9-13-3: APPLICATION OF REGULATIONS AND ENFORCEMENT:
A. Compliance Required: Except as provided in this chapter, no sign shall be erected, raised, moved, extended, enlarged or altered, or have the text of the sign changed, except in conformity with the regulations herein specified for the zone in which it is located.
B. Construction Standards: All signs hereinafter erected in the city shall comply with current standards of the national electrical code, all provisions of this chapter and other applicable ordinances of the city. All component parts shall be equal to Underwriters Laboratories labeled products.
C. Enforcement: The code enforcement officer shall be vested with the duty of enforcing the zoning ordinance and in performance of such duty, he shall be empowered and directed to:
1. Issue Permits: Issue permits to construct, alter or repair signs which conform to the provisions of this chapter.
2. Determine Conformance: Ascertain that all signs, construction and all reconstruction or modification of existing signs are built or constructed in conformance to the zoning ordinances and building restrictions and building code with reference thereto.
3. Issue Citations And Complaints: Issue citations and/or complaints against violators of this chapter.
D. Inspections: The code enforcement officer shall make an initial inspection upon the completion of construction, erection, reerection or remodeling of any sign for which a permit has been issued and an inspection request is made.
E. Sign Classification: Every sign erected or proposed to be erected within the city shall be classified by the code enforcement officer in accordance with the definitions of signs contained in section 9-13-2 of this chapter. Any sign which does not clearly fall within one of the classifications shall be designated to the classification that it most nearly approximates in the opinion of the code enforcement officer in view of its design, location and purpose.
F. Legal Action: The code enforcement officer shall be empowered to institute appropriate action or proceedings in any case where any sign is erected, constructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any city ordinance, including, but not limited to, the zoning ordinance, to accomplish the following purpose: 1) to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; and 2) to restrain, correct or abate such violation.
1. Issue Notice Of Violation: The code enforcement officer will cause a notice of violation to be issued to the person having charge or control or benefit of any sign found by him to be unsafe or dangerous or in violation of the zoning ordinances of the city.
2. Abate And Remove Unsafe Or Dangerous Sign: If an unsafe or dangerous sign is not repaired or made safe within five (5) working days after giving said notice, the code enforcement officer shall have the right to at once abate and remove said sign, and the person having charge, control or benefit of any such sign, shall pay to the city within thirty (30) calendar days after written notice is mailed to such person, the costs incurred in such removal.
3. Abate And Remove Illegal Sign: If an illegal sign is not made conforming within thirty (30) calendar days after giving said notice, the code enforcement officer shall have the right to at once abate and remove said sign, and the owner or person having charge, control or benefit of any such sign, shall pay to the city within thirty (30) calendar days after written notice is mailed to such person, the costs incurred in such removal.
4. Immediate Removal Authorized: In the case of an unsafe or illegal sign that is either an immediate hazard or whose primary purpose will have been served, at least in part, before the expiration of the notice period required herein, the code enforcement officer may effect an immediate removal without notice, subject to a subsequent right of hearing by the person receiving benefits therefrom.
5. Notice Of Nonmaintained Abandoned Sign: The code enforcement officer shall require each nonmaintained or abandoned sign to be removed from the building or premises when such sign has not been repaired or put into use by the owner, person having control or person receiving benefits of such structure within thirty (30) calendar days after notice of nonmaintenance or abandonment is given to the owner, person having control or person receiving benefit of such structure.
6. Notification: Notification by the city to persons having charge or control or benefit of any sign found by the code enforcement officer to be unsafe or dangerous or in violation of the zoning ordinance of the city and where the city is contemplating removal of said sign, shall be accomplished by the city utilizing written notice sent according to the administrative code enforcement ordinance.
7. Penalty as Alternative: The code enforcement officer shall have discretionary right to enforce removal or alteration of an unsafe or illegal sign by applying the penalty as provided by section 9-13-13 of this chapter as an alternative to the abatement procedures as provided.
G. Right Of Appeal; Sign Review Board: Any person who has been ordered by the code enforcement officer to alter or remove any sign, or any person whose application for a sign permit has been refused, may appeal to the sign review board by serving a written notice to the city within ten (10) days of the order of the code enforcement officer. Such notice shall be considered by the sign review board at its next regularly scheduled meeting. Upon filing of said notice of appeal, the code enforcement officer shall take no further action with regard to the removal of the sign involved until the final decision of the sign review board on the appeal is known, unless the code enforcement officer finds that the sign involved, by reason of its condition, presents an immediate and serious danger to the public, or comes within the provisions of subsection F4 of this section, in which case he shall proceed immediately as provided in this chapter.
H. Plats: All applications for sign permits shall be accompanied by a plat consisting of a plat plan and elevation drawing. The plat shall be in duplicate on a minimum eight and one-half inch by eleven inch (8 1/2" × 11") paper. The plat information shall be drawn and dimensioned with sufficient information so that the code enforcement officer can determine whether the proposed sign will conform with the provisions of this chapter.
1. Plot Plan Requirements: Specifically, the plat shall show the size of the sign and its location relationship to the following features of the site:
a. Property lines;
b. Existing and proposed buildings or other structures;
c. Control curbs;
d. Parking areas.
2. Elevation Drawing Requirements: Specifically, the elevation drawing shall show the following information:
a. Type of sign;
b. Sign display;
c. Sign height;
d. Sign area.
I. Sign Permit Required: It shall be unlawful for any person, whether acting as owner, occupant or contractor, or otherwise, to erect, construct, reconstruct, enlarge, locate or alter any sign within the city without first obtaining a sign permit from the city unless exempted from this requirement in this chapter.
J. Fee Schedule: A fee as established by the city council shall be paid to the city for each sign permit issued under this chapter. The fee will cover the cost of issuance, including the inspection tag. (Ord. 2015-09-001, 9-3-2015)