1145.12 ALTERATION AND REMOVAL OF UNSAFE, OBSOLETE AND NONCONFORMING SIGNS.
   (a)   Every sign or other advertising structure, including supporting materials, in existence upon adoption of these regulations that violates or does not conform to the provisions herein shall be altered or replaced in a timely manner only in conformance with the provisions of these regulations and upon the review and approval of the Board of Zoning Appeals, except in the following situations.
      (1)   When the existing use has new ownership which results only in a change of the name of the use or business on the property.
      (2)   When a building or structure is reoccupied by a use permitted in the district in which such building or structure is located, provided the building or structure is reoccupied within 90 days of being vacated and the new occupant requires no external building or site renovation.
      (3)   When a sign is damaged to 50% or less of its current fair market value, it may be restored to its former condition.
   (b)   Nonconforming signs shall be removed in the event one or more of the following occurs:
      (1)   When a sign is damaged by more than 50% of its current fair market value.
      (2)   When the use for which the nonconforming sign is accessory is vacant for 90 consecutive days.
      Signs which are not so removed are hereby declared to be a nuisance subject to abatement by the City.
   (c)   Any conforming sign and supporting materials which no longer advertises a bona fide business, or which no longer serves the purpose for which it was intended, shall, within 90 days of business termination or the time such sign becomes obsolete, be removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found. Signs which are not so removed are hereby declared to be a nuisance subject to abatement by the city.
   (d)   Written notification from the Zoning Inspector concerning the removal of a sign shall be complied with within 30 days. Failure to comply with the abatement order shall result in the Zoning Inspector having authorization to cause removal of such sign and supporting material. Any expense incidental to this removal shall be paid by the owner of the property upon which said sign is located. Failure to pay the cost for such removal shall result in a lien upon the premises, which lien shall be filed with the County Recorder's office, to remain a lien or record, until paid. The lien shall accrue interest at the maximum rate permitted by Ohio law prior to payment.
   (e)   If the Zoning Inspector shall find that any sign or other advertising structure is unsafe or unsecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Zoning Code, notice shall be given in writing by the Zoning Inspector to the certificate holder thereof. If the certificate holder fails to remove or alter the structure so as to comply with the standards herein set forth within 30 days after such notice, such sign or other advertising structure may be removed or altered to comply with these regulations at the expense of the certificate holder or the owner of the property upon which it is located. The Zoning Inspector shall refuse to issue a certificate to any certificate holder or owner who refuses to pay costs so assessed. The Zoning Inspector may cause any sign or advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
(Ord. 3-95. Passed 1-17-95; Ord. 25-2012. Passed 9-18-12; Ord. 2017-14. Passed 1-2-18.)