(A) Section 103, Enforcement. Section 103, “Enforcement”, of Chapter 1, “Title, Scope and Enforcement” of the Uniform Sign Code, 1991 edition, as enacted in Ord. D-1675 (City Clerk’s File 313-C-7) referred to as the “Uniform Sign Code” or “this Code”, is hereby amended to read as follows:
Section 103. Enforcement
(a) Authority. The Building Official is hereby authorized and directed to enforce the provisions of this Code. For these purposes the Building Official shall have the powers of a law enforcement officer.
(b) Right of Entry. When necessary to make an inspection to enforce the provisions of this Code, or whenever the Building Official or an authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition or code violation which makes the building or premises unsafe, dangerous, or hazardous, the Building Official may enter the building or premises at reasonable times to inspect the same or to perform the duties imposed upon the Building Official by this Code. If the building or premises is occupied, the Building Official shall first present proper credentials and request entry. If the building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
(c) Board of Appeals. In order to provide for reasonable interpretation of the provisions of this Code there is hereby established a Board of Appeals as provided in the Building Code. The Board of Appeals established under the Uniform Building Code, as adopted by the city, and the Board of Appeals established under this Code shall be one and the same.
(d) Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any sign in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code.
Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such persons shall be punishable by a fine of not less than $100 or more than $500 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
Any sign erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished, equipped, used, occupied or maintained in violation of this Code is hereby declared to be a nuisance per se. Upon application to any court of competent jurisdiction, the court may order the nuisance abated and/or the violation or threatened violation restrained and enjoined.
(e) Liability. Any employee or official of the City of Saginaw, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the Building Official or employee of the City of Saginaw, Michigan because of such act or omission performed by him or her in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the City of Saginaw shall be defended by the City of Saginaw until final determination of such proceedings, and any judgement resulting therefrom shall be assumed by this jurisdiction.
This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building, structure, or premises for any damages to persons or property caused by defects, nor shall the City of Saginaw be held as assuming any such liability by reason of the inspections authorized by this Code or any permits or certificates issued under this Code.
(f) Cooperation of Other Officials and Officers. The Building Official may request, and shall receive the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this Code or other pertinent law or ordinance.
(B) Section 303, Exemptions. Section 303, Exemptions, of Chapter 3, (page 5) “Permits, Fees and Inspections” of the Uniform Sign Code, 1991 edition as enacted in Ord. D-1675 (City Clerk’s File 313-C-7) referred to as the “Uniform Sign Code” or “this Code”, is hereby amended to read as follows:
Section 303. Exemptions.
A permit is not required for the following signs. These exemptions shall not be construed as relieving the owner of the sign from the responsibility for its erection, maintenance and compliance with the provisions of this Code or other laws or ordinances regulating signs.
1. Changing of the advertising copy or message on a painted or printed sign only. Except for theater marquees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception.
2. Painting, repainting, or cleaning of an advertising structure or changing the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made.
3. Signs less than six feet above grade, other than special purpose temporary signs, as defined and covered in § 153.146 of the Saginaw Code of Ordinances.
(C) Section 304, Fees. Section 304, “Fees”, of Chapter 3, (page 5) “Permits, Fees and Inspections” of the Uniform Sign Code, 1991 edition, as enacted in Ord. D-1675 (City Clerk’s File 313-C-7) referred to as the “Uniform Sign Code” or “this Code”, is hereby amended to read as follows:
Section 304. Fees.
A sign permit fee shall be paid in accordance with the schedule established as follows. All signs shall pay a permit fee of $25 per sign for any new sign, replacement sign, or alteration of existing sign. Such fee shall be paid prior to the erection or alteration of such sign. Permit fees shall be paid to the Inspections Division.
Any sign erected or altered, or any work which commencing to erect or alter a sign, prior to securing the required permit shall be subject to an additional penalty fee assessment equal to the actual cost of the permit. Such penalty assessment fee shall be paid at the same time as the permit fee and prior to continuing any work.
(D) Section 307, Annual Licenses for Certain Signs. Section 307, “Annual Licenses for Certain Signs”, is added to Chapter 3, “Permits, Fees and Inspections”, following Section 306 (page 6). Section 307 shall read as follows:
Section 307. Annual License for Certain Signs.
An annual encroachment permit (license) shall be obtained from the Licensed Inspector on a form provided by the City Clerk, by the owner of any sign on or over, or which might fall into, any street, alley or public place as required by §§ 96.055 through 96.069, “Encroachments”, of Ch. 96 of this code of ordinances. This license is separate from, and in addition to, the permit fees listed in § 304 of this Code.
No such permit/license shall be issued except upon the prepayment of a permit fee established at § 96.061 of Ch. 96 of this code of ordinances, and upon certification of the Licensed Inspector, after inspection, that the sign complies with provisions of this Code and that it is in good repair and in safe condition.
The Licensed Inspector reserves the right to remove and/or confiscate any sign for which a permit has not been obtained, the permit fee paid and/or an insurance certificate provided, if applicable, in accordance with § 96.066 of Chapter 96, Title IX of this code of ordinances. In the event of failure to remove, the Licensed Inspector may, after having provided 30 days’ written notice to the owner of the premises on which the sign is located or suspended (as indicated by the records of the City Assessor), remove the sign and charge the cost thereof to the owner in accordance with the provisions of § 33.26 of this code of ordinances.
(E) Section 1401, General. Section 1401, “General”, of Chapter 14, (page 28) “Temporary Signs” of the Uniform Sign Code, 1991 edition, as enacted in Ord. D-1675 (City Clerk’s File 313-C-7) referred to as the “Uniform Sign Code” or “this Code”, is hereby amended to read as follows:
Section 1401. General.
(Prior Code, § 150.21) (Ord. D-1676, passed 11-9-1992, effective 11-9-1992; Ord. O-102, passed 6-7-2010, effective 6-17-2010)