Any sign or billboard removed by the Code Enforcement Official pursuant to the provisions of this chapter shall become the property of the City and may be disposed of in any manner deemed appropriate by the City. The cost of removal of any such sign or billboard by the City shall be considered a debt owed to the City by the owner of the property, and may be recovered in an appropriate court action by the City or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal, and the notice procedures set forth herein.
When it is determined by the Code Enforcement Official that any sign or billboard poses an imminent danger to the public safety, and contact cannot be made with the owner thereof or of the property, no written notice shall be required. In any such situation, the Code Enforcement Official may obviate and remove the danger, with all costs incident to said procedure being assessed as contained in the following subsections:
(a) The notice given by the Code Enforcement Official shall state the remedial action required to be taken, but shall also state that if such action is not taken within the time limits set forth in this chapter, the cost of correcting the unlawful feature of the sign shall be assessed against the property on which the sign is located, together with the additional five percent (5%) for inspection and incidental costs and an additional ten percent (10%) penalty for the cost of collection, and collected in the same manner as real estate taxes against the property.
(b) In the event the owner of the premises or person entitled to the possession, or the owner of the sign fails, neglects or refuses to comply with the notice to repair, rehabilitate or demolish the sign declared to be unlawful, the owner of the sign, the owner of the premises upon which the sign is located and the person entitled to possession thereof, if other than the owner of the premises, or all or any of them, may be prosecuted for violation of this chapter. The Code Enforcement Official may remove the sign declared to be unlawful.
(c) If it is necessary for the Code Enforcement Official to remove a sign pursuant to the provisions hereof, bids shall be taken when the estimated costs of demolition exceed five hundred dollars ($500.00). When completed, the Code Enforcement Official shall certify to the Clerk the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the tax rolls of the related municipal area, together with a statement for work performed, the date of performance and the cost thereof.
(d) Upon receipt of such statement, the Clerk shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown upon the tax rolls, by certified mail, postage prepaid, notifying such owner that the work has been performed pursuant to this chapter, stating the date of performance of the work, the nature of the work and demanding payments of the costs thereof, as certified by the Code Enforcement Official, together with five percent (5%) for the inspection and the other incidental costs in connection therewith. Such notice shall state that if such amount is not paid within thirty days of mailing the notice, it shall become an assessment upon and a lien against the property of such owner, describing the same, and will be certified as an assessment against the property of such owner, together with a ten percent (10%) penalty, for collection in the same manner as the real estate taxes upon the property.
(e) If the Clerk does not receive payment within a period of thirty days following the mailing of such notice, the Clerk shall inform the City Commission of such fact and the City Commission shall thereupon enact a resolution assessing the whole cost of such work, including five percent (5%) for inspection and other incidental costs in connection therewith upon the lots and tracts of land from which the sign has been removed, together with a ten percent (10%) penalty for the cost of collection.
(f) Following passage of such resolution upon third reading, the Clerk shall certify the same to the County Auditor who shall collect the assessment, including the ten percent (10%) penalty of cost for collection, in the same manner as other taxes are collected.
(g) Each such assessment shall be a lien against each lot or tract of land assessed until paid and shall have priority over all other liens except general taxes and prior special assessments.
(h) For all purposes hereinafter, the owner of the premises shall be presumed to be the owner of all signs thereon, unless the contrary shall appeal from facts brought to the attention of the Code Enforcement Official.
(Ord. 94-082. Passed 6-13-94.)