A.
a Public
If any
erects, alters, relocates or maintains a sign in
of the provisions of the sign
, it is declared a public
, and the City Attorney is authorized to bring an action in a court of competent jurisdiction to enjoin such
from continuing the
.
B.
Declared a Civil Infraction
It shall be a civil infraction for any
to violate any of the provisions of the sign
.
C. Abandoned and Discontinued Signs; Obsolete Sign Copy
1. Nonconforming Signs
Any nonconforming sign or nonconforming sign
that is either discontinued for a period of six months or abandoned shall be removed by the owner of the sign or owner of the premises.
2.
on either a nonconforming or conforming sign shall be removed by the owner of the sign or owner of the premises.
shall be removed by replacing the sign face with a blank face, replacing the
with copy that is not obsolete, or removing the sign
.
3. Determination of Discontinuance
Recording of determination of discontinued nonconforming sign. The zoning administrator or designee may send notice by certified or registered mail or hand delivery to the record owner or occupier of the property to abate a
of this section, directing abatement within 30
from the date the notice was mailed or delivered. In making a determination that a sign or sign
is either abandoned or discontinued, or that sign copy is obsolete, the zoning administrator may consider:
a. Whether the property on which the sign is located is vacant or unoccupied;
b. The length of time the property is vacant or unoccupied;
c. The condition of the property;
d. The status of any business licenses, permits, or certificates of occupancy;
e. Utility records for the property;
f. Any acts taken by any
with respect to the property; and
g. Any other factor the zoning administrator considers relevant to this determination.
4. Temporary Signs
Temporary signs shall be deemed discontinued when the time, event or purpose to which the sign pertains has passed or otherwise no longer applies, and shall be removed as directed in a written notification by the zoning administrator.
D. Illegal Signs
Illegal signs are those that do not meet the requirements of the sign
and that have not received nonconforming status.
E. Removal of Abandoned, Prohibited and Illegal Signs by the Zoning Administrator
The zoning administrator shall enforce the sign
in accordance with one or more of the following procedures:
1. Administrative Enforcement
a. For an abandoned or discontinued sign, the zoning administrator or designee may send notice by certified or registered mail or hand delivery to the record owner or occupier of the property to abate the
within 30
from the date the notice was mailed or delivered.
b. For a prohibited or illegal sign, the zoning administrator or designee may send notice by certified or registered mail or hand delivery to the record owner or occupier of the property to abate the
within five
from the date the notice was mailed or delivered.
c. The zoning administrator shall specify in the notice the nature of the complaint and penalties and abatement remedies for the
. Abatement remedies shall consist of one or both of the following remedies:
(1) Removal of the sign; or
(2) Obtaining the required permits and bringing the sign into compliance with the sign
.
2. Summary Abatement
The zoning administrator or designee may immediately remove any dangerous sign or sign that creates an imminent threat to public safety. The zoning administrator may immediately remove any prohibited sign or illegal sign that is located within the public
. Illegal signs located within the public
are hereby determined to create an imminent threat to public safety.
3. Civil Citation
The zoning administrator or designee may issue or cause to be issued a civil citation or civil complaint to any
violating the provisions of the sign
.
F. Administrative Appeal
Review of decisions of the zoning administrator may be taken in the following ways:
1. Appeal of decisions of the zoning administrator relating to the sign
and requests for variances shall be made pursuant to
.
2. Proceedings involving the removal of illegal, abandoned or prohibited signs shall be conducted pursuant to this article.
3. In all other cases and whenever a
of any of the technical codes or this article is determined, whether during the construction or plan review stage, and the applicant wishes to appeal the decision of the staff because of code interpretations, unreasonable hardship or other acceptable reasons, an appeal may be made to the zoning administrator pursuant to the provisions of the applicable code.
G. Penalty
1. Any found responsible for a of the sign shall be guilty of a civil infraction and punished in accordance with the provisions outlined in Chapter 8 of the Tucson Code (City Court). If there is any conflict between the procedures of this section and the general procedures of Chapter 8, this section is controlling.
2. Upon a finding of responsibility, the magistrate shall impose the penalties (fine and abatement) provided under the Chapter 8 of the Tucson Code (City Court - Penalties). Upon expiration of the abatement time, the magistrate shall order the
to abate the in accordance with the provisions set forth in section below.
3. Except where prohibited by law, each day the
continues shall constitute a separate offense.
H. Abatement by the
After Court Order
1. Pursuant to the summary abatement provisions or after entry of a court order directing removal of an offending sign, the or its agents may enter upon the property and cause the offending sign to be removed at the expense of the owner, tenant, lessee or occupant either jointly or severally.
2. A verified statement of the costs or expense shall be sent by certified or registered mail to the last known address of the record owner and to the lessee, tenant or occupant. The record owner or the lessee shall be liable jointly or severally for the payment of said cost or expense.
3. The payment for costs or expenses shall be in addition to any civil penalty imposed pursuant to Chapter 8 of the Tucson Code (City Court).
(Ord. 11508, 12/5/2017)