(A) Code Enforcement Officer, duties. The City Code Enforcement Officer is hereby authorized and directed to administer and enforce the provisions of this subchapter. This broad responsibility encompasses, but is not limited to, the following specific duties:
(1) To supervise the registration of all existing street signs and graphics;
(2) To review and pass upon all applications for street sign and graphic permits;
(3) To inspect existing and newly constructed street signs and graphics to determine compliance with this chapter, and where there are violations, to initiate appropriate corrective action;
(4) To review and forward to the City Clerk all applications for variances, appeal and amendments;
(5) To maintain up-to-date records of the applications and of any official actions taken pursuant thereto;
(6) To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the City Council at least once each year;
(7) To provide information to the general public on matters related to this chapter; and
(8) To perform other duties as the City Council may from time to time prescribe.
(B) Street sign and graphic permits.
(1) No sign, billboard or other street sign or graphic (except those listed in § 155.151(B) of this chapter) shall be erected, expanded, altered relocated or reconstructed without a street graphic permit issued by the Code Enforcement Officer.
(2) Every applicant for a street sign or graphic permit shall submit to the Code Enforcement Officer, in narrative and/or graphic form, all of the items of information listed below. Items of information shall be as follows:
(a) Name, address and telephone number of applicant;
(b) Name and address of owner of the premises on which the street sign or graphic is to be erected, if different from division (B)(2)(a) above;
(c) Location of the building, structure or lot where the proposed street sign or graphic is to be erected, and the zoning district classification of the premises;
(d) Description of the proposed street sign or graphic indicating proposed location, dimensions, area, overall height, illumination and method of support/attachment;
(e) Relationship of the proposed street sign or graphic to nearby traffic-control devices;
(f) Amount of street frontage that the establishment which proposes to display the street sign or graphic has, and the total area of all existing signs on the premises; and
(g) Other information as the Code Enforcement Officer shall reasonably require to determine full compliance with this subchapter.
(C) Non-conforming street signs and graphics.
(1) A
NON-CONFORMING STREET SIGN OR GRAPHIC shall mean any lawfully erected sign, billboard or other street graphic that does not conform to one or more provisions of this subchapter or any amendment thereof.
(2) A non-conforming street sign or graphic that does not pose an imminent peril to life or property may remain and be maintained by ordinary repairs, but shall not be:
(a) Altered or enlarged in such a way as to increase its non-conformity;
(b) Replaced by another non-conforming street sign or graphic (provided that, changing the message on a changeable copy sign shall not be deemed a violation of this subchapter);
(c) Relocated unless it is made to conform with this subchapter; or
(d) Reconstructed after incurring damage in an amount exceeding 50% of its market value prior to the time of loss as determined by the Code Enforcement Officer.
(D) Corrective action orders. Whenever the Code Enforcement Officer finds, by inspection or otherwise, that any street sign or graphic is in violation of this subchapter, he or she shall so notify the responsible party and shall order appropriate corrective action; provided that, this notice requirement shall not apply whenever the Code Enforcement Officer determines that any street sign or graphic poses an imminent peril to life or property.
(1) Contents of order. The order to take corrective action shall be in writing and shall include:
(a) A description of the premises sufficient for identification;
(b) A statement indicating the nature of the violation;
(c) A statement of the remedial action necessary to effect compliance;
(d) The date by which the violation must be corrected (which may be the same as the date of the order);
(e) A statement that the alleged violator is entitled to conference with the Code Enforcement Officer if he or she so desires;
(f) The manner and date by which an appeal of the corrective action order must be filed and a statement of the procedure for so filing; and
(g) A statement that failure to obey a corrective action order shall result in revocation of the street sign or graphic permit, and may result in remedial action by the city and/or the imposition of a fine.
(2) Service of order. A corrective action order shall be deemed properly served upon the owner of the offending street sign or graphic if it is:
(a) Served upon him or her personally;
(b) Sent by certified mail with return receipt to his or her last known address; or
(c) Posted in a conspicuous place on or about the affected premises.
(E) Remedial action of city.
(1) Whenever the recipient of a corrective action order fails to obey the order within the time limit set forth therein, or in any emergency, the Code Enforcement Officer may alter/remove the offending street sign or graphic or take any other action necessary to effect compliance with this subchapter.
(2) Any expense incurred by the city pursuant to authorized street sign or graphic remedial action shall be billed by first class mail to the owner of the offending street sign or graphic. If said bill has not been paid within 30 days, the unpaid charge shall constitute a lien upon the real estate where the street graphic is located. The city’s Attorney is hereby authorized to file a notice of lien in the office of the county’s Recorder of Deeds, to foreclose this lien, and to sue the owner of the real estate, or sign permittee, or their agents, in a civil action to recover the money due for the foregoing services, plus all expenses incurred pursuant to collection efforts including litigation expenses, plus reasonable attorney’s fees to be fixed by the court.
(F) Complaints. Whenever any violation of this subchapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Code Enforcement Officer. The Code Enforcement Officer shall record the complaints, promptly investigate and if he or she deems necessary, initiate appropriate corrective action.
(G) Fees. All permit fees, or fees for appeals or variances, shall be established by the City Council by resolution and shall be paid to the City Clerk. These fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue-raising device.
(H) Appeals. Any person aggrieved by any decision or order of the Code Enforcement Officer in any matter related to the interpretation or enforcement of any provision of this subchapter may appeal to City Council.
(1) Filing, stay of further proceedings.
(a) Every appeal shall be made within ten days of the matter complained of by filing with the Code Enforcement Officer a written notice specifying the grounds for appeal. Thereupon, the Code Enforcement Officer shall promptly transmit all pertinent records to the City Council.
(b) An appeal stays all further action on the matter being appealed unless the Code Enforcement Officer certified to the City Council, after the notice of appeal has been filed with him or her, that for reason stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the City Council or the circuit court grants a restraining order for due cause, and so notifies the Code Enforcement Officer.
(2) Public hearing, notice. The City Council shall consider every appeal within a reasonable time after the filing of the notice of appeal pursuant to division (H)(1) above and shall act upon such not later than 30 days after the filing of the appeal. The City Clerk shall notify the appellant and all interested parties of the time and place at which the appeal shall be heard and post public notice of the proceeding at City Hall. The City Council shall render a decision on the appeal by a simple majority vote of all members then holding office or may modify or amend the order appealed to the extent and in a manner as is appropriate in its discretion.
(I) Variances. A variance is a relaxation of the requirements of this subchapter that are applicable to particular street sign or graphic.
(1) Application. Every application for a variance shall be filed with the Code Enforcement Officer on a prescribed form. The Code Enforcement Officer shall promptly transmit the application to the City Council. The application shall contain sufficient information to allow the City Council to make an informed recommendation, and shall include, at a minimum, the following:
(a) Name and address of the applicant;
(b) Location of the street sign or graphic for which the variance is sought;
(c) Full and detailed explanation of the grounds for the variance request;
(d) Specific divisions of this subchapter containing the regulations which, if strictly applied, would cause a serious problem; and
(e) Any other pertinent information that the Code Enforcement Officer may require.
(2) Public hearing, notice. The City Council shall consider requests for variances within a reasonable time after the variance application is submitted and shall act upon such not later than 30 days after the filing of a variance request. Consideration of a request for variance shall be made in the same manner as prescribed with regard to appeals as hereinabove set forth in division (H)(2) above. The City Council may grant a street sign or graphic variance by an ordinance passed by a simple majority vote of all members then holding office. In a separate statement accompanying the ordinance, the City Council may state its findings of fact and indicate its reasons for granting or denying the requested variance.
(3) Standards for variances. No variance of any street sign or graphic provision of this code shall be granted unless, based upon substantial evidence, it is determined that:
(a) The proposed variance is consistent with the spirit and purpose of this subchapter, and will not cause injury to the area in which the street sign or graphic is/will be located or be detrimental to the public welfare in any way; and
(b) Strict application of the requirements of this subchapter would result in great practical difficulties or hardship to the applicant; the proposed variance is not a great deviation from the requirements that will alleviate the difficulties/hardship while protecting the broader public interest; or
(c) The plight of the applicant is due to peculiar circumstances not of his or her own making; and the peculiar circumstances engendering the variance request are not applicable to other street signs or graphics in the vicinity and, therefore, that a variance would be a more appropriate remedy than an amendment.
(1994 Code, § 155.132) (Ord. 429, passed 1-11-1993; Ord. 96-10, passed 7-8-1996)