A. The City Manager or his/her designee shall have the authority to issue a sign violation notice and shall be empowered to enter upon the premises of any person within the City or its extraterritorial jurisdiction for the purpose of enforcing the provisions herein.
B. When a sign requiring a permit under Chapter
6 of this Code is erected without a sign permit, the City Manager shall use the following procedures.
1. The City shall give written notice of violation to the responsible party or to the occupant of the premises if the responsible party is not known. The notice shall include a description of the violation, the date such violation was noted, instructions to contact the City Manager to apply for a permit for the sign, if applicable, and the fine schedule if the notice is not heeded, refused or unclaimed. The notice is deemed delivered when deposited in the United States Postal mail, with postage paid to the last known address of the party responsible for such sign.
2. If the City is unable to deliver written notice to the responsible party, a telephone call shall be made by the City Manager or his designee, date and time recorded, informing the owner of the premises on which the sign is located that on a set day, a fine shall commence to be assessed to the owner of the sign for each day of the violation until the sign(s) are removed.
3. If, within fourteen (14) days, the responsible party fails to contact the City Manager in writing, bring the sign into conformance with this Code, or apply for a permit for the sign, the City Manager shall have the sign removed or impounded without further notice, and/or shall fine the owner on a daily basis as set forth within this Code.
4. The party responsible for the sign shall, upon conviction, be guilty of a misdemeanor and shall (a) forfeit both the sign and any permit associated with the sign; and (b) pay the fines set by the court, not to exceed the fines specified by this Code for each violation. Each day of the continued violation shall constitute a separate violation.
C. Impoundment of Signs.
1. The City Manager shall have the authority to remove all signs, without notice to the owners thereof, placed within any street or highway right-of-way, or attached to trees, telephone and utility poles, other natural features or signs otherwise prohibited or not authorized by this Code, and to impound them for a period of fourteen (14) days.
2. The owner of an impounded sign may recover the same upon payment of an impoundment fee for each sign, and all costs associated with the removal of the sign, prior to the expiration of the fourteen (14) day impoundment period; in the event the sign is not claimed and retrieved from the City’s possession within fourteen (14) days, the City Manager shall have authority to dispose of such sign. The owner shall be responsible for all costs associated with removal and disposal of the sign.
