(A) The violation of or failure to comply with any of the provisions of this chapter, or the erection, use, or display of any sign not in compliance with all of the provisions of this chapter shall be and is declared to be unlawful.
(1) Injunction and abatement. The city, through its authorized agents, including the Administrator, or any person, as defined in this chapter, may initiate injunction or abatement proceedings or other appropriate action in a court of competent jurisdiction against any person who violates or fails to comply with any provision of this chapter or the erector, owner, or user of an unlawful sign or owner of the property on which an unlawful sign is located, to prevent, enjoin, abate, or terminate violations of this chapter or the erection, use, or display of an unlawful sign.
(2) Civil penalty. Any person who violates or fails to comply with any of the provisions of this chapter or the erector, owner, or user of an unlawful sign or the owner of property on which an unlawful sign is located shall be subject to a civil penalty of $250 for each week or portion thereof that the use or display of the unlawful sign has continued. However, the owner of property on which an unlawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to the penalty only if demand for removal or alteration of the unlawful sign shall have been mailed by registered mail, return receipt requested, to the owner and the demand has remained uncomplied with for more than 30 days.
(B) The party bringing the action to recover the civil penalty may retain any penalty levied by the court, less court costs. In any suit brought by a person, as defined in this chapter, the prevailing party shall recover judgment for his attorney's fees incurred in bringing the action, in an amount deemed reasonable by the court, against the nonprevailing party.
(Ord. 81-0-8, passed 4-21-81)