(A) Every sign, including those specifically exempt from this subchapter with respect to permits and fees shall be maintained in good structural condition at all times. The Zoning Enforcement Officer shall have the authority to cause the repair, repainting, alteration or removal of a sign which constitutes a hazard to safety, health, or public welfare, by reason of inadequate maintenance, dilapidation or abandonment.
(B) Except as otherwise provided in this subchapter, any sign that is located on property that becomes vacant and is unoccupied or unused for the conduct of normal business for a period of 90 days or more, or any sign that pertains to a time, event, or purpose that no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended due to a change of ownership or management of the business shall not be deemed abandoned unless the property remains vacant or unused for the conduct of normal business for 180 days or more. An abandoned sign shall be removed by the owner of the sign or owner of the premises.
(C) (1) The Zoning Enforcement Officer shall cause to be removed any sign that endangers the public safety or any sign for which no permit has been issued, except those listed in § 155.089. The Zoning Enforcement Officer shall prepare a notice which shall state that the sign is to be removed within 30 days. The sign shall be removed at the expense of the sign owner or property owner in accordance with the provisions of this section.
(2) All notices mailed by the Zoning Enforcement Officer shall be sent by certified mail. Any time periods provided in this section shall be deemed to commence on the date of the notice.
(3) Any persons having a financial interest in a sign for which a notice has been prepared may appeal to the Zoning Board of Adjustment by filing a notice of appeal within ten days after the receipt of the notice.
(4) Notwithstanding the above, in cases of emergency, the Zoning Enforcement Officer may cause the immediate removal of a sign posing imminent danger to public welfare or safety without notice and at the owner's expense.
(5) Costs of removal or repair, court costs and attorney fees incurred by the town shall be assessed against the owners of the sign or property.
(6) Existing signs, except off-premises signs such as billboards, which are made nonconforming by this subchapter but are not abandoned or do not pose a hazard to the public may continue to be used by the present owner. At the time that the zoning lot upon which the sign is located is sold, or at the time that the business to which the sign pertains is closed or sold, any existing sign must be removed or must be made to comply to all the provisions of this section within 180 days of the sale or business closure.
(D) If a sign owner fails to remove a sign which violates the provisions of this subchapter within the time period allotted for removal, the Zoning Enforcement Officer shall cause the sign to be removed and all costs of the removal shall be assessed against the owner of the sign or property.
(E) A nonconforming sign which sustains damage exceeding 50% of its value or sustains damage to more than 50% of the sign area may not be reconstructed unless the reconstruction will make the sign conform to all provisions of this subchapter.
(`94 Code, App. C, Art. VIII, § 13)
Cross-reference:
Persistent violations, see § 155.999(C)