1105.09 PROHIBITED, ILLEGAL, NONCONFORMING AND UNUSED SIGNS.

   (a)   General. In order to achieve the general purpose and objectives of the Sign Regulations, it is necessary to remove all signs that are illegal, nonconforming, prohibited and unused. Each such classification of signs involves a varying level of impact upon the general purpose and objectives of the Sign Regulations. The following subsections identify circumstances under which such classifications occur and the method of correction and/or disposition required.

    (b)   Removal.

      (1)    Determination of Violation. Any sign and its supporting structure determined to be in violation of the Sign Regulations shall be removed within thirty (30) days from the date of notice of violation, unless the Building Inspector and/or Zoning Specialist has determined that such sign qualifies as a nonconforming sign. If such signs are not removed from the premises by the owner, tenant or operator following the thirty (30) days notice of violation, such signs shall be subject to removal by the Building Inspector or his/her designee in accordance with the provisions set forth below. The existence of any prohibited or illegal sign shall also be considered a violation of the provisions of the Sign Regulations and shall be subject to penalties as stated in Section 1105.10.

      (2)   Removal by Authorities. The Building Inspector is hereby authorized to remove any sign determined to be in violation of the Sign Code. The Building Inspector shall mail to the sign permittee or owner by first-class, certified or registered mail a bill for the removal costs. Such costs shall be paid within thirty (30) days of receipt of the bill by the owner, agent or person having the beneficial use of the building, structure or premises upon which the sign is located. If such costs have not been remitted to the City of Youngstown as directed, such unpaid charge shall constitute a lien upon the real estate. The City Law Director is hereby authorized to file a notice of lien in the office of the County Clerk to foreclose this lien, and to sue the owner of the real estate or sign permittee, or their agents, to recover the money due, plus all its costs, together with reasonable attorney's fees to be fixed by the court. Included in the expenses recoverable by the City shall be the costs, together with all office and legal expenses, incurred in connection with collection of the amount due hereunder. Any sign removed by the Building Inspector, pursuant to the provisions herein contained, shall become the property of the City and may be disposed of in any manner deemed appropriate by the City.

   (c)   Nonconforming Signs.

      (1)   In addition to the provisions in Subsection (3) below, no zoning or building permits will be issued for new signs if nonconforming signage exists on the property.

      (2)   Any nonconforming sign may be brought into conformity with the Sign Regulations by independent action of the sign owner or user upon review and approval of an application for a permit by the Zoning Specialist. Zoning permit fees shall be waived for any nonconforming sign brought into conformity with the Sign Code. Building permit fees will not be waived.

      (3)   If one of the following triggering events occurs and the property contains one (1) or more nonconforming signs, the nonconforming signs shall be brought into conformity with the Sign Regulations within two (2) years of the triggering event. Triggering events are:

         A.   A building permit is sought or required for construction valued at fifty thousand dollars ($50,000) or greater, or

         B.   A change in business use or activity, or

         C.   A nonconforming sign is altered, repaired or relocated, which results in a decrease in the sign's nonconforming features.

      (4)   An area and/or height variance of up to ten percent (10%) may be issued for an existing non-conforming sign. Only one (1) sign per property may be granted a variance.

   (d)   Unused (Abandoned) Signs.

      (1)   All unused signs that are also nonconforming with the provisions of the Sign Code shall be removed from the premises upon which it is located within thirty (30) days from the date of notice of violation.

      (2)   All unused signs that otherwise conform to the provisions of the Sign Code and have a valid sign permit may remain on the premise for six (6) months following the conclusion or termination of the reason for the sign. The unused sign shall have the copy, text, icon or any other message delivering features removed within thirty (30) days from the date of notice of violation. (Ord. 09-165. Passed 6-24-09.)