shall include the following:
(a) A description of the materials seized;
(b) A citation of the section(s) of the chapter that were violated and the characteristic(s) of the violation that posed an immediate threat to public welfare;
(c) The address and phone number of the Administrative Officer and the name of the person to be contacted by the property owner(s) to discuss the violation and request the return of the seized item(s); and
(d) Instructions describing how, where, and when the seized items may be claimed.
(D) Storage and retrieval of seized materials. The Administrative Officer, or his or her designee, 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 mailed to the property owner(s). The property owner(s) may claim the seized property at any time following its seizure upon the payment of the fine specified on the Fee Schedule and the establishment of a memorandum of agreement between the property owner(s) and Administrative Officer regarding the future use of the item in a manner consistent with this chapter.
(E) Liability. Neither the Administrative Officer, the town, nor any other official or entity involved in the seizure shall be liable for any damage to the seized materials or the property from which they were taken.
(Ord. 121410, passed 1-11-2011)