(a) An obscene sign shall be immediately removed.
(b) Any sign which violates the provisions of this chapter is hereby declared to be a public nuisance and shall be removed.
(c) Any sign required to have a permit pursuant to any regulation(s) that pre-existed this chapter and that is required to have a permit pursuant to the terms of this Chapter, if the sign lacks said permit on the effective date of this Chapter, the sign is declared to be a public nuisance and shall be removed.
(d) Any temporary sign in a dilapidated state as set forth in Section 1293.08(d) is hereby declared to be a public nuisance and shall be replaced or removed.
(e) Whenever the Building Inspector or designee suspects the existence of a public nuisance, as defined in this section, he or she shall promptly inspect or cause to be inspected the premises on which it is alleged such a public nuisance exists.
(f) Should the Building Inspector find that a public nuisance does exist, he or she shall cause a written notice to be served on the owner of the land, according to the property records of Montgomery County, Ohio, on which such unlawful sign is located stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the sign, the City, at the expense of said owner or owners, will abate the same. Such abatement shall start within 15 days after service of said notice and shall be complete within forty-five days.
(g) The notice referred to in division (f) of this section shall be served either personally or by leaving a copy thereof at the usual place of residence of the owner of the land, or by mailing a copy to such owner, according to the property records of Montgomery County, Ohio, at his or her usual place of residence, by United States certified mail with return receipt requested. If service of the written notice is not perfected by any of the hereinbefore described methods, then the Building Inspector or designee shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it is alleged such public nuisance exists. If there is no person in possession thereof, the Building Inspector shall cause a copy of the notice to be posted on the premises. The Building Inspector shall cause a return of service in the form of an affidavit that shall set forth the name and address of the person served, the manner of service and the date thereof.
(h) The said owner or owners may, within ten days after completion of service of the notice, make a demand in writing to the Building Inspector or designee for a hearing on the question of whether in fact a public nuisance, as defined in division (b) of this section, does exist. The hearing shall be held within ten days following receipt of said written demand, and at least two days' notice in writing of the said hearing shall be given to the said owner or owners. The said hearing shall be conducted by a Board of Zoning and Housing Appeals under the standards of Chapter 1236 of the Planning and Zoning Code. All members of the Board of Zoning and Housing Appeals shall concur that a public nuisance, as defined in division (b) of this section, exists, before enforcement of the abatement is carried out. A copy of the decision of said hearing board shall be promptly served upon the owner or owners in the manner provided in division (f) of this section.
(i) Should said nuisance not be abated at the expiration time stated in the notice issued by the Building Inspector or designee, or such additional time as the Board of Zoning and Housing Appeals may grant, the City Manager or designee shall be authorized at any time thereafter to enter upon said premises, and the owner shall permit him or her entry to abate the nuisance by removal of the sign and any associated supporting structures and components or by taking any other action that may be required. In abating such nuisance, the City Manager or designee may call upon any department of the City for whatever assistance may be necessary, or may, by private contract, obtain the abatement thereof, and the cost of such private contract shall be paid for from City funds specifically authorized by Council in order to abate such public nuisances. In abating such nuisance, the City Manager or designee may go to whatever extent necessary to complete the abatement of the same and the cost of the abatement action shall be recovered from the owner in the following procedures:
(1) The owner or owners shall be billed directly by certified mail for the cost of the abatement. The bill for the cost of the abatement shall be paid within sixty days after receipt of the bill.
(2) If costs are not so recovered, then the City shall cause the cost of the abatement to be levied as an assessment and recovered in accordance with R.C. § 715.261.
(j) This section shall not be deemed to be a limitation or restriction on the authority of any department, division, official or employee of the City, but shall be deemed as an enlargement of any authority existing by virtue of the statutes of the state or any ordinance heretofore enacted by Council.
(k) Removal of Dangerous or Defective Signs. Notice to the owner or lessee shall not be required prior to the removal of an unlawful sign which, in the opinion of the Building Inspector or designee, creates an immediate or potential danger to persons or property due to structural deficiencies or inadequate maintenance, nor shall notice be required prior to removal of a sign which, in the opinion of the City Engineer or designee, creates an immediate or potential danger to persons or property because of its location.
(l) No provision within this section shall limit any of the City’s legal and/or equitable remedies including, but not limited to, those remedies set forth in R.C. § 713.13.
(Ord. 6717. Passed 5-1-18.)