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20.02.040. Violation and penalty; Other remedies

            (1)        Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing, or permitting the violation of the provisions of this Title shall be guilty of a class C misdemeanor and shall be punishable as provided by law.  Such person, firm, or corporation who violates this Title shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this Title is committed, continued, or permitted by such person, firm, or corporation.

            (2)        In addition to the fines and penalties set forth in paragraph (1), the City is hereby authorized to exercise the following additional remedies, jointly or severally:

                        (a)        Notice of correction.  A City enforcement officer may prepare and serve notice of a violation of this Title, requiring compliance within fourteen (14) days of the date of the notice.  The notice shall describe the sign, specify the violations(s), and inform the recipient that if the violation(s) is/are not remedied, the sign may be removed at the responsible party's cost.  The notice shall also inform the recipient that if the recipient disagrees with the enforcement officer regarding the violation, the recipient may appeal the enforcement officer's determination to the Director of the Community and Economic Development Department.  Said appeal must be in writing and received by the Director of the Community and Economic Development Department within the fourteen (14) day period.  Notice of violations are deemed to have been given when notice is mailed or given to the property owner of record or occupant of the property upon which the sign is located.  Notice to the property owner shall be mailed to the owner of the property on which the sign is located, as shown on the last assessment roll.  If known, the notice may also be mailed or delivered to the owner of the sign.

                        (b)        Removal.  A sign in violation of this Title may be removed by the City:

                                    (i)         Pursuant to a court order issued in conjunction with an enforcement action, either civil or criminal;

                                    (ii)        At the conclusion of the fourteen (14) day period set forth hereinabove, provided no appeal has been filed;

                                    (iii)       Immediately in situations where the sign is in such a condition or location so as to constitute an imminent threat to the health, safety, welfare, or property of the citizenry; and/or

                                    (iv)       Immediately where the sign is located upon public property and is not permitted to be so located.

                        (c)        Civil enforcement.  The City may initiate a civil action in the District Court seeking compliance and other available remedies.

            (3)        Costs.  The City is hereby authorized to recover its expenditures for the enforcement of this Title, pursuant to any available method, including but not limited to, restitution pursuant to a criminal prosecution, civil penalties, statutory nuisance abatement processes, etc.  Any challenges to those costs shall be made pursuant to the applicable process.

            (4)        Disposal of signs.  Within two (2) business days after a sign comes into the possession of the City, the enforcement officer shall use reasonable means to provide notice to the owner of the sign or agent thereof.  Said notice will state that the sign must be retrieved from the City within five (5) business days of the date of the notice.

                        (a)        If the sign is not retrieved within that time period, the sign becomes the property of the City and may be disposed of at the City's discretion.  Any costs for removal and storage may be recovered from said owner or agent.

                        (b)        If the sign is retrieved within that time period, the person retrieving said sign shall demonstrate ownership and shall pay costs of removal and storage before receiving the sign.  If said person disagrees with the assessed costs, said person may, after paying the costs and retrieving the sign, file an appeal.  Said appeal must be in writing and submitted to the office of the City Manager within five (5) business days of retrieving the sign and paying the costs.  The City Manager will hear the matter or designate a hearing officer.  The sole issue on appeal is the reasonableness of the assessed costs.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 05-46, Amended, 11/3/2005

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