§ 12.11. Maintenance and removal.  


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  • A.

    Sign maintenance: Every sign, including those specifically exempt from this code in respect to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant material. All signs shall be free from: rust or holes on or in the sign or sign structure; broken, missing, loose or bent parts; faded or flaking paint; nonoperative or partially nonoperative illuminating or mechanical devices; and/or missing letters/graphics in sign copy. The director of planning and development or his authorized representative shall inspect and shall have the authority to order the painting, repair, alteration, or removal of a sign which shall constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence.

    B.

    Dangerous or defective signs: No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises.

    C.

    Removal of signs by the director of planning and development: The director of planning and development shall cause to be removed any sign that endangers the public safety, such as a dangerous, or materially, electrically, or structurally defective sign, or a sign for which no permit has been issued. The director of planning and development shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that, if the sign is not removed or the violation is not corrected within ten days, the sign shall be removed in accordance with the provisions of this section.

    D.

    Notice: For all signs the notice shall be issued to the owner of the property on which the sign is located as shown on the last tax record. If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and/or the occupant of the property.

    E.

    Appeal/administrative review: Any person having an interest in the sign or the property may appeal the determination of the director of planning and development ordering removal or compliance by filing a written notice of appeal with the zoning board of appeals within 30 days after the date of mailing of the notice of violation, or 30 days after receipt of the notice if the notice was hand delivered not mailed. The zoning board of appeals shall review said application at the next regularly scheduled meeting. Should the board of appeals fail to reach a decision (excluding postponement of meeting or agenda item) during its next regularly scheduled meeting, the appeal shall be deemed to be granted. Applications for appeals shall be subject to provisions of article 14 of the zoning ordinance.

    Notwithstanding the above, in cases of emergency, the director of planning and development may cause the immediate removal of a dangerous or defective sign without notice.

(ZOA 2013-01, § 1(exh. A), 2-25-2013)