The following signs are declared a public nuisance, subject to abatement pursuant to the provisions of Chapter
8.12 of this code:
A. Declaration
of Public Nuisance.
1. Any
sign that is erected or installed in violation of this chapter, after
the effective date of the ordinance adopting this chapter;
2. Any sign that is abandoned as defined in subsection
D of this section;
3. Any sign the owner of which has received a written notice from the building official pursuant to subsection
B of Section
17.28.910, and the maintenance, alterations or repairs specified in the notice are not made within thirty calendar days after the date of receipt of such notice.
B. Removal.
1. Removal
Without Notice of Signs Within the Right-of-Way. All signs in the
public right-of-way may be removed by the city without issuing a notice
of violation.
2. Emergency
Removal. Where the building official determines that the sign in question
poses an imminent safety hazard or dangerous condition, such sign
may be removed immediately and stored by the city.
3. Removal
of Temporary Signs. Any temporary sign erected, placed or maintained
in violation of any provisions of this section may be removed by the
city five days after issuance of a notice of violation to the person
or party who caused the sign to be erected, if known, and to the owner,
lessee or person in lawful possession of the property on which the
sign is located.
4. The owners of signs removed pursuant to subsections
(B)(1),
(B)(2) or
(B)(3) of this section shall be liable to the city for all costs and expenses incurred by the city in removing and storing the signs, in accordance with the provisions and procedures of Section
8.12.140 of this code. As soon as practicable following removal pursuant to this subsection
B of this Section but in no case later than forty-eight hours after removal, a notice of violation shall be sent to the owner of the sign(s) via regular mail. The sign(s) will be returned to the owner only upon payment of removal and storage costs pursuant to Section
8.12.140. If the sign(s) is not claimed within thirty days after the receipt of notice of violation the sign(s) may be destroyed.
C. Unauthorized
Removal of Signs. No person shall remove, destroy, relocate, or otherwise
disturb any sign without the permission of the party who caused the
sign to be erected. Nothing in this subsection shall prohibit the
owner of a piece of property, or his or her authorized representative,
from removing a sign from his or her property that was erected without
his or her consent. Nothing in this subsection shall prevent the building
official from taking action to abate sign violations pursuant to the
provisions of this code.
D. Abandoned Signs. Signs shall be considered abandoned and subject to abatement pursuant to Chapter
8.12 under any of the following circumstances:
1. A
sign other than off-premises sign, which for a period of ninety days,
no longer advertises or identifies an ongoing business, product or
service available on the premises where the sign is located.
2. Where
a sign permit for a temporary sign has expired and the sign has not
been removed within one day after the date of expiration.
3. Where
the sign concerns a specific event and five days have elapsed since
the occurrence of the event.
(Ord. 98-10 § 1)