(A) It shall be unlawful for any person, firm or association to place or attach any poster, card, sign or any other form of political or commercial advertising upon any utility pole located within the boundaries of the town.
(B) (1) In any case where any violation of this section may be found to exist, police officers shall serve notice upon the violator, ordering that person, firm or association to abate the violation within three days.
(2) If the owner, person, firm or association placing the sign refuses or neglects to abate the violation after the notice is given, then that person, firm or association shall be subject to the penalties provided herein.
(3) (a) In addition, the Town Council may cause the violation to be abated in any manner authorized by law, including removing the signs and instituting civil suit against the owner, person or persons, firm or association having placed the sign upon the utility pole. In the event of a civil action the town may recover the expense for abatement of the violation in addition to any fines, costs and other fees associated with the enforcement of this section.
(b) If the Council abates the violation, it shall notify the Clerk/Treasurer of that cost.
(c) The Clerk/Treasurer shall promptly notify the owner, or person or persons, firm or association placing the sign on the pole of that cost; and if that amount is not paid within 30 days, then the proper officers of the town shall proceed to collect this amount either by causing the costs to be placed on the tax duplicate of the violator or by suit.
(C) The requirements for service of notice under the provision of division (B) above may be complied with by mailing the notice by registered or certified mail to the last known address of the person or persons, firm or association sought to be notified, or by personal service of the notice by the Police Department.
(`93 Code, § 6-114) (Ord. 395, passed 9-24-84; Am. Ord. 95-620, passed 4-24-95; Am. Ord. 99-726, passed 9-27-99) Penalty, see § 10.99