(A) Administration.
(1) Except where herein otherwise stated, the provisions of this section shall be administered by the Plan Commission or by its designee.
(2) The Department (or its authorized representative) is hereby empowered in performance of Departmental functions to enter upon any land in the town for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon markers, notices, or signs required to effect provisions of this subchapter. The above authorized person shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this subchapter.
(B) Duties of the Plan Commission.
(1) The Commission shall have the power to grant sign permits and to make inspections of buildings or premises necessary to carry out the Commission’s duties in the enforcement of this subchapter.
(2) It shall be improper for the Commission to approve plans or issue any permits or certificates for any sign until such plans have been inspected in detail and found to be in conformance with this subchapter, nor shall the Commission vary or change any terms of this subchapter.
(3) If the Commission shall find that any of the provisions of this subchapter are being violated, the Commission shall notify in writing the person responsible for such violations, indicating the nature of the violation. The Commission shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal signage; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
(C) Permit required.
(1) It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, or moving of any sign or sign structure or any portion thereof without first having applied in writing to the Commission for a sign permit to do so and a sign permit has been granted therefor. Primary responsibility for securing the necessary permits shall be the property owner’s. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person or firm hired to ensure that all required permits and approvals have been secured prior to any work being initiated.
(2) Blank forms shall be provided by the Commission for the use of those applying for permits as provided in this subchapter. Any permits issued by the Commission shall be on standard forms for such purpose. There shall be a separate permit for each sign to be constructed, altered, or erected.
(3) Any sign permit under which no construction work has been commenced within six months after the date of issuance of said permit or under which proposed construction has not been completed within one year of the time of issuance shall expire by limitation.
(D) Voiding of sign permit. A permit may be revoked by the Commission at any time prior to the completion of the sign for which the same was issued, when it shall appear to him that there is any departure from the plans, specifications, or conditions, as required under terms of the permit, that the same was procured by false representation, or that any provisions of this subchapter are being violated. Written notice of such revocation shall be served upon the owner, his or her agent or contractor, or upon any person employed of the building or structure for which such permit was issued, via a stop-work order, which shall be posted in a prominent location, and thereafter no such construction shall proceed.
(E) Compliance with sign permits. Sign permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter as provided herein.
(F) Violations. If it is found that a sign is in violation of this chapter, the Commission or its designee shall give notice to the owner of the sign, or if the owner cannot be located, to the owner or property management agent of the premises on which the sign is located or, if the sign erection is not complete, to the sign erector, either personally, by U.S. Mail, or by posting such a notice on the premises, such notice stating:
(1) The violation found;
(2) That the violations must be brought into compliance within the requirements of this and all other town ordinances within ten days from the date of such notice;
(3) The requirements which must be met; and
(4) That any person found to be in violation of any provision of this chapter shall be subject to the penalties established in § 154.999.
(Ord. 01-04-01, passed 4-10-2001)