(a) Every sign or other advertising structure, including supporting materials, in existence upon adoption of these regulations, that violates or does not conform to the provisions herein shall be altered, or replaced only in conformance with the provisions of these regulations, and only upon the review and approval of Council, except that signs that are damaged to 50 percent or less of the current fair market value may be restored to their former condition. However, in recognition of the desirability of the upgrading of existing signage and as an incentive to the nonconforming sign owner, Council may consider and grant variances to any of the provisions contained in these sign regulations, if the nonconforming sign owner is willing to agree to achieve sign compliance within a specified and agreed upon number of years.
(b) Any conforming or nonconforming sign and supporting materials existing which no longer advertises a bona fide business, or which no longer serves the purpose for which it was intended, or which is not maintained in accordance with these sign regulations shall, within 30 days of business termination or the time such sign becomes obsolete or not properly maintained, be removed by the certificate holder, property owner, sign owner, sign provider, or person having the beneficial use of the building or structure upon which such sign may be found. Signs which are not so removed are hereby declared to be a nuisance subject to abatement by the City.
(c) Written notification from the Zoning Compliance Officer concerning the removal of a sign shall be complied with within 30 days. Failure to comply with the abatement order shall result in the Zoning Compliance Officer having authorization to cause removal of such sign and supporting material. Any expense incidental to this removal shall be paid by the owner of the property upon which said sign is located. Failure to pay the cost for such removal shall result in a lien upon the premises, which lien shall be filed with the County Recorder's office, to remain a lien or record, until paid. The lien shall accrue interest at the maximum rate permitted by Ohio law prior to payment.
(d) If the Zoning Compliance Officer shall find that any sign or other advertising structure is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Code, notice shall be given in writing by the Zoning Compliance Officer to the certificate holder thereof, sign owner, property owner or sign provider. If the certificate holder, sign owner, property owner or sign provider fails to remove or alter the structure so as to comply with the standards herein set forth within 30 days after such notice, such sign or other advertising structure may be removed or altered to comply with these regulations at the expense of the certificate holder or the owner of the property upon which it is located, sign owner or sign provider. The Planning Director shall refuse to issue a certificate to any certificate holder, sign owner, property owner or sign provider who refuses to pay costs so assessed. The Zoning Compliance Officer may cause any sign or advertising structure which is in immediate peril to persons or property to be removed summarily and without notice.
(Ord. 2007-222. Passed 1-10-08.)