(1)
Supplemental Regulations. The provisions of this section apply specifically to signs and are intended to supplement the general enforcement provisions established throughout this chapter.
(2)
Authority to Enforce. The planning department, or the code enforcement division or any designee of the mayor, shall have authority to enforce this chapter. In exercising this authority, the code enforcement division may institute any appropriate action to correct violations of this chapter. Enforcement actions may include civil abatement proceedings and other enforcement procedures as provided by law. Such actions include, but are not limited to, the following:
(a)
Determine Conformance. Ascertain that all signs and the erection, construction, reconstruction, location, relocation, placement, replacement, extension, enlargement, modification, alteration, restoration, repair and use of all signs are in conformance with this chapter.
(b)
Issue Citations and Complaints. Issue citations and/or commence civil complaints against violators of this chapter.
(c)
Remove Signs. Remove any sign in accordance with this chapter.
(d)
Confiscate Signs. Confiscate any signs that are removed under this section.
(3)
Removal of Illegal Signs. Signs displayed contrary to the provisions of this chapter are subject to removal as set forth herein. The code enforcement division may remove signs as follows:
(a)
Unsafe Signs or Signs in Disrepair. Any sign that is in disrepair, unsafe, unstable, or otherwise creates a safety hazard shall be repaired or removed by the owner within 24 hours after being served with written notice by the city. Any sign which is not repaired or removed within the 24-hour period shall be removed immediately without further notice to the owner.
(b)
Signs on Public Property. Any sign illegally on public property, as described in RCC § 18.150.140, shall be removed immediately without notice to the owner.
(c)
Signs without a Permit. Signs installed without a permit may be removed immediately without notice to the owner and may be assessed a penalty of $100.00 or double the normal sign permit fee, whichever is greater, at the time the owner of the sign makes application for a sign permit.
(d)
Withdrawal of Consent. If a property owner upon whose property a sign is placed withdraws, in writing, his or her consent to the placement of the sign, the sign shall be removed within 30 calendar days of the date the property owner withdraws his or her consent. If the sign is not removed within the above-described time period, the city may remove the sign immediately without further notice to the owner.
(e)
Abandoned Signs. Any abandoned sign may be removed within seven calendar days after the owner is served with written notice.
(f)
Illegal Signs. Any sign in violation of this chapter may be removed immediately if the illegal sign is not brought into compliance within seven calendar days after the owner is served with written notice.
(g)
Immediate Removal. Notwithstanding any provision in this chapter, any sign that creates an immediate safety hazard to persons or property may be removed or repaired immediately by the city, without notice to the owner.
(4)
Service of Notice. Notice required under this section may be served by personal service, or mailing notice to the person, firm or corporation by certified mail. If service of notice is performed by mailing as provided in this section, the planning department or code enforcement division must also cause a copy of said notice to be posted on the sign installation for 10 days.
(5)
Costs of Removal. The costs of removal of a sign by the city shall be borne by the owner of the sign and of the property on which it is located. Therefore, the city may bring any action for recovery allowed by law and may seek recovery of all costs, including attorney fees, incurred in bringing such an action.
(a)
Confiscation and Destruction. After impounding a sign, the city shall make a reasonable effort to identify and contact the owner of the sign in order to notify them of the reason why the sign was impounded, the location where the sign may be retrieved if the owner wishes to do so, and the time period within which the sign must be retrieved. Notification may be provided in person or by U.S. Mail. After the owner is notified of the impoundment, the city shall store the sign for 14 calendar days. The person responsible for the sign may claim it only after paying an impound fee if established by resolution of the city council. If after 14 days the sign has not been claimed, it will be destroyed.
(6)
Prosecution. Any violation of the provisions of this chapter is a class B misdemeanor and subject to criminal prosecution, regardless of whether notice for remediation or removal has been given. However, if the owner, lessee, or other person responsible for the display of the illegal sign has not removed the illegal sign or brought it into compliance with the provisions of this chapter by the end of the notice period, it is the duty of the planning department or code enforcement division to forward the information regarding the illegal sign to the city prosecutor for appropriate action.
(Code 1997 § 12-324-101; Ord. 08-24 § 1 (Exh. A); Ord. 12-04 § 1 (Exh. A); Ord. 16-08 § 1 (Exh. A))