All signs shall be properly maintained in good repair and appearance
at all times and shall conform to all specifications, conditions and
terms included in a permit issued by the city for the affected sign
and its required landscaping. The zoning and planning commission,
code official or code enforcement officer shall have the authority
to order the painting, repair or removal of a sign and accompanying
landscaping which constitute a hazard to safety, health or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment. The city shall be entitled to seek injunctive relief
to obtain the removal of any sign that constitutes a threat to the
public health or safety. A permit is not required for simple restoration,
including but not limited to adjustments and replacement of light
globes, on existing signs.
(Ordinance 2018-12-17-03 adopted –/–/18)
If the code official or code enforcement officer determines
that any sign is erected or maintained in violation of the provisions
of this chapter, the code enforcement officer shall give written notice
of the violation either by personal delivery, email, or by certified
mail, return receipt requested, to the owner or person entitled to
possession of the sign and the owner of the property on which the
sign is located. Said notice shall:
(1)
State the nature of the violation.
(2)
Direct that the sign be altered or removed, or that the violation
otherwise be corrected, to comply with the provisions of this chapter,
within ten (10) days of receipt of the notice.
(3)
Advise that a hearing may be requested before the zoning and planning
commission to determine whether the sign is or has been erected or
maintained in violation of this chapter by filing a written application
for such a hearing with the code official before the expiration of
said ten-day period.
(4)
No provision of this section shall be construed to impose a requirement
that any agency of the city must provide notice and an opportunity
for a hearing before the commission before the city seeks available
penalties for violations of this chapter.
(Ordinance 2018-12-17-03 adopted –/–/18)
(a)
Within thirty (30) days after the filing of the written application
for hearing, the zoning and planning commission shall hold a public
hearing to determine whether the sign has been erected, is being maintained,
or is located in violation of this chapter. Written notice of the
date, time and place of the hearing shall be forwarded to the person
requesting the hearing, and, if not the same person, the owner or
person entitled to possession of the property or sign not less than
seven (7) days before the date of the hearing.
(b)
At the conclusion of the public hearing, the zoning and planning
commission shall determine whether the sign has been erected or is
being maintained in violation of this chapter. If the zoning and planning
commission concludes that a violation has occurred, it shall order
that the required corrective action be completed within ten (10) days
of the date of the hearing.
(Ordinance 2018-12-17-03 adopted –/–/18)
The city may require the relocation, reconstruction or removal
of a sign in accordance with Texas Local Government Code Annotated
chapter 216 et seq.
(Ordinance 2018-12-17-03 adopted –/–/18)
