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(A) The Administrator shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous, or materially, electrically, or structurally defective sign or a sign for which no permit has been issued. The 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 ten days the sign shall be removed in accordance with the provisions of this section.
(B) All notices mailed by the Administrator shall be sent by certified mail. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail.
(C) For all other signs 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 Administrator ordering removal or compliance by filing a written notice of appeal with the Sign Board of Appeals within 30 days after the date of mailing the notice, or 30 days after receipt of the notice if the notice was not mailed.
(E) Notwithstanding the above, in cases of emergency, the Administrator may cause the immediate removal of a dangerous or defective sign without notice.
(Ord. 81-0-8, passed 4-21-81)
(A) Any sign removed by the 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. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal.
(B) When it is determined by the Administrator that the sign would cause 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 Administrator may correct the danger, all costs being assessed as contained in the following:
(l) The notice given by the 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 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.
(2) 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 to be unlawful, the owner of the sign, the owner of the premises on 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 Administrator may remove the sign declared to be unlawful.
(3) If it shall be necessary for the Administrator to remove a sign pursuant to the provisions hereof, bids shall be taken when the estimated costs of demolition exceed $500. When completed, the Administrator shall certify to the Clerk the legal description of the property on 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.
(4) On receipt of such statement, the Clerk shall mail a notice to the owner of the premises as shown by the tax rolls, at the address shown on 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 the demanding payments of the costs thereof (as certified by the Administrator), together with 5% for the inspection and the other incidental costs in connection therewith. Such notice shall state that if the amount is not paid within 30 days of mailing the notice, it shall become an assessment on and a lien against the property of the 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 the real estate taxes on the property.
(5) If the Clerk shall not receive payment within a period of 30 days following the mailing of such notice, the Clerk shall inform the Council of such fact and the Council shall thereupon enact a resolution assessing the whole cost of such work, including 5% for inspection and other incidental costs in connection therewith on the lots and tracts of land from which the sign has been removed, together with a 10% penalty for the cost of collection.
(6) Following passage of such resolution on third reading, the Clerk shall certify the same to the Treasurer, who shall collect the assessment, including the 10% penalty of cost for collection, in the same manner as other taxes are collected.
(7) 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.
(8) 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 Administrator.
(C) If the costs are to be assessed against the property, a hearing to confirm the cost shall be held before the Council. At such hearing the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of the property owner as shown on the last equalized assessment roll.
(Ord. 81-0-8, passed 4-21-81)
LEGAL NONCONFORMING SIGNS
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