(1) General Provisions
(a) The Zoning Administrator shall require compliance with all standards of this chapter. If the sign is not made to comply with the provisions of this section, the Zoning Administrator shall require its removal.
(b) Every sign, including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be repaired within 10 days of receiving a written notice from the city to repair so that said sign is maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, face wash, painting, repainting, cleaning, and other acts required for the maintenance of said sign.
(c) Whenever the Zoning Administrator finds a sign in need of repair, support, replacement, cleaning, repainting, or any maintenance service necessary to maintain reasonable and proper appearance and public safety, he or she shall issue an order to the owner allowing 30 days to correct needed repairs or maintenance. If the inspecting official determines that the existing condition of the sign creates an immediate hazard to the health or safety of the general public, he or she shall issue an order to the owner requiring the sign to be removed immediately.
(d) Failure of an owner to comply with the provisions in this subsection shall be cause for the inspecting official to order the permit issued for the sign void and issue an order for the sign to be removed. The cost of removal will be assessed to the property owner. If the property owner refuses to pay for removal of the sign, the cost of such removal shall be assessed to the property owner's tax records.
(2) Abandoned Signs
Except as otherwise provided in this chapter, any on-premise sign which is located on property which becomes vacant and unoccupied for a period of 6 months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to be abandoned. Permanent signs applicable to a business temporarily vacant because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of 3 months. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.
(3) Dangerous or Defective Signs
No persons shall maintain or permit to be maintained on any premises owned or controlled by them any sign which is in dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises.
(4) Removal of Signs by the Zoning Administrator
(a) The Zoning Administrator shall cause to be removed any sign in violation of this chapter or a sign for which no permit has been issued. The Zoning Administrator shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within 30 days, the sign shall be removed in accordance with the provisions of this section.
(b) All notices mailed by the Zoning Administrator shall be sent by certified mail. Any conformance time periods provided in this section shall be deemed to commence on the date of mailing of the certified mail.
(c) The notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property.
(d) Any person having an interest in the sign or the property may appeal the determination of the Zoning Administrator ordering compliance, removal, or compliance pursuant to § 154.03(M).
(e) Any signs found to be placed in the public right-of-way, on public property, or elsewhere where placement is prohibited under this section may be confiscated by the city and are subject to immediate removal without notification by the Zoning Administrator or any other city personnel.
(f) Notwithstanding the above, in cases of emergency, the Zoning Administrator may cause the immediate removal of a dangerous or defective sign without notice.
(5) Disposal of Signs and Fees
(a) Any sign removed by the Zoning Administrator pursuant to the provisions of this section 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.
(b) The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. Signs may be retrieved for a fine of $10 per sign at the Tipp City Government Center, for a period not to exceed 48 hours after removal by the Zoning Administrator or any other city personnel. After the 48 hours, the signs shall be disposed of or destroyed.
(c) When it is determined by the Zoning Administrator that said sign would be an imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the Zoning Administrator may correct the danger, all costs being assessed as contained in the following subdivisions:
(i) The notice given by the Zoning Administrator 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 estimated 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 5% for inspection and incidental costs and an additional 10% penalty for the cost of collection, and collected in the same manner as real estate taxes against the property.
(ii) In the event that the owner of the premises, or person entitled to the possession, or the owner of the sign shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or demolish the sign to be declared unlawful within 30 days 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 Zoning Administrator may remove the sign declared to be unlawful.
(iii) If it shall be necessary for the Zoning Administrator to remove a sign pursuant to the provisions hereof, sealed quotes shall be taken when the estimated costs of demolition exceed $500. When completed, the Zoning Administrator shall certify to the
Director of Finance the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown on the tax rolls of the related municipal area, together with a statement of work performed, the date of performance and the cost thereof.
(iv) Upon receipt of such statement, the Director of Finance shall mail a notice to the owner of said premises as shown on 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 Zoning Administrator), together with the 5% for inspection and other incidental costs in connection therewith. Such notice shall state that if said amount is not paid within 30 days of mailing the notice, it shall become an assessment upon and a lien against the property of said owner, describing the same, and will be certified as an assessment against the property together with a 10% penalty, for collection in the same manner as real estate taxes upon the property.
(v) If the Director of Finance shall not receive payment within a period of 30 days following the mailing of each notice, the Director of Finance shall inform the Council of such fact, and the Council shall thereupon enact an ordinance assessing the whole cost of such work, including the 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 10% penalty for the cost of collection.
(vi) The Finance Director shall collect the assessment, including the 10% penalty for the cost of collection, in the same manner as other taxes are collected.
(vii) 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.
(viii) 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 Zoning Administrator.
(Ord. 5-14, passed 3-17-2014)