[HISTORY: Adopted by the Council of the Town
of Mount Airy 9-13-1993 as Ord. No. 1993-5. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 112.
[Amended 11-5-2018 by Ord. No. 2018-17]
Any sign left or placed upon any street, alley, park, sidewalk or other public place under the ownership or control of the Town may be immediately removed by the Zoning Administrator or any person authorized by him or her. The Zoning Administrator shall make reasonable efforts to ascertain and provide prompt notice to the person responsible for the sign that the sign has been removed and is in possession of the Town and shall advise the person responsible for the sign of his/her right to request a conference. If the person responsible for the sign cannot be determined with reasonable effort, the Town shall promptly post such notice setting forth the text or other description of the sign, and the date and location from which the sign was removed, on the Town website. The sign once removed shall be held by the Town for 30 days for retrieval by the person responsible for the sign or destruction pursuant to § 92-8 below. A person whose sign has been removed pursuant to this chapter may request a conference in writing and otherwise seek judicial relief pursuant to § 92-3 to challenge the Town's determination that the sign was unauthorized and/or removed from property owned by the Town or to which the Town holds a right-of-way.
[Amended 11-5-2018 by Ord. No. 2018-17]
A.
If a sign is posted, erected or left on any property not owned by
the Town but in violation of the zoning regulations of the Town, then
the Zoning Administrator shall give notice to the owner of the property
or the person who appears to be in possession of the property that
the sign is in violation of the Town zoning regulations. If no such
person can be found, the notice may be posted on the sign. The notice
shall direct the owner or person in possession of the property to
remove the sign or the sign will be removed by the Town within the
time specified in the notice. Such notice shall be given at least
48 hours before the sign is proposed to be removed and shall notify
the owner of the property or the person who appears to be in possession
of the property that it will be removed unless that person requests
a conference. If no request for a conference is made, the sign may
be removed at or after the time set out in the notice. Any request
for a conference must be in writing, at which time the person requesting
the same may show cause why the sign should not be removed. The notice
shall be delivered to the owner or possessor of the property posted
on the property at least 48 hours before the time set out in the notice.
The notice shall be in substantially the following form:
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NOTICE OF INTENT TO REMOVE SIGN
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To:
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Please take notice that the sign described as
follows: (here insert a brief description of the sign)
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Located at: (here insert location) is in violation
of a municipal ordinance and will be removed on or after the ____
day of _______ 19___, at ________ O'Clock __ .m. unless you request
a conference on the matter before that time. You may request a conference
by notifying the Zoning Administrator in writing of your request.
At such a conference, you must show cause why the sign should not
be removed or it will in fact be removed.
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B.
If no request for a conference is made, the sign may be removed at
or after the time stated in the notice.
[Amended 11-5-2018 by Ord. No. 2018-17]
If a conference is requested, it shall be scheduled by the Zoning Administrator and an effort made to resolve the matter. If the matter cannot be resolved by agreement and the Zoning Administrator rules that the sign must be removed, or shall not be reposted in the location from which it was removed pursuant to § 92-1, it will not be removed or discarded for five calendar days, or the balance of 30 days as set forth in § 92-8 whichever shall be longer, in order to give any person aggrieved an opportunity to seek judicial relief. A removed sign shall not be reposted on its original location, on Town property or in a Town right-of-way pending judicial review if timely sought, nor shall a sign be removed from property not owned by the Town pending judicial review if timely sought.
Regardless of the provisions of this chapter
relating to an opportunity for a conference before a sign is removed,
any sign creating a hazard because its size or location blocks the
view of traffic or because its placement or size endangers pedestrians
or because it creates an immediate physical danger for any other reason
may be removed forthwith without prior notice by the Zoning Administrator
or any person authorized by him.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any of the following:
With respect to a political or campaign sign,
the name of the candidate thereon.
With respect to a political sign concerning
a ballot question or referendum, the name of the person or organization
(if any) appearing thereon as the sponsor of said sign.
With respect to any sign advertising or calling
attention to the furnishing of goods or services, the owner of the
premises where such goods or services are referred to, sold or provided
or the person or persons who appear to be in possession and charge
of such business.
If none of the above are applicable, then with
respect to signs on property other than public property, the owner
of the property where such sign is placed, erected or left or the
person who is in possession of such property.
It shall be sufficient for the purposes of this
chapter with respect to the notice required as to a particular sign
that such notice be given to any one of the persons responsible as
defined above without the necessity of giving notice to all of said
persons.
Nothing herein shall be construed to limit,
affect or repeal any provisions of the zoning regulations or other
regulations of the Town relating to signs or to affect or limit the
right of any person to erect or display a sign for which a valid permit
has been issued in accordance with such regulations.
[Amended 11-5-2018 by Ord. No. 2018-17]
Any signs removed by the Town pursuant to this chapter shall
be stored for a period of 30 days. During that time, the Town shall
return the sign to anyone appearing who satisfies the Town as to an
ownership interest therein upon payment to the Town of the sum of
$25, and anyone so receiving such sign shall thereafter indemnify,
protect and save harmless the Town from the claims of ownership or
right of possession to said sign asserted by anyone else. If the owner
of, or the person responsible for, the sign does not retrieve a sign
removed by the Town pursuant to this chapter and pay the sum of $25
to the Town within 30 days, the Town may discard the sign.
Anyone placing or erecting a sign without the
permission of the Town upon any street, alley, park, sidewalk or other
public place owned or under the control of the Town shall be guilty
of a municipal infraction, the fine assessed in accordance with any
citation issued therefor to be in the amount of $100. Anyone erecting
or placing a sign on property other than that owned or controlled
by the Town in violation of the zoning regulations of the Town shall
be subject to the fines and penalties prescribed in said regulations.
