(a) Code Administration.
(1) The Village Zoning and Nuisance Inspector, Village Administrator, or Service Director, are authorized to process applications and issue permits and enforce and carry out all provisions of this chapter.
(2) The Village Zoning and Nuisance Inspector, Village Administrator or Service Director are empowered upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the Village of Minerva, for the purpose of inspection of any sign to ensure compliance with this chapter. Such inspections shall be conducted every two years or as necessary and shall take place during normal business hours unless an emergency exists.
(b) Permit Requirements/Procedures. With the exception of those signs listed in Section 1335.03
(c), no persons, firm or corporation shall erect, enlarge or structurally alter any sign within the Village without first obtaining a permit from the Village Zoning Inspector. No permit shall be required for the change of an existing sign which does not increase in size or change its structural nature.
Application for sign permits shall be made on forms provided by the Village and shall contain the following information:
(1) The name, address, and telephone number of the applicant.
(2) The name, address, and telephone number of the erector.
(3) The location of the building, structure or lot upon which the sign is to be located.
(4) A drawing showing the dimensions of the sign and its position in relation to nearby streets, buildings, and other signs or structures on the premises, including the height of the sign and its vertical distance from the bottom to ground level.
(5) A drawing showing materials to be used in conjunction with the sign, including graphics, colors, shapes, use of service to be advertised and method of construction.
(6) Written consent of the property owner on which the sign is to be located.
(7) Value of the sign.
(8) Other such information as the Zoning Inspector may require to ensure full compliance with the provisions of this chapter.
(c) Permit Fees. Every applicant, before being granted a sign permit, shall pay to the Village a fifteen dollar ($15.00) permit fee for each sign regulated by this chapter. When a sign is erected on any property prior to obtaining a permit, the fee shall be two times the specified fee; payment of this penalty shall not relieve any persons from complying with any of the requirements of this chapter.
(d) Permit Expiration. A permit shall become void if the work for which the permit was issued has not been completed in six months.
(e) Revocability of Permits. All rights and privileges acquired this chapter are mere licenses granted to the duration of the requested use only and are revocable at any time by the Zoning Inspector. All permits are conditioned upon the continued use of the premises or business for the purpose set forth in the application for the permit. The Zoning Inspector is hereby authorized to revoke any permit issued by the Zoning Inspector upon failure of the permit holder thereof to comply with any provisions of this chapter. The issuing of an improper permit does not relieve the applicant of any requirements set forth in this chapter.
(1) When a permit is denied, written notice shall be given to the applicant along with a brief statement of the reasons for denial. Any permit can be revoked for any false statement or misrepresentation of fact in the application.
(2) If a permit is denied, the permit fee will be refunded to the applicant.
(f) Appeals and Variances.
(1) Any decision by the Zoning/Nuisance Inspector, Village Administrator, or Service Director in denying a sign permit or in alledging a violation of this chapter, may be appealed to the Board of Zoning Appeals within ten days of such denial or allegation. Such appeal must be made in writing and filed with the Village Clerk of Council's office in the name of the Board of Zoning Appeals.
(2) Action being appealed shall be held in obeyance pending the decision by the Board. Appeals for sign permits will be handled in the same manner as appeal procedures established for Zoning Variances as set forth in the Zoning Ordinance.
(3) In obtaining a permit, the applicant may apply to the Board of Zoning Appeals for a variance from certain provisions of this chapter. A variance may be granted by the Board of Zoning Appeals where the literal application of this chapter would create a particular hardship for the sign user and the following conditions are met:
A. A literal application of this chapter would not allow the property to be used at it highest and best use as zoned.
B. The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
C. Hardship caused the sign user under a literal interpretation of this code is due to conditions unique to that property and does not apply generally to the Village.
D. The granting of the variance would not be contrary to the general objectives of this chapter.
(4) In granting a variance, the Board of Zoning Appeals may stipulate additional requirements necessary to carry out the purpose of this chapter in the best interest of the public.
(g) Abandoned/Obsolete Signs. Any sign which has become abandoned or obsolete due to cessation of the business, activity, product or service advertised thereon or for reason vacancy shall be completely removed from the premises within sixty days after such abandonment or obsolescency. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of four months. Abandoned signs are prohibited and shall be removed at the owners expense.
(h) Two Year Inspection. The Zoning/Nuisance Inspector, Village Administrator, or Service Director shall inspect all signs governed by this chapter every two years or at other such times as may be required in order to ascertain whether the same is secure, in need of repair, painting, replacement or abandonment. Through these inspections, any sign may be ordered to be painted or refurbished at least once every two years.
(i) Removal of Signs/Assessment for Costs.
(1) Whenever the removal or maintenance of a sign has been so ordered by either the Zoning/Nuisance Inspector, Village Administrator, or Service Director, the person, firm, or corporation, owning such sign or on whose premises, such signs is erected, shall remove or maintain such sign within thirty days from receipt of notification.
(2) When in the opinion of the Zoning/Nuisance Inspector, Village Administrator, or Service Director, that a sign is in violation of this chapter, a notice shall be prepared describing the sign and specifying the violation involved. The sign owner will have thirty days from receipt of such notification to correct any alleged violation including removal if so ordered.
(3) All notices shall be sent by certified mail. Any time periods specified in such notice shall commence on the date of receipt of the certified mail.
(4) In case of emergency where a sign is deemed to be an immediate threat to the public safety, such signs may be caused to be removed immediately without notice by the Village. After removal of a sign in this manner, a notice shall be mailed to the sign owner stating the nature of the work, the date on which the work was performed and demanding payment of all costs associated with the removal of such sign together with a ten percent (10%) additional cost for inspection and incidental costs.
(5) Any sign which is not removed or maintained by the owner of such sign if so ordered within the time limit specified in the notice, may be removed by the Village at the expense of the sign owner. Any sign removed by the Village will become the property of the Village and may be disposed of in any manner deemed appropriate by the Village. The cost of removal of the sign by the Village shall be considered a debt owed to the Village by the owner of the sign and the owner of the property and may be recovered in any appropriate court action by the Village by assessment against the property. If assessment procedures are required, a lien against the property together with a ten percent (10%) penalty for collection in the same manner as real estate taxes shall be made through proper legal procedures to the County tax office.
(6) The Administrator shall prepare a statement of all costs incurred with any work incurred by the Village in the removal or maintenance of any sign by the Village together with the ten percent (10%) penalty and shall certify to the Clerk of Council the legal description of the property upon which the work was conducted, together with the names of the owners as they appear on the most recent tax roll. The Clerk shall mail such statement to the property owner demanding payment within thirty days. Such statement shall include a notice that if the costs are not paid within the period specified, the cost of removal plus the ten percent (10%) penalty shall be filed as a lien against the property.
(7) If the Clerk does not receive payment within the thirty day period following the mailing of each notice, the Clerk shall inform the Administrator of the fact. The Administrator shall thereupon prepare a Resolution for Council's enactment assessing the whole cost of the work along with the ten percent (10%) penalty for inspection and incidental costs for collection in the same manner as real estate taxes.
(8) Upon passage of the assessment resolution, after completion of its third reading, the Clerk of Council shall certify the same to the County Auditor's office for assessment collection in accordance with all applicable State laws.
(j) Penalties.
(1) Violations of the provisions of this chapter or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violate this chapter or fails to comply with any of its requirements shall upon conviction be fined not less than twenty five dollars ($25.00) nor more than town hundred dollars ($200.00). Each such violation shall be considered a separate offense.
(2) 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 same penalties.
(k) Order of Violation. If the Zoning/Nuisance Inspector, Village Administrator or Service Director finds that any provisions of this chapter are being violated, he shall notify the person responsible for such violation in writing, indicating the nature and extent of such violation. He shall order a cessation of the violation or he shall take such action as authorized by this chapter to ensure compliance. After such order, no work except to correct such violations and comply with this chapter shall be permitted.
(Ord. 33-89. Passed 11-28-89.)