Any sign removed by the Engineering Department pursuant to the provisions of this chapter shall become the property of the City and may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property and may be recovered in an appropriate court action by the City or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign’s removal. All costs shall be assessed in accordance with the following subsections:
(a) The notice given by the Engineering Department shall state not only the remedial action required to be taken, but shall also state that if such action is not taken within the time limits set forth in this chapter, the cost of correcting the unlawful feature of the sign may be assessed against the property on which the sign is located, together with the additional five percent (5%) for the inspection and incidental costs and an additional ten percent (10%) penalty for the cost of collection and collected in the same manner as real estate taxes against the property.
(b) In the event the owner of the premises or person entitled to the possession, or the owner of the sign fails, neglects or refuses to comply with the notice to repair, rehabilitate, remove or demolish the sign declared to be unlawful, the owner of the sign, the owner of the premises upon which the sign is located and the person entitled to possession thereof, if other than the owner of the premises, or all or any of them, may be prosecuted for violation of this chapter. The Engineering Department may remove the sign declared to be unlawful.
(c) If it is necessary for the Engineering Department to remove a sign pursuant to the provisions hereof, quotes shall be taken when the estimated costs of demolition or removal exceed one thousand dollars ($1,000). When completed, the Engineering Department shall certify to the Finance Director the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the tax rolls of the related municipal area, together with a statement of work performed, the date of performance and the cost thereof.
(d) Upon receipt of such statement, the Finance Director shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown upon the tax rolls, by certified mail, postage prepaid, notifying such owner that the work has been performed pursuant to this chapter, stating the date of performance of the work, the nature of the work and demanding payments of the costs thereof, as certified by the Engineering Department, together with five percent (5%) for the inspection and the other incidental costs in connection therewith. Such notice shall state that if such amount is not paid within thirty days of mailing the notice, it shall become an assessment upon and a lien against the property of such owner, describing the same, and shall be certified as an assessment against the property of such owner, together with a ten percent (10%) penalty, for collection in the same manner as the real estate taxes upon the property.
(e) If the Finance Director does not receive payment within a period of thirty days following the mailing of such notice, the Finance Director shall inform Council of such fact and Council shall thereupon enact a resolution assessing the whole cost of such work, including five percent (5%) for inspection and other incidental costs in connection therewith upon the lots and tracts of land from which the sign has been removed, together with a ten percent (10%) penalty for the cost of collection.
(f) Following passage of such resolution, the Finance Director shall certify the same to the County Auditor who shall collect the assessment, including the ten percent (10%) penalty of cost for collection, in the same manner as other taxes are collected.
(g) Each such assessment shall be a lien against each lot or tract of land assessed until paid and shall have priority over all other liens except general taxes and prior special assessments.
(h) For all purposes hereinafter the owner of the premises shall be presumed to be the owner of all signs thereon, unless the contrary shall appear from facts brought to the attention of the Engineering Department.
(Ord. 07-14. Passed 4-2-07.)
CODIFIED ORDINANCES OF TIFFIN