(A) The Codes and Zoning Enforcement Officer shall require compliance with all standards of this chapter. The Officer shall require the removal in accordance with this section of any unlawful sign. If the Officer shall certify in writing to the Police and Fire Departments the existence of unlawful signs, then employees of those departments are authorized to remove signs in accordance with this section.
(B) Unlawful signs. In case any sign shall be installed, erected, constructed, or maintained in violation of any of the terms of this subchapter, the Codes and Zoning Enforcement Officer shall notify in writing the owner, agent, or person having the beneficial use of the building, structure, or lot upon which the sign may be found to alter such sign so as to comply with this subchapter within ten (10) days. Upon failure to comply with such notice within the time specified, the Codes Enforcement Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure, or lot to which such sign is attached, and same shall constitute a lien against the property in the same manner as the city ad valorem taxes.
(C) Unlawful signs on public property. The Codes Enforcement Officer, or the Police or Fire Departments, upon his certificate, shall cause to be removed any unlawful sign on public property, rights-of-way or easements. The Codes Enforcement Officer shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed, or the violation is not corrected within ten (10) days the sign shall be removed in accordance with the provisions of this section. The notice shall be mailed to the owner of the sign, if the same can be determined. With regard to political signs in violation, the notice shall be mailed to the candidate. If possible with regard to any other nonconforming sign, the Codes Enforcement Officer shall make reasonable efforts to notify the person responsible for the use stated in the notice, but failure of the Codes Enforcement Officer to notify any person of the unlawful nature of the sign shall not prohibit further action under this section.
(D) Any person having an interest in the sign may appeal the determination of the Codes Enforcement Officer ordering removal or compliance, by filing a written notice of appeal with the City Clerk within ten (10) days after the date of the notice of the Codes Enforcement Officer, who shall refer the matter to the city's Hearing Officer.
(E) Notwithstanding the above, unlawful signs on public property, rights-of-way or easements that endanger the public safety such as a sign that blocks or impedes traffic or traffic view, an abandoned sign, a dangerous, electrically or structurally defective sign, may be immediately removed by the Codes Enforcement officer without notice to the owner(s) thereof.
(F) Any sign removed by the city or its employees pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The costs of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and may be recovered in an appropriate court action by the city. The costs of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal.
(G) If it shall be necessary for the Codes Enforcement Officer to remove a sign pursuant to the provisions of this section, and is practicable to sell or salvage any materials derived in the aforesaid removal, he or she may sell the same at private or public sale at the best price obtainable, and shall keep an account of the proceeds thereof. These proceeds, if any, shall be used to offset the costs of removal, to be charged to the sign owner. Any excess over those costs, and the costs of the removal shall be considered a debt by the owner of the sign against the city. Should the proceeds exceed the costs, the excess shall be paid to the owner of the signs, whenever the claim therefor is established.
(Ord. O-2019-20, passed 7-22-19)