Chapter 12 · A. Signs

Article 6. Enforcement And Liens

Sections 12a-601 to 12a-608 · 8 sections

12a-601 Authority.

The Planning Administrator and City Administrator are authorized and directed to enforce all provisions of this article.

(Ord. 890)

12a-602 Right of entry.

Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the Planning Administrator has reasonable cause to believe that there exists upon any premises any condition or violation which makes such sign unsafe, dangerous or hazardous, the Planning Administrator may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Planning Administrator by this article. However, if such building or premises is occupied, he or she shall first present proper credentials and request entry; and if such building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the Planning Administrator shall have recourse to every remedy provided by law to secure entry.

When the Planning Administrator has first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the City, for the purpose of inspection and examination pursuant to this article.

(Ord. 890)

12a-603 Enforcement procedures.

(a)Permanent signs. If the Planning Administrator finds that any sign is in violation of the provisions of this article with the exception of issues related to maintenance addressed in Section 12A-212 above and temporary signs and/or off-premises signs addressed in subsection (2) below, the Planning Administrator shall give written notice to the sign owner. If such person fails to repair, alter or remove the sign so as to comply with this article within thirty (30) days after service of such notice, or within such other time as is specified in this article or in such notice, the Planning Administrator may institute proceedings to enforce this article in a court of competent jurisdiction. In addition, the Planning Administrator may cause any sign not brought in compliance with this article after the service of the thirty (30) day notice described above to be repaired, altered or removed at the expense of the sign owner and the property owner and shall upon determination of such expense, certify the same to the City Clerk.

(b)Temporary and off-premises signs. If the Planning Administrator finds that a temporary sign or a sign located off-premises, including one located within a public right-of-way, is in violation of this article, the Planning Administrator may cause to remove the sign immediately without notice. If a temporary sign is removed by the City, the City shall impound the sign for a minimum of thirty (30) days and return the sign to the owner upon request after payment of a fee of fifty dollars ($50) is paid to the City.

(Ord. 890)

12a-604 Lien collection.

The City Clerk shall notify the sign owner or property owner of the total expenses incurred in the alteration or to pay the entire costs and expenses of such repair, alteration or removal, such expenses shall become a lien against and run with the property where the sign is located, and the City Clerk shall certify the same to the County Appraiser for collection in the same manner as delinquent charges, assessments or taxes are collected pursuant to this Section 12A-604.

(Ord. 890)

12a-605 Amount of lien.

The amount certified by the City Clerk to the County Appraiser for collection shall include the actual cost of repair, alteration or removal of the sign, plus twenty-five percent (25%) to cover administrative costs, penalties, collection costs and interest.

(Ord. 890)

12a-606 Additional remedies.

The enforcement procedures established in this chapter are not the exclusive method of enforcement of the provisions of this article, but may be exercised concurrently with, or in addition to, the imposition of the penalties pursuant to this article, or other civil remedies available to the City pursuant to law.

(Ord. 890)

12a-607 Penalties for violation of chapter, rule or order.

(a)Any person violating any of the provisions of this chapter or any reasonable rule or order of the Planning Administrator, or causing, permitting or suffering the same to be done, is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than six (6) months, or both such fine and imprisonment.

(b)The issuance or granting of a permit shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful.

(Ord. 890)

12a-608 Severability.

If any section or provision of this article is for any reason held illegal, invalid, or unconstitutional, such action shall not affect the remaining provisions of this chapter, which shall remain valid to the extent possible.

(Ord. 890)