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(A) Generally. Encroachment by sign, show board, advertisement, banner, display, awning, canopy or other similar device or object as prohibited by § 91.110 may be allowed as provided in this section.
(B) Permits. Encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object as prohibited by § 91.110 may be allowed by the City Council if a permit therefore is issued in accordance with this subchapter.
(C) Effect of exceptions and permits. The existence of an exception hereunder or the issuance of a permit shall not be deemed to allow the violation of any other provisions of this code or established by law or ordinance regarding the obstruction of streets, sidewalks, alleys, parkways or other rights-of- way or the erection, placement, location or allowance of any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object, including, but not limited to those established otherwise in this chapter, pertaining to streets and sidewalks, or by Chapter 162, pertaining to zoning.
(1980 Code, § 14.502) Penalty, see § 91.999
(A) Generally. Encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object as prohibited by § 91.110 may be allowed by a permit issued by the Building Inspector after being approved by the City Council. There is no right to a permit or the continuation of a permit. All permits issued shall be revocable at the pleasure of the City Council or as provided herein.
(B) Types of permits. Permits issued hereunder may either be continuing permits or temporary permits. All permits shall be considered revocable. A continuing permit shall allow the continued encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object until revoked by the City Council or as provided herein. A temporary permit shall allow the encroachment by a sign, show board, advertisement, banner, display, awning, canopy or other similar device or object only for so long as is stated in the temporary permit and, in no event, more than 30 consecutive days. A temporary permit may be sooner revoked, however, by the City Council or as provided herein.
(C) Application for permit. Any person firm or corporation desiring to erect, place, locate or allow to remain, any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object otherwise prohibited pursuant to § 91.110 shall apply in writing to the City Council. The application shall be filed with the Building Inspector and be in the form, if any, as the Building Inspector may prescribe. The application shall include the following information, at a minimum:
(1) The location of the proposed sign, show board, advertisement, banner, display, awning, canopy or other similar device or object;
(2) The purpose for which the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object is to be erected, placed, located or allowed to remain;
(3) The exact lettering, marks, arrows, symbols, information, directions or advertisements, if any, to be contained thereon;
(4) The size, dimension and proposed placement of the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object;
(5) The lighting, if any, of the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object, including, in addition to any other relevant information, the number and type of globes or lights to be used, the total wattage or candle power thereof and whether the same will be pulsating;
(6) A statement as to whether the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object is to be continuing or temporary; and, if temporary, the dates or time period for which the permit is desired; and
(7) Any other information which may be material or is requested by the Building Inspector.
(D) Review of application. The Building Inspector shall review all applications for permits and forward the same together with the Building Inspector’s recommendations to the City Council.
(E) Issuance of permit. If approved by the City Council, the Building Inspector shall issue a revocable permit in accordance with the application, but subject to reservations or qualifications as the City Council may prescribe. In the case of temporary permits, the permit shall specifically provide that it is limited to a time period specified therein and, in no event, more than 30 consecutive days. Further temporary permits may be applied for. Generally, however, temporary permits will not be issued for a particular location more than 30 days in any 12-month period. Further, no continuing permit will be granted for any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object located upon (as opposed to overhanging) any sidewalk, street, alley, park way or other similar publicly owned areas in the city.
(F) Permit fees.
(1) Generally. Prior to the issuance of a permit hereunder, the applicant shall pay to the city a permit fee as herein provided. The fee shall be collected by the Building Inspector.
(2) Continuing permits. If the device or object contains any lettering, marks, arrows, symbols, information, directions or advertisements, the fee for a continuing permit shall be $0.50 per square foot or fraction thereof of the exposed sides of the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object, provided, however, that the fee shall in no event be less than $15. In determining square feet, the entire device or object as squared off shall be considered regardless of whether its entire surface contains any lettering, marks, arrows, symbols, information, directions or advertisements. If the device or object does not contain any lettering, marks, arrows, symbols, information, directions or advertisements, the fee shall be $15.
(3) Temporary permits. The fee for a temporary permit shall be $10 for 30 consecutive days, or any part thereof.
(4) Waiver of fee. The City Council reserves the right to waive any fees required hereunder if the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object is to be erected, placed or located by or for a charitable or not-for-profit organization or purpose, or otherwise as it shall determine.
(G) Change in sign. No change shall be made to the sign, show board, advertisement, banner, display, awning, canopy or other similar device or object permitted so that it is different than that permitted except as permitted by a new permit. The same fee shall apply for the new permit as established hereunder for initial permits. In the case of a continuing permit, a new permit shall not be required, however, because of the transfer of the real estate to which it applies. Temporary permits, on the other hand, shall terminate automatically.
(1980 Code, § 14.503) Penalty, see § 91.999
(A) Generally. The installation and maintenance of any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object shall be the responsibility of the applicant for any permit issued hereunder, or the applicant’s successors and assigns, if any, and the owner or owners of the property to which the same is attached or the permit relates in the case of a continuing permit. All signs, show boards, advertisements, banners, displays, awnings, canopies or other similar devices or objects shall be installed and maintained in a safe manner and condition.
(B) Location. All signs, show boards, advertisements, banners, displays, awnings, canopies or other similar devices or objects permitted shall be located in accordance with the permit issued therefore and in a manner so that the same does not obstruct or impede pedestrian or vehicular traffic or otherwise constitute a hazard.
(1980 Code, § 14.504) Penalty, see § 91.999
All signs, show boards, advertisements, banners, displays, awnings, canopies or other similar devices or objects allowed hereunder shall be under the supervision of the Chief of the Fire Department and the Building Inspector. The Chief of the Fire Department is specifically directed to inspect or cause an inspection to be made at regular intervals of every device or object. In the event any device or object is found insecure or to otherwise constitute a hazard to the public health, safety and welfare, the Chief of the Fire Department or the Building Inspector may direct that remedial actions be taken by the party or parties responsible for the device or object, which may include, among other remedial actions, the repair or removal of the device or object. If the hazard determined by the Chief of the Fire Department or Building Inspector is not remedied within ten days after notice of the defect, the Chief of the Fire Department or Building Inspector may take immediate action to do the same. Notwithstanding anything herein to the contrary, the Chief of the Fire Department and the Building Inspector may take emergency actions at any time, with or without notice, as he or she shall deem appropriate in the interests of the public health, safety and welfare, including, but not limited to, the immediate removal of the device or object.
(1980 Code, § 14.505) Penalty, see § 91.999
The applicant for any permit hereunder, the applicant’s successors and assigns, and, in the case of continuing permits, the owner or owners of the property to which the same is attached or the permit relates shall be responsible for any damages which may be incurred as a result of any device or object. He or she shall further be deemed by the issuance of the permit to have agreed to hold the city harmless as against any liability. Any inspections, review or approval of the city are made solely for its internal purposes only. Neither the city nor its agents and employees shall be liable for any damages on account of any inspection, review or approval or resulting from the device or objects.
(1980 Code, § 14.506) Penalty, see § 91.999
(A) Generally. Any sign, show board, advertisement, banner display, awning, canopy or other similar device or object for which encroachment is allowed hereunder shall be removed within ten days, in the case of any continuing permit or if a permit is not required, and within 24 hours, in the case of any temporary permit, after notice is given by the city revoking a permit or exception as to the device or object. If not timely removed, the city may cause the device or object to be removed and disposed of.
(B) Emergencies. Notwithstanding anything herein to the contrary, the city reserves the right to sooner cause the removal of any devices or objects in the interests of the public health, safety and welfare and as otherwise provided in this subchapter.
(C) Lien. The cost of any repair, removal of disposal of any sign, show board, advertisement, banner, display, awning, canopy or other similar device or object under the provisions of this subchapter or otherwise shall be a lien upon the real estate to which the device or object is or was attached or adjacent to which it is or was located. The lien shall be filed in the office of the County Recorder of Deeds within 60 days after costs are incurred, by a sworn statement setting forth the costs of the repair, removal disposition and the real estate to which the lien applies. The lien shall be superior to all other liens and encumbrances except taxes. However, the lien of the city shall not be valid as to any purchaser whose rights in and to the real estate have arisen subsequent to the removal and prior to the filing of the notice, and the lien of the city shall not be valid as to any mortgage, judgment creditor or other lien or notice. Upon payment of the cost and expense of recordation by the owner of or the persons interested in the property after notice of lien has been filed, the lien shall be released by the city and the release may be filed of record as in the case of filing notice of lien. The notice may, on behalf of the city, be executed and released by the Director of Utilities and Engineering, the Chief of the Fire Department, the Building Inspector, the City Treasurer, the City Clerk or any of the attorneys for the city.
(1980 Code, § 14.507) Penalty, see § 91.999
SUBSIDEWALK SPACE
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