A. Enforcement by Building Official: The building official shall have the authority to enforce these sign regulations. In the performance of that duty, the building official may:
1. Issue Permits: Issue permits to construct, modify or repair signs which conform to the provisions of this chapter;
2. Determine Conformance: Ascertain that all signs, construction, and all reconstruction or modifications of existing signs are built or constructed or modified in conformance with the provisions of these sign regulations and all other regulations incorporated herein by reference;
3. Require Inspection Tags: Require that each sign located in the city requiring a sign permit have affixed to the sign or its supports a current inspection tag visible from the sidewalk or nearest convenient location. This inspection tag shall be issued pursuant to the procedures for sign inspections, set forth in Subsection B of this section;
4. Issue Citations and Complaints: Issue citations and/or file complaints against violators of these sign regulations;
5. Confiscate Signs: Confiscate signs located on public property in accordance with the provisions of Subsection H of this section.
B. Inspection Requirements: The building official shall have the authority to inspect signs as follows:
1. Initial Inspection After Construction: The building official shall make an initial inspection prior to footings being poured on a freestanding sign, and upon the completion of construction, erection, re-erection or remodeling of any sign for which a permit has been issued and an inspection request is made.
2. Issuance of Inspection Tag: Upon completion of the sign inspection, the building official shall issue the appropriate inspection tag to the owner or sign contractor if the sign is found to conform to the provisions of this chapter. The presence of a current inspection tag shall serve as certification that the sign to which it is affixed conforms to the provisions of this chapter at the time of its erection and tagging.
3. Tag Data: Each sign inspection tag shall include the permit number and shall be recorded in the office of the building official as to the sign type, size, cost of construction, date of sign permit, and owner's and sign contractor's name and address.
4. Tag Installation: The inspection tag shall be installed by the sign owner, or sign contractor taking out the permit.
5. Inspection: The building official shall conduct an inspection of signs. If the building official finds any sign which has no visible inspection tag, has a visible inspection tag but is in need of repair, or violates any provision of this chapter, the building official may take the necessary legal action as specified in Subsections D through I of this section.
C. Legal Actions Authorized: The building official may take any appropriate action or institute any proceeding in any case where any sign is erected, constructed, reconstructed, modified, repaired, converted or maintained, or in any case where any sign is used in violation of these sign regulations or any other city ordinance, in order to accomplish the following purposes:
1. To prevent such unlawful erection, construction, reconstruction, modification, repair, conversion, maintenance or use of a sign; and
2. To restrain, to correct, or to abate such violation.
D. Notice of Violation: The building official may provide written notice of violation by registered mail to the owner of the property where the sign is located or person having charge or control or benefit of any sign found by the building official to be unsafe or dangerous, or in violation of these sign regulations or of any other city ordinance.
E. Nonmaintained or Abandoned Signs: The building official may require each nonmaintained or abandoned sign to be removed from the building or premises when such sign has not been repaired or put into use by the owner, person having control or person receiving benefit of such structure within thirty (30) calendar days after notice of nonmaintenance or abandonment is given to the owner, person having control or person receiving the benefit of such structure.
F. Unsafe or Dangerous Signs: If an unsafe or dangerous sign is not repaired or made safe within five (5) working days after the building official gives notice pursuant to Subsection D of this section, the building inspector may abate and remove the sign, and the person having charge, control or benefit of any such sign shall pay to the city the costs incurred in such removal within thirty (30) calendar days after written notice is mailed to such person.
G. Illegal Signs: If an illegal sign is not brought into compliance with the provisions of these sign regulations within thirty (30) working days after the building official gives notice pursuant to Subsection D of this section, the building inspector may abate and remove the sign, and the owner, person having charge, control or benefit of any such sign shall pay to the city the costs incurred in such removal within thirty (30) calendar days after written notice is mailed to such person.
H. Confiscation of Signs: The building official shall immediately confiscate any sign located on public property in violation of these sign regulations or any other city ordinances. Confiscated signs shall be stored at a location determined by the building official for a period of thirty (30) days, during which time the owner or person having charge, control or benefit of the confiscated sign may redeem the sign after payment of fifty dollars ($50.00) and any applicable civil fines established pursuant to Chapter 21A.20 of this title. The city shall not be liable for damages incurred to signs as a result of their confiscation. In addition to civil penalties sign owners and persons having charge, control or benefit of any sign erected in violation of this chapter shall be liable for any damages caused to public property, public facilities or public utilities by reason of the placement, attachment and/or removal of such unlawful signs. Signs not redeemed within thirty (30) days shall be destroyed.
I. Violation/Penalty: Any person whether acting as owner or occupant of the premises involved, or contractor, or otherwise, who violates or refuses to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in Section 1.12.050 of this code. A separate offense shall be deemed to be committed on each day an offense occurs or continues. (Ord. 44-23, 2023: Ord. 35-99 §§ 84, 85, 1999: Ord. 88-95 § 1 (Exh. A), 1995)