A. Inspection And Maintenance: The public works director, police department or their duly authorized representatives are authorized and directed to enforce all the provisions of this chapter and for such purposes shall have the powers of law enforcement officers. Upon presentation of proper credentials, enforcement officers may enter at reasonable times any building, structure or premises in the city to make inspection of a sign, its structural and electrical connections and to ensure compliance with any of the provisions of this chapter, including repair or structural alteration for safety of signs which present a hazard to the public.
B. Violations: Any person erecting, constructing, enlarging, altering, repairing, moving, improving, removing, converting or demolishing, equipping, using or maintaining any sign or sign structure in the city, or causing or permitting the same to be done, contrary to or in violation of any of the provisions of this chapter shall be guilty of a misdemeanor and a public nuisance.
C. Notice To Comply: Upon finding that any sign is in violation of any of the provisions of this chapter or endangers public safety, enforcement officers may declare the sign illegal. Enforcement officers shall provide the owner written or oral notice that the sign has been declared unlawful, specifying the reasons why the sign is unlawful and ordering that the sign be repaired, modified or removed within a reasonable time being either the same day or up to thirty (30) calendar days from pronouncement or issuance of notice.
D. Appeals: The council shall hear and decide appeals from any decision, requirement or interpretation made by an enforcement officer, or his duly authorized representatives, in the enforcement of this chapter. Such appeals must be made within thirty (30) days from the date of such action.
E. Removal Of Unlawful Signs: Any sign found in violation of this chapter may be impounded and sold or otherwise disposed of as follows:
1. Impoundment And Expense: Any unlawful sign which has not been removed following expiration of the notice to comply period, may be impounded and the costs of removal and storage shall constitute a lien in favor of the city upon and against such sign. Neither the city or its agents shall be liable for any sign damage at the time of removal or storage. If removal and storage costs have not been paid and the sign reclaimed within thirty (30) days of its removal by the city, the city may proceed to sell or otherwise dispose of the sign in accordance with subsection E3 of this section.
2. Proof Of Ownership: Any person claiming ownership of any impounded sign shall furnish proof of ownership. The owner of the premises shall be presumed to be the owner of all signs thereon, unless otherwise brought to the attention of the city. The sign shall be released to the owner upon payment of all the costs assessed against such sign.
3. Sale Or Disposal Of Impounded Signs: All signs impounded which are not reclaimed may be subjected to sale to the highest bidder for cash in the manner provided in subsection E4 of this section. Any proceeds in excess of removal and storage costs shall be paid to the owner. In the event there are no purchasers for the sale of such signs, the city may discard such signs in any way deemed convenient.
4. Notice Of Sale Or Disposal: Whenever any sign shall be sold hereunder, written notice shall be given to the owner as well as notice in one issue of the official newspaper five (5) days prior to the date of sale. The notice shall state that a sign sale will be had giving the time and place of such sale, that all bids shall be for cash to the highest bidder and that the city reserves the right to reject any or all bids. Upon payment of the bid prices, the city shall execute and deliver a bill of sale to the purchaser of such sign.
5. Not A Limitation Of Enforcement Options: The city shall have the discretion to enforce this chapter by any criminal or civil, legal or equitable prosecution. City shall have all enforcement powers set forth in chapter 3 of this title or other provision of Idaho law. (Ord. 527, 3-14-2005)