(a) 
Unsafe, dilapidated or deteriorated signs.
If the building official determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove or replace (in accordance with this article) said sign to the owner or person responsible for the sign. If the sign is not a valid, nonconforming sign, and the permit holder, owner of the sign or owner of the site on which the sign is located fails to remove or repair the sign within seven days after such notice or to file an appeal of the decision, the building official may cause the removal of such sign. A person commits an offense if the person fails to, within seven days of receipt of notice, remove or correct an unsafe, dilapidated or deteriorated sign.
(1) 
Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is determined by the building official to be an immediate threat or danger to the public health, safety, or welfare.
(2) 
Any expense incident to the removal of a sign pursuant to this subsection shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to public health, safety, and welfare.
(b) 
Signs on utility poles.
The building official may remove a sign that is erected, constructed or otherwise attached to a utility pole located upon any public right-of-way or utility easement. The owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee to recover the sign from the city unless the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of-way by the owner of such sign or by any authorized agent, representative, or employee of said owner. Any sign so removed by city personnel may be held for a period of 72 hours and upon expiration of such time may be disposed of.
(c) 
Signs in rights-of-way and/or on public property.
The building official may remove a sign that is erected, constructed or otherwise located within or upon public right-of-way or on public property. The owner of such sign shall be charged a sign recovery fee to recover such sign from the city. No fee shall be charged if the permit holder or owner satisfactorily establishes that such sign was not placed in the right-of-way by the permit holder or owner of such sign or by any authorized agent, representative or employee of said owner. Any sign so removed by city personnel may be held for a period of 72 hours and upon expiration of such time may be disposed.
(d) 
Illegally erected signs.
The building official may remove any sign that is erected, constructed or otherwise displayed, in direct violation of this article. The permit holder, owner of the sign or owner of the site on which the sign is located shall be charged a sign recovery fee in accordance with the city fee schedule to recover such sign from the city. Any such sign removed by city personnel may be held for a period of 72 hours and upon expiration of such time may be disposed. For permanent signs, the sign must be removed by the permit holder, owner of the sign, or owner of the site upon which the sign is located within a reasonable time period as determined by the building official. Upon failure to comply with such notice or to file an appeal of the decision, the building official is authorized to cause the removal of such sign, and any expense incident thereto shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located.
(e) 
Abandoned or illegally erected signs.
Any sign which the building official determines is abandoned shall be removed by the sign erector, property owner or lessee of the land, buildings or structure upon which the sign is located within seven (7) days after written notification to do so from the building official. Upon failure to comply with such notice, the building official is hereby authorized to cause the removal of such sign, and any expenses incident thereto shall be paid by the sign erector, property owner or lessee of the land, building or structure to which sign is attached or upon which it is erected.
(Ordinance 1342-2022 adopted 3/8/22)
(a) 
Pursuant to the Health and Safety Code, chapter 342, as amended, a sign that is abandoned, unsafe or dilapidated or deteriorated, and is visible from a public place is hereby declared a public nuisance. The nuisance may be abated by repair, demolition or removal in accordance with these procedures and as provided by law.
(b) 
A person commits an offense if the person maintains an abandoned sign or a sign in dilapidated or deteriorated condition on property he owns or controls.
(Ordinance 1342-2022 adopted 3/8/22)
(a) 
The city does hereby assess the expenses incurred pursuant to section 3.12.062 against the real estate on which the nuisance is abated, and charge the owner of the property for the same.
(b) 
The city shall send the owner of the property upon which the work was done a notice. The notice shall include:
(1) 
An identification of the property;
(2) 
A description of the violation;
(3) 
A statement that the city abated the condition;
(4) 
A statement of the city’s charges and expenses in abating the condition;
(5) 
An explanation of the property owner’s right to request a hearing within ten (10) days; and
(6) 
A statement that in the event the owner fails or refuses to pay the expense within 30 days after the first day of the month following the one in which the work was done, the public works director or city manager or his designee shall obtain a lien against the property by filing with the county clerk of the appropriate county a statement of the expenses so incurred.
(c) 
The city council will conduct a hearing if the property owner submits a written request within 10 days of the property owner’s receipt of the notice. The council may find if a preponderance of the evidence presented so shows, that the charges are erroneous and may adjust the charges.
(d) 
The lien is security for the expenditures made and interest accruing at the rate of ten (10) percent per annum from the date of payment by the city.
(e) 
When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
(f) 
For any such expenditures and interest, suit may be instituted, and recovery and foreclosure had by the city. The statement of expenses or a certified copy therefor is prima facie proof of the expenses incurred by the city in doing the work or making the improvements, all as more particularly specified in Health and Safety Code, section 342.007, as amended, which is adopted and incorporated herein by reference.
(Ordinance 1342-2022 adopted 3/8/22)