All flags shall conform to the following requirements:
(1) Nothing
in this chapter shall be construed to prevent the display of a national,
state or city flag.
(2) Businesses
may erect one corporate flag and flag pole, per location, for a bonafide
company or corporate office located within the city.
[Ord. No. 817-97, § 6(A), 5-13-1997]
No person shall display on any sign any obscene, indecent or
immoral matter as defined by the state penal code. Any sign which
does contain any obscene, indecent or immoral matter must be removed
or the obscene, indecent or immoral matter must be removed within
24 hours of notice. The owner of the property on which the sign is
located shall be responsible for compliance with this division.
[Ord. No. 817-97, § 6(B), 5-13-1997]
All signs relating to a product no longer available for purchase
by the public and all signs relating to a business which has closed
or moved away shall be removed or the advertising copy shall be removed.
Painted wall signs shall be painted over with a color that resembles
or matches the wall and does not allow the sign message to be visible
after overpainting. The owner of the property on which the sign is
located shall be responsible to remove the sign within 30 days of
obsolescence.
[Ord. No. 817-97, § 6(C), 5-13-1997]
All signs shall be maintained in good condition. Signs which
are damaged in any way, rusty or have peeling paint or do not meet
minimum maintenance criteria shall be brought into compliance no later
than the tenth day after notice of such violation or the sign must
be removed. The owner of the property on which the sign is located
shall be responsible for compliance with this section.
[Ord. No. 817-97, § 6(D), 5-13-1997]
Any sign held or carried by a person must be located at least
ten feet from the pavement of any right-of-way.
[Ord. No. 817-97, § 6(E), 5-13-1997]
The following illustrations are examples of some of the regulations
in this division:
Illustration 1, Monument Sign
|
Illustration 2, Typical Monument Sign
|
[Ord. No. 817-97, 5-13-1997]
(a) Deteriorated
signs:
A sign that is visible from a public place and
that is dilapidated, deteriorated, unsafe, abandoned, or is a hazard
to the health or safety of the public, is declared a public nuisance.
(b) Abandoned
signs:
A sign that is abandoned and is visible from a
public place is declared a public nuisance.
(c) Offense:
A person commits an offense if the person maintains or permits
to continue an abandoned sign or a sign in dilapidated or deteriorated
condition on property he owns or controls.
[Ord. No. 1041-06, § 7, 1-10-2006]
(a) If
the building official shall determine that any sign is dilapidated,
deteriorated, unsafe, insecure, or is a hazard to the public, the
building official shall give written notice to the property owner,
and, if applicable, the lessee, to repair, replace or remove such
sign. If the property owner and lessee fail to remove or repair the
sign within ten days after such notice, the building official shall
remove the sign at the expense of the owner of the property upon which
the sign is located. The building official shall cause any sign, which
is an immediate hazard to persons to be removed without notice, and
the cost of same shall be paid by the property owner.
(b) Any
sign which is removed by the building official pursuant to this section
shall be impounded and stored for a period of at least 30 days, unless
the owner of such sign consents in writing to its disposal prior to
such time, or unless the owner redeems the sign in accordance with
this section. Records of where such signs are located and when removed
shall be kept. The building official shall send a letter to the owner
of such sign, if known, or, if not known, to the owner and, if applicable,
the lessee, of the premises where such sign was located, giving notice
of such impoundment.
(c) Any
sign may be redeemed by the owner upon payment of the costs of removal,
of hauling the sign to storage, and any applicable storage fees.
(d) Any
sign not reclaimed by the owner thereof within 30 days of the mailing
of the notice of impoundment shall be disposed of in accordance with
applicable law.
[Ord. No. 1041-06, § 8, 1-10-2006]
(a) The
city shall be entitled to assess the expenses incurred in abating
any violation of this chapter against the owner of the real estate
on which the nuisance is abated, and may assert a lien against the
property on which the sign was located for the same. The procedures
for assessing such expenses and perfecting a lien shall be as more
particularly specified in V.T.C.A., Health and Safety Code ch. 342,
as amended, which is adopted and incorporated in this chapter by reference.
(b) The
city shall send the owner of the property upon which the work was
done a notice by certified mail to the owner of the property at the
address listed with the Tarrant Appraisal District, or by hand delivery,
or by other method approved by applicable law. If mailed, the notice
shall be deemed delivered three days after the date of mailing. 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 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 mayor or his/her 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
lien is security for the expenditures made, and shall bear interest
at the rate of six percent per year from the date of assessment until
full payment is received by the city.
(d) If
the property owner contests the reasonableness or correctness of the
amount of the assessment and submits a written request within ten
days of the date of the notice of the assessment, the board of adjustment
shall conduct a hearing on such issue. The board shall determine the
proper amount of the charges to be assessed, based upon a preponderance
of the evidence presented, and shall adjust the charges accordingly.
(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 therefore, is prima facie proof of the expenses incurred by the
city in doing the work or making the improvements.
(g) Any
assessment created under this section is in addition to, and not in
lieu of, any fines or other penalties imposed by this chapter or other
applicable law.
[Ord. No. 1041-06, § 9, 1-10-2006]
Any appeal from a decision of the building official under the
terms of this chapter must be filed in writing within ten days from
the date the party filing such appeal receives notice of such decision.
Such appeal shall be determined by the board of adjustment, in accordance
with the procedures of the board of adjustment.
[Ord. No. 1041-06, § 10, 1-10-2006]
To assure visibility at all street intersections, no sign shall
be located in a visibility triangle, except that a pole sign may be
located within such visibility triangle if such sign is supported
by no more than two poles, and the combined total diameter of all
supporting poles is less than one foot, and no part of the sign is
lower than ten feet from the ground surface.
[Ord. No. 1041-06, § 11, 1-10-2006]
The city, the Fort Worth Regional Transportation Authority,
or a nonprofit organization, with the approval of the city and the
Fort Worth Regional Transportation Authority, may place bus bench
signs on bus benches in the city. Such signs shall not be considered
off-premises signs or otherwise be prohibited in the city, provided
that they are adequately maintained as otherwise provided in this
chapter.
[Ord. No. 1223-12, § 2, 1-10-2012]