(a) General.
(1) A Code Enforcement Officer shall enforce all provisions of this subchapter.
(b) Removal of signs by the Code Enforcement Officer.
(1) A Code Enforcement Officer shall cause to be removed any temporary or permanent sign that constitutes a public nuisance in that it endangers the public safety, such as a sign which has been abandoned, is illegal, is dangerous, or is materially, electrically, or structurally defective. A Code Enforcement Officer shall also cause to be removed any sign except a valid nonconforming sign for which no permit has been issued or a sign which is not in compliance with the permit issued. Before removing any such sign, however, a Code Enforcement Officer shall first prepare and serve upon the property owner or occupant a notice which describes the sign and specifies the violation involved. This notice shall require that a permanent sign shall be removed or the violation corrected within the next ten days or that a temporary sign shall be removed or the violation corrected within the next 24 hours. If this notice is not complied with, the sign shall be removed immediately following the applicable time frames by a Code Enforcement Officer in accordance with the provisions of this subchapter.
(2) All notices issued by a Code Enforcement Officer may be served by certified mail or delivery to the property owner, current occupant, to a person temporarily or permanently in charge of the establishment or the sign owner in case of temporary signs. Any time periods provided in this section shall be deemed to commence on the date of the service of the notice.
(3) The applicant, or in the absence of the applicant, the property owner shall be jointly and severally obligated to reimburse the city immediately for all third party and administrative expenses incurred in removing any sign including but not limited to costs to the city of time of city employees. If the violations are corrected and removal obligations paid, the applicant or the property owner may reclaim the sign from the city.
(4) The sign shall become the property of the city after 30 days if removal costs are not paid or if violations are not corrected. Thereafter the sign shall be disposed of in any manner deemed appropriate by the City Manager. This possible result shall also be explained by the served notice.
(c) Permits Required.
(1) A zoning permit shall be obtained for erection, construction, relocation, or alteration of any sign unless exempted by this subchapter. Any sign subject to this subchapter shall comply with all city zoning, building, and electrical codes.
(d) Permit Application.
(1) Application for a permit to install a temporary or permanent sign shall be made upon an application form provided by the Planning Department. This application shall be accompanied by such information as may be required to assure compliance with all appropriate provisions of this subchapter.
(e) Permit Fee.
(1) Application for permits shall be filed with the Zoning Administrator, together with a permit fee. In addition, when any sign is hereafter erected, placed, installed or otherwise established on any property without first obtaining the permit required by this subchapter, the permit fees shall be doubled; however the payment of such double fee shall not relieve any person from complying with other provisions of this section or from penalties prescribed herein. The fee for all signs shall be calculated on a square footage basis. Permit fees shall be charged in amounts as established by City Council.
(f) Permitted Sign Duration.
(1) Any sign deemed permanent under this subchapter shall remain a permanent sign unless otherwise stated in this subchapter. A renewal fee is not required.
(g) Maintenance of Signs.
(1) Every sign shall be maintained in a safe and aesthetically presentable condition at all times and must not appear to be in a deteriorated or dilapidated condition. Proper sign maintenance includes, but is not limited to, the replacement of defective parts, painting, cleaning, and other acts required for maintenance of the appearance and structural condition of the sign.
(h) Removal of Unlawful Sign in the Public Rights-of-way.
(1) Signs, other than governmental signs are specifically prohibited in public rights-of-way. The city shall immediately remove or cause to be removed from the public rights-of-way any sign other than governmental as referenced in this section. Just as a private property owner may remove any sign placed on his or her private property so may the city if the sign is in violation of this subchapter. Such removal authority must be exercised in a nondiscriminatory manner.
(i) Developer’s Sign Program.
(1) Developers, owners, and managers of proposed new developments and/or revised and remodeled existing developments shall be required to submit to the Zoning Administrator a Sign Program for the development. The Sign Program shall describe proposed controls over signs to be used in the development, including type, size, placement, and materials of all signs to be allowed in the development. Signs within the development should be developed around a common theme such as colors, fonts and materials.
(2) Upon approval by the Zoning Administrator all sign permits issued for the development shall meet the requirements of this code as well as the guidelines of the development’s adopted sign program. In cases of a conflict between the provisions of this code and the development’s adopted sign program, this code shall prevail.
(Ord. 45-08. Passed 12-15-08.)