Signs and advertising structures which do not conform to the provisions of this Chapter but which lawfully existed and were maintained on the effective date of Ordinance 92-1153 shall remain lawful except as provided in this Article.
A. 
A nonconforming sign which has been determined by the Director to be improperly maintained shall be removed within 30 days after notice as provided in Section 10.13.070.020.
B. 
Nonconforming signs which violate the provisions of Section 10.13.030.030, Prohibited Signs, shall be removed within 30 days after notice.
C. 
Nonconforming signs which are structurally altered, relocated or replaced shall immediately comply with all provisions of this Chapter.
D. 
Nonconforming signs which have been abandoned or those advertising a business that is no longer conducted in or upon the premises and has not been so conducted for a period of 60 days shall comply with this Chapter or shall be removed within 30 days after notice.
The Director shall give written notice of a nonconforming sign. The notice shall be given to the owner of the building, structure or premises on which the sign is located. Notices shall be sent by certified mail or be delivered personally to the building owner at his or her last known address, or address of record. The notice shall specify the violations of this Chapter and the time allowed for compliance.
A use which has been determined to be nonconforming pursuant to this Title, but which would ordinarily require a sign, if such use were located in an appropriate zoning district, shall be permitted a sign, subject to the requirements of the zone which best fits the nonconforming use, as determined by the Director.
A. 
Inspection. The Director under the supervision and control of the City Manager is hereby authorized and directed to enforce this Chapter. Upon the presentation of proper credentials, he or she may enter at reasonable times into or upon any building or premises in the City to inspect signs or carry out the duties and responsibilities imposed on him or her by this Article. The Director may inspect or reinspect any sign to determine if it complies with this Title.
B. 
Removal of unsafe signs. Upon documentation that despite reasonable attempts to provide notice as set forth herein, that notice could not be delivered to the sign owner or the owner of the building, structure or premises upon which the sign is located, or that notification was received and the notified person(s) has or have refused to comply with this Title in the time specified by the Director, the Director may remove or cause others to remove the sign or make the minimum necessary repairs to remove the danger or hazard. The owner shall reimburse the City for any costs incurred in the removal of the sign or when making the minimum necessary repairs when removing the danger or hazard.
C. 
Removal of signs in public right-of-way or on City-owned real property. Any sign installed on or placed in the public right-of-way or on City-owned real property, except in conformance with the requirements of this Chapter, may be removed and immediately confiscated without prior notice to the owner of the sign.
1. 
For purposes of administering the provisions of this Chapter, the City Manager shall appoint appropriate staff persons.
2. 
The City shall store any sign confiscated by the authorized staff person for a period of 30 days from the time the person responsible for the sign is notified as provided in paragraph 3 below. The City shall continue to store such sign for any additional period during which an appeal is pending before the municipal court, or any appeal is filed concerning a decision of the municipal court.
3. 
If a telephone number or address of the owner of the sign, the person responsible for the sign, or the person or business that is the subject of the communication, is visible on the sign or the text of the sign, the City shall contact the person or business by telephone or by mail (based on the manner of contact stated on the sign), and advise that the City believes the following:
a. 
The sign was found in a location which the City believes to be public right-of-way or City-owned real property; and
b. 
That no permit was issued for placement of the sign in said location, and that the sign is not otherwise lawfully permitted to be in said location.
4. 
The communication shall advise the person or business that the City has confiscated the sign and shall destroy the sign after 30 days from the time the person responsible for the sign is notified, unless either the sign is claimed and the fee to retrieve the impounded sign is paid in full, or a request for a hearing has been made to the Director of the Community Development Department. Such a request for a hearing must be made within 5 calendar days of the date of communication by telephone, or the date that notice of impoundment was mailed as evidenced by the postmark, not including Saturdays, Sundays, or holidays.
5. 
If no telephone number or mailing address is stated for the owner of the sign on the sign itself, the City shall retain the sign for a period of 15 days to permit the sign owner to ascertain that the sign has been removed and to file a request for a hearing, or arrange for payment of the fee to retrieve the impounded sign. If a sign has not been reclaimed within the 15-day period established in this Article, the sign may be disposed of by an authorized person.
6. 
When a timely request for a hearing is made, the hearing shall be set in the municipal court for 4 calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person asking for the hearing. The municipal judge shall determine whether the impoundment of the sign was improper.
a. 
A prima facie violation of this Chapter shall be met if it is shown that the sign was located in a public right-of-way or on City-owned real property, and that the sign owner was not a public entity authorized to install and maintain public signs within the public right-of-way. The sign owner may rebut the prima facie showing of a violation by showing the sign was lawfully permitted within the public right-of-way or upon City-owned real property, or that the law does not require the sign owner to obtain a permit under this Chapter to place a sign within the public right-of-way or upon City-owned real property.
b. 
If the municipal judge determines that the sign was not lawfully placed upon the public right-of-way or on City-owned real property, then, following any applicable appeal or review period, unless the sign has been retrieved from impoundment by payment of the applicable fee set forth in paragraph 7 below, the sign shall be destroyed in such manner as the municipal judge deems appropriate.
7. 
In order to retrieve an impounded sign, the owner of the sign shall pay the applicable fee to retrieve the sign from impoundment.
a. 
The fee to retrieve an impounded sign for a first violation of this Chapter shall be $10.00. The fee to retrieve an impounded sign for a second violation of this Chapter shall be $50.00. The fee to retrieve an impounded sign for a third violation of this Chapter shall be $100.00. For each subsequent violation of this Chapter, the fee to retrieve an impounded sign shall be $100.00. For purposes of this Chapter, the number of offenses shall be calculated based upon the number of violations attributable to the owner(s) of the sign who has violated the provisions of this Chapter.
b. 
Any sign which has been impounded and is not reclaimed within 30 days from the date of notification of impoundment as provided for in Section 10.13.070.040(C)(3) may be disposed of by the authorized person.
D. 
Release from Liability. Neither the Director nor the City nor any of its authorized representatives shall be liable for any damages, costs, or expenses for any failure to enforce the provisions of this Chapter.
A. 
Violation. It shall be a violation of this Title for any person to erect, maintain, display, or use an illegal sign. An illegal sign includes nonconforming signs not brought into compliance within the time period allotted, signs erected or maintained without a permit, abandoned signs, unsafe signs, prohibited signs, and any sign not in compliance with the provisions of this Chapter.
B. 
Persons Responsible. Property owners, persons in control of the property, business owners, and any other person who has violated this Title are subject to the penalty provisions of this Chapter.
C. 
Notice. It is the policy of the City of The Dalles to attempt to gain voluntary compliance with the provisions of this Chapter. The Director shall provide the type of notice that will inform responsible persons of the violation and the steps needed to bring the violation into compliance. Prior to initiating any penalties, the Director shall provide written notice and allow the following times from the date of the written notice to bring the violation into compliance:
1. 
For the first offense at least 7 calendar days.
2. 
For a second similar offense within a year no time is required, the Director may initiate the penalty proceedings from the date the written notice is sent to the responsible party.
D. 
Penalties.
1. 
For installation of a sign without a permit, the permit fee shall be doubled. This penalty is in addition to any other penalty provided in this Article.
2. 
For illegal signs not brought into compliance within the time period allowed in subsection C of this section, the responsible party shall be subject to the citation process set out in subsection E below.
3. 
Each day that a sign is in violation of the provisions of this Chapter shall constitute a separate offense.
E. 
Citation.
1. 
For those persons who have not brought their illegal sign into compliance within the time period allowed in subsection C of this section, the Director may issue a citation. The citation shall provide a fine amount and a date and time for the responsible party to either pay the fine or appear in municipal court and request a hearing. Failure to either pay the fine or request a hearing by the date and time specified shall constitute a waiver of the right to object and the fine as set in the citation shall be final.
2. 
The fine for violations of this Chapter shall be $50.00 for the first offense, $100.00 for the second offense within a year, and $250.00 for each subsequent offense within a year. Each day that a sign is in violation of the provisions of this Chapter shall constitute a separate offense.
A. 
The Hearings Officer of the City of The Dalles shall act on all requests for variances and appeals of sign permit determination by the Director.
B. 
The Hearings Officer shall conduct hearings for appeal and variance matters in the same manner and shall apply the same standards as are used for variance hearings conducted pursuant to this Title.
C. 
Except in the case of unsafe signs, no action shall be taken by the Director under this Chapter pending an appeal or variance request to the Hearings Officer and during any further appeal to the City Council.
D. 
Appeals. Any person aggrieved by a determination of the Director may appeal to the Hearings Officer. Upon appeal, the Hearings Officer may affirm, reverse, or modify the Director's determination, which modification could include a determination of the suitability of alternative materials or methods of construction.
E. 
In exercising its appeal or variance authority, the Hearings Officer may attach such conditions to either as it determines to be necessary to achieve the purposes stated in Section 10.13.010.010 of this Title.
(Ord. 26-1424, 1/12/2026)