[Ord. No. 1984-53]
Every sign including but not limited
to those signs for which permits or for which no permits or permit
fees are required, shall be maintained in a safe, presentable and
good structural material condition at all times, including the replacement
of defective parts, painting, repainting, cleaning, and other acts
required for the maintenance of said sign. The Administrator shall
require compliance with all standards of this Code and any other applicable
laws. If the sign is not made to comply with adequate safety standards,
the Administrator shall require its removal in accordance with this
article.
[Ord. No. 1979-12]
Except as otherwise provided in this
Code, any sign which is located on property which becomes vacant and
unoccupied for a period of three months or more, or any sign which
pertains to a time, event, or purpose which no longer applies, shall
be deemed to have been abandoned. Permanent signs applicable to a
business temporarily suspended because of a change of ownership or
management of such business shall not be deemed abandoned unless the
property remains vacant for a period of six months or more. An abandoned
sign is prohibited and shall be removed by the owner of the sign or
the premises.
[Ord. No. 1979-12]
No person shall maintain or permit
to be maintained on any premises owned or controlled by him any sign
which is in a dangerous or defective condition. Any such sign shall
be removed or repaired by the owner of the sign or owner of the premises.
[Ord. No. 1984-53]
It shall be illegal for any person
to erect, create, paint, own, keep, display or maintain any sign which
does not comply with the provisions of this Code or any other applicable
laws.
Any sign removed pursuant to the
provisions of this article may be disposed of in any manner deemed
appropriate by the City. The cost to the City for removal of the sign
shall be considered a debt owed to the City by the owner of the sign
and/or the owner of the property, and may be recovered in an appropriate
court action by the City or by placement of a lien upon 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; costs may be recovered by the City in the manner provided.
A. The notice given by the Administrator shall
state the remedial action required to be taken; if such action is
not taken within the time limits set forth in this Code, the cost
of correcting the unlawful statute of the sign may be charged against
the property on which the sign is located, together with an 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.
B. In the event that the owner of the premises,
or person entitled to possession thereof, or the owner of the sign,
shall fail, neglect or refuse to comply with the notice to remove,
repair, rehabilitate or demolish the sign declared to be unlawful,
as appropriate, the owner of the sign, the owner of the premise upon
which the sign is located, and the permit entitled to possession thereof
(if other than the owner of the premises), or all or any of them,
may be prosecuted for violation(s) of this Code. The Administrator
may remove the sign declared to be unlawful.
[Ord. No. 1984-53]
C. 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 removal or demolition exceed $1,500.
When completed, the Administrator shall certify to the Director of
Finance the legal description of the property upon which the work
was done, together with the name of the owner thereof, as shown by
the tax rolls of the City of Bloomington, together with a statement
of work performed, the date of performance and the cost thereof.
D. Upon receipt of such statement, the Director
of Finance shall mail a notice to the owner of said premises as shown
by the tax rolls at the address shown upon the tax rolls by certified
mail, postage prepaid, notifying such 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 said amount is not paid within 30 days following the
mailing of such notice, the Director of Finance will place a lien
upon said owner.
E. If the Finance Department shall not receive
payment within a period of 30 days following the mailing of such notice,
the Director of Finance will place a lien upon said property.
F. Each such lien against each lot or tract
of land assessed, until paid, and shall have priority over all other
subsequent liens except general and special taxes.
G. For purposes of this article, the owner
of property upon which a sign is located 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.
H. Notwithstanding the provisions cited above in this article, in cases of emergency, the Administrator may cause to be repaired or removed summarily and without notice any unlawful sign which creates an immediate hazard to the public through improper construction, or which creates a hazard by obstructing view at intersections of either motorist or pedestrian or any sign which has become an immediate hazard to the public. Summary removal or repair provided for herein shall not relieve the owner of the sign or the property on which it is located from liability to the City for the costs provided for in this §
3-906.
[Ord. No. 1979-12]