A. The owner of any premise on which there is displayed or maintained any abandoned or dilapidated signs shall comply with the following requirements:
1. The owner of any dilapidated sign shall remove the sign within thirty (30) days after receiving written notice from the Director of Planning or the adoption of this Subsection, whichever is later;
2. The owner of a supporting structure used or designed to be used with a dilapidated sign shall remove the supporting structure within thirty (30) days after receiving written notice from the Director of Planning.
3. If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that would hold the sign or to which the sign would be attached, the supporting structure shall be removed or made to comply with the provisions of the Subsection.
4. Any modifications, alterations or changes to an abandoned sign or supporting structure shall be made in full compliance with the requirements of this Subsection.
5. Any dilapidated sign or dilapidated supporting structure not in compliance with this Subsection is an unlawful sign and may be removed by the City in compliance with C below and the owner may be prosecuted or be enjoined from continuing such violation.
6. If a sign that conforms to the regulations of this Subsection is abandoned, the owner, user, and persons who benefit from the sign and the owner, operator, and tenants of the property on which the sign is located shall remove it, paint out or cover the message portion of the sign, put a blank face on the sign, or otherwise bring it into compliance with this Subsection so as to leave the message portion and supporting structure neat and unobtrusive in appearance, within ninety (90) days after receiving written notice from the Director of Planning.
B. The following are required for the use, display, maintenance, or permitting of an alteration of any abandoned sign or supporting structure regardless of when the sign was abandoned:
1. Like Material. Only the same like, or better quality material as that being replaced shall be used as a face on or in the abandoned sign. The face of the supporting structure must be one that the supporting structure is designed to support.
2. Covered Messages.
a. Abandoned signs may be painted in order to "blank" the face.
b. However, the paint must completely cover the sign face or message portion of the structure. The covered, painted over message must not show through the paint.
c. Covered sign faces must be of a material or substance that renders the resulting sign face completely blank, opaque, and resistant to deterioration. It is a violation of these regulations to allow a covered message to bleed or show through the paint or covering.
d. Routed, embossed, or raised messages or sign copy must not be visible to the ordinary observer, if the face or message is blanked.
3. No person shall alter an abandoned sign or supporting structure without first obtaining a permit to do so from the Director of Planning.
C. Sign Violations and Removal.
1. The City Manager 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 ETJ for the purpose of enforcing the provisions herein.
2. The City is authorized to take all legal means to ensure that a sign violation is removed or remedied.
3. When a sign requiring a permit is erected without a sign permit, the City Manager shall use the following procedures.
a. 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 Service mail, with postage paid to the last known address of the party responsible for such sign.
b. If the City is unable to deliver written notice to the responsible party, a telephone call shall be made by the City Manager, 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.
c. If, within ten (10) calendar 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, or shall fine the owner on a daily basis as set forth within this Code.
d. 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 in 1.01.05. Violations and Fines for each violation. Each day of the continued violation shall constitute a separate violation.
4. Impoundment of Signs.
a. The Director of Planning 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 immediately and permanently dispose of the signs.
b. 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 Director of Planning shall have authority to dispose of such sign. The owner shall be responsible for all costs associated with removal and disposal of the sign.
