§ 9-37.090. Violations and Abatement

A.

Public nuisance unlawful. Any sign erected or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance. Proceedings for its removal may take place in compliance with Chapter 9-78 (Enforcement of Development Code Provisions).

B.

Public nuisance declared by Council. After providing the owner of the sign and the owner of the property on which the sign is located notice of the date and time of the City Council meeting at which it will be considered, the Director may ask the Council to declare a sign a public nuisance under the following conditions:

1.

The sign is significantly damaged either in support structure or sign face, as determined by the Building Official.

2.

The sign is illegible either through fading, rusting, or erosion of the sign face or through faulty or missing illumination; or

3.

The sign is unsafe for vehicles or pedestrians.

The owner of the sign and the owner of the property on which the sign is located shall be afforded an opportunity to respond and present evidence at the meeting.

C.

Removal of abandoned sign. A sign shall be removed by the sign owner and/or property owner when business is no longer conducted on the premises, unless the sign is re-used by a subsequent tenant within 90 days of the business closure. If the sign owner and/or property owner fail to remove the sign within the above mentioned time period, the Director shall give the sign owner and/or property owner 30 days written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the sign owner's and property owner's expense. The sign owner and the property owner shall be jointly and severally liable and responsible for any costs incurred. Proceedings for the removal of signs and/or support structures shall comply with Chapter 9-78 (Enforcement).

D.

Immediate removal of hazards. The City may immediately abate any sign which poses an immediate traffic hazard, including the obstruction of motorists line-of-sight. Within five days after removal of such sign, the City shall give notice to the owner of the sign, if known, to retrieve the sign within 10 days thereafter. If the owner fails to respond within 10 days, the City may destroy the sign.

E.

Enforcement.

1.

Signs located in public right-of-way or public easements.

a.

Upon determining that a violation of any provision of this Chapter has occurred, the City may immediately abate signs located in the public right-of-way or public easements, including those in the median or island of any public street.

b.

The procedure identified in this Section shall not limit or restrict the City from enforcing this Section, or any other provision of this Chapter, in any other manner provided by law, including civil or criminal prosecution.

2.

Signs located on private property.

a.

Upon determining that a violation of any provision of this Chapter has occurred, the City may, with the written consent of the owner of the private property or structure on which a temporary sign(s) has been placed in violation of this Section, immediately abate the offending sign on the private property or structure.

b.

The procedure identified in this Section shall not limit or restrict the City from enforcing the provisions of this Chapter, in any other manner provided by law, including civil or criminal prosecution.

(§ 4, Ord. 1092, eff. July 6, 2006)