Section 4.36.170 Signs declared illegal.

1. Any sign owned, kept, displayed or maintained by any person, firm or corporation which is not in conformance with the provisions of Section 4.36.180 of this chapter is declared to be illegal. The director of inspection services shall declare such sign to be illegal and such declaration shall state the reason or reasons why such a sign and the keeping, owning, maintenance and display or operation thereof is illegal under the terms of this ordinance.

a. The director of inspection services shall serve notice of such declaration upon the owner of the premises upon which the sign is located, together with a notice requiring that within five working days the parties shall:

Such action shall be completed within thirty days from the date of notice, unless otherwise stipulated by the director of inspection services. Service of such notice and declaration shall be by certified mail, return receipt requested, to the address shown by the records of the county auditor. The designated period for compliance with the order of the director of inspection services shall commence five working days following the receipt of said notice.

b. When it is determined by the director of inspection services that any sign could cause imminent danger to the public and contact cannot be made with the sign owner or owner of the premises, no written notice may be served. In this situation, the director of inspection services may correct the danger, all costs being assessed as prescribed in this subsection.

c. The notice given by the director of inspection services shall state the remedial action required and shall also state that if such action is not taken within the time limit set forth in this chapter, the cost of abatement shall be assessed against the property on which the sign is located, together with an additional five percent for the inspection and incidental costs and collected in the same manner as real estate taxes against the property.

d. In the event that the owner of the premises, or person entitled to possession, or the owner of the sign, shall fail, neglect or refuse to comply with the notice to repair, improve, demolish, or remove the sign declared to be illegal, or obtain any required permits within the required time, said parties may be prosecuted for violation of this chapter and the director of inspection services may demolish and remove the sign declared illegal and the director of inspection services may be aided by injunction to abate the illegal sign and to ensure his peaceful entry on the premises.

e. Bids shall be taken by the director of inspection services to establish the cost of demolition. When the work is completed, the director of inspection services shall certify to the city clerk the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the records of the county auditor or together with a statement of work performed, the date of performance and the cost thereof.

Upon receipt of such a statement, the city clerk shall mail a notice to the owner of said premises as shown by the records of the county auditor by certified mail, postage prepaid, notifying such owner that work has been performed pursuant to this chapter, stating the date of performance of the work, the nature of the work and demanding payment of the cost thereof (as certified by the director of inspection services), together with the five percent for the inspection and other incidental costs in connection therewith. Such notice shall state that if said amount is not paid to the city treasurer within thirty days of mailing of the notice, it shall become an assessment upon and a lien against the property of said owner, describing the same, and will be certified as an assessment against such property

f. If payment is not received within the period of thirty days following the mailing of such notice, the city clerk shall inform the city council of the fact and the city council may enact a resolution assessing the whole cost of such work, including five percent for inspection and other incidental costs in connection therewith upon the lots or tracts of land from which the sign has been removed.

Following passage of such a resolution, the city clerk shall certify the same to the county treasurer and county auditor, who shall collect the assessment in the same manner as other taxes are collected.

g. Each such assessment shall be a lien against each lot or tract of land assessed, until paid and shall have a priority over all other liens except general taxes and prior special assessments. For all purposes herein, the owner of the premises shall be presumed to be the owner of all signs thereon, unless the contrary shall appear from facts brought to the attention of the director of inspection services. (Ord. 2006-0415; 98/U-6342; 84/T-2853)