A. Enforcement Officer: The designees of the city’s public works department, police department, and fire and EMS department are authorized to enforce all provisions of this chapter.
B. Interpretation; Appeals: The departments shall have the power to render interpretations of this chapter and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this chapter. Appeals of such interpretations shall be submitted to the city board of adjustment as set forth in the city building code and zoning code.
C. Inspection: When necessary to make an inspection and enforce the provisions of this chapter the designated official who has a reasonable cause to believe a sign or a condition exists that may be in violation of this chapter or this code, may enter the premises at a reasonable time to inspect and enforce this chapter, provided credentials be presented to the occupant and entry requested. If the premises are not occupied, the designated official shall make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry. If entry is refused, the designated official shall resort to the remedies provided by law to secure entry.
D. Stop Work Order: Whenever any work is being done contrary to this chapter or other applicable laws or ordinances, the designated official may order such work stopped by notice in writing served on any person performing or permitting such work to be done. Work must then be stopped until authorized by the designated official.
E. Responsibility: This chapter shall not be construed to relieve or reduce the responsibility to any person owning, operating or controlling any sign or sign structure liability for any damages to persons or property caused by defects, nor shall the city be deemed to have assumed any liability by reason of any act or omission including, but not limited to, conducting any inspection authorized by this chapter or any permits issued under this chapter.
F. Unlawful Declaration: The designated official may declare any sign unlawful or a nuisance by reason of inadequate maintenance, improper placement, dilapidation, abandonment or for having been erected in violation of this code or other statute or federal law.
G. Property Owner Responsible For Violations: The property owner of any unlawful sign or sign structure shall be responsible for such violations.
H. Nuisance: Notwithstanding any other provision of this code, an unlawful sign is declared a nuisance and may be abated as such under applicable state law and city ordinances.
I. Appeals, Variances, Conditional Uses, And Zoning Changes: Title 10, "Zoning Regulations", of this code provides the procedure for applicants for sign permits who seek installation, erection, alteration, relocation, or placement of signs in a location that may not be permitted for such placement.
J. Liability Insurance: All installers, contractors or other persons engaged in the business of sign or outdoor advertising that erects, maintains or leases signs in the city's jurisdiction shall provide the appropriate city official certificate of liability insurance and bonding as may be required by the city and/or the state of South Dakota if work may encroach or include public property or public rights of way.
K. Removal; Disposal: The city's code enforcement official may remove and dispose of signs not in compliance with this chapter, if there is persistent noncompliance. (Ord. 2422, 1-21-2013; amd. Ord. O2020-14, 12-7-2020)