Chapter VII, Section X - Signs and Outdoor Lighting


Article I    Signs
Sec. 7-10-1    Purpose
Sec. 7-10-2    Signs permitted
Sec. 7-10-3    Definitions
Sec. 7-10-4    Permits and limitations
Sec. 7-10-5    Signs prohibited in all zoning districts
Sec. 7-10-6    Certain signs exempt from permit requirements
Sec. 7-10-7    Nonconforming signs
Sec. 7-10-8    Special permits; process
Sec. 7-10-9    Maintenance
Sec. 7-10-10    Existence of dilapidated or hazardous signs prohibited
Sec. 7-10-11    Conditions raising presumption that sign is dilapidated or hazardous
Sec. 7-10-12    Notice of violation
Sec. 7-10-13    Service of notice and order
Sec. 7-10-14    Request for hearing
Sec. 7-10-15    Procedure for hearing
Sec. 7-10-16    Removal of sign from property
Sec. 7-10-17    Abatement by Town; collection of costs
Sec. 7-10-18    Enforcement authority
Sec. 7-10-19    Right of entry on property
Sec. 7-10-20    Violation; penalty


Sec. 7-10-1.    Purpose.

(a)    This Code recognizes and subscribes to the public value imparted by reasonable and appropriate signage.  This Code also expressly recognizes that an important function of signage is to assist in the efficient identification and advertisement of businesses and their products, public facilities and residential developments.  In order to promote efficient identification, it is necessary to set standards which allow each business, public facility or residential development to be identified without interference from neighboring signage.  These standards should not only ensure that efficient identification is promoted but should also ensure that signs and signage contribute positively to the overall impression of the Town.  This, in turn, enhances the economic, cultural and social viability of the community.
(b)    The purpose of this Code is to promote, preserve and protect the health, safety and general welfare of the present and future inhabitants of the Town by providing reasonable regulations and standards relating to signs.
(c)    It is the explicit intent of this Code to promote signage that:
(1)    Identifies the location of businesses, public places, residential developments and similar establishments and uses;
(2)    Visually enhances the property on which it is located, as well as adjacent land uses, and the overall Town;
(3)    Accommodates flexibility in the location, size, height and design of signage consistent with other intents expressed in this Code;
(4)    Is appropriate to the type of zoning to which it pertains; and
(5)    Is consistent with other community planning, land use, traffic, building and development standards.  (Ord. 519 §1, 2004)


Sec. 7-10-2.    Signs permitted.

Signs may be permitted in the various zoning districts in accordance with the following regulations.  Signs may also be subject to additional requirements of the Colorado Department of Highways.  It shall be unlawful to erect a sign without a permit as provided hereafter.  (Ord. 519 §1, 2004)


Sec. 7-10-3.    Definitions.

For the purposes of this Chapter, the words set out in this Section shall have the following meanings:

Address signs.  Signs that give only the address or name of a building or residence, limited to two (2) square feet and without reference to, or inclusion of, the name or logo of a product sold or service performed on the lot or in a building, structure or business enterprise occupying the use.  No more than two (2) address signs shall be permitted per dwelling or place of business per street front.

Area per face.   The total area per face of sign used for advertising, including any border or trim, but excluding the base, apron, supports and other structural members that do not contain advertising.

Commemorative sign.  A sign, tablet, cornerstone or plaque less than ten (10) square feet memorializing a person, event, structure or landmark.

Commercial sign - residential zone.  A sign within a residentially zoned property identifying a permitted use within such zoning district (i.e., mortuaries, privately owned golf courses or preschools).  Commercial signs   residential zone are subject to review as required in Section 7-10-8.

Community event sign.  Provides information relating to any community event sponsored by a nonprofit group or agency.  The maximum size of any single community event sign shall be six (6) square feet.  All such community event signs shall be attached to permanent structures.  For any building frontage, a total of one (1) square foot of community event signage is permitted for every four (4) lineal feet of building frontage.

Community facility sign
.  A sign within a residentially zoned district identifying a permitted use within such zoning district and which use facilitates a community service (e.g., museum, hospital, municipal pool, Fire Department and public school).

Contractor sign.  Signs not more than thirty-two (32) square feet in size, unless additional signage is required by federal or state law, naming those engaged in the design, financing, marketing and/or construction on the property where the sign is located.  Contractor signs may be installed no more than twenty-one (21) days before receiving a building permit and must be removed within twenty-one (21) days after the completion of construction or a project/subdivision.

Directional on-site sign
.  Signs that direct the movement or placement of pedestrian or vehicular traffic on a lot.  Any individual on-site directional sign shall not exceed six (6) square feet in size.  Examples include "entrance" or "exit," "restrooms," "parking" and "loading area".  Exception:  mobile home directory posters.

Flag, pennant or insignia
.  Any flag, pennant or insignia of any organization of nations, states or cities, fraternal, religious or civic organizations or any educational institutions.  Such flag, pennant or insignia is limited to one hundred (100) square feet in size, excluding the United States flag, which has no size limitation.

Freestanding or ground sign
.  A freestanding sign is a detached sign which is supported by one (1) or more columns, uprights, poles or braces which extend from the ground or from an object on the ground, provided that no part of the sign is attached to any part of any building, structure or other sign.  A ground sign is a type of freestanding sign which is erected on the ground and which contains no free air space between the ground and the top of the sign.

Holiday decorations
.  Noncommercial signs in the nature of decorations, clearly incidental and customary and commonly associated with any national, state, local, religious or commonly recognized holiday.

Incidental signs
.  Signs, emblems or decals attached to a permanent structure informing the public only of those facilities or services available on the premises, such as a credit card sign, a gas price sign or a sign indicating hours of business.  Any single incidental sign shall not exceed one and one-half (1½) square feet.  The total amount of incidental signage shall be equal to or less than one (1) square foot of signage for every ten (10) lineal feet of street frontage.

Kiosk/plaza signs.  Freestanding signs not more than twelve (12) feet in height, owned by the Town and located in public rights-of-way or on private property with the property owner's written permission, for the purpose of directing the public to development projects, businesses and/or public facilities, as approved by the Town Administrator.

Lot.  The area of ground the establishment or residence customarily or ordinarily uses for conducting business or residing upon.

Nonconforming signs.  Signs which were lawfully constructed prior to the enactment of this Section X, but which do not comply with the provisions of this Section X.  Nonconforming signs must be maintained as required in Section 7-10-7 of this Chapter.

Off-premises or off-site sign
.  An advertising device which does not meet or comply with the definition of an "on-premises or on-site sign."

On-premises or on-site sign.  An advertising device advertising activities conducted on the property on which it is located or advertising the same or lease of the property on which it is located.

Permanent structure.  Buildings, sign structures, utility poles and similar devices which are structurally sound and designed to remain continuously in place.  Trees, shrubbery and other natural vegetation shall not be considered as permanent structures.  All permanent structures must be located on private property.

Political sign.  A sign relating to public election that does not exceed thirty-two (32) square feet per face in area; provided that such sign shall not be posted more than forty-five (45) days prior to the election to which the sign relates; and shall be removed within fifteen (15) days after the election to which the sign relates.

Prohibited activities signs.  Signs located on a property posting said property for warning or prohibition, such as "no hunting" or "no swimming."  Such signs shall be no larger than three (3) square feet and not spaced closer than twenty (20) feet to each other.

Public phone sign
.  A sign less than three (3) square feet per face (maximum of two [2] faces) identifying the phone's location and limitation to the word "phone" and/or an illustration of a phone.

Public signs
.  Signs required or specifically authorized for a public purpose by any law, statute or ordinance; which may be of any type, number, area, height above grade, location, illumination or animation required by the law, statute or ordinance under which the signs are erected.

Quasi-commercial sign
.  A sign within a residentially zoned property which identifies a permitted use within such zoning district and which is not used for the purpose of advertising, identifying or announcing any commercial product, good, establishment, facility or service (e.g., Riverside Church, Boy Scouts of America, Moose Lodge).  Quasi-commercial signs are subject to review as required in Section 7-10-8 of this Chapter.

Real estate sign.  A sign on the offered property of not more than six (6) square feet per face for residential and thirty-two (32) square feet per face for commercial and industrial property which advertises the sale, rental or lease of the premises or property upon which said sign is located.

Religious or ideological sign.  A sign which conveys one's views on worship, ethics, philosophy of life or similar beliefs.  Religious or ideological signs do not include political signs, which are addressed elsewhere in this Section.

Residential complex or subdivision identification sign.  An on-site sign not exceeding a total of twenty (20) square feet (includes all faces).  Only two (2) residential complex identification signs are permitted for each driveway or roadway which provides public access to the residential complex.

Roof sign.  A sign erected upon or above a roof or above a parapet wall of a building.

Sign
.  Any outdoor advertising device, display, figure, painting, drawing, message, placard, poster, billboard, structure or any other contrivance designed, intended or used to advertise or to give information in the nature of advertising and having the capacity of being seen from the travel way of any road, street, highway or other public right-of-way.

Sign area.  The portion of any wall which is covered by one (1) or more signs.

Sign cabinets.
  Individual modules or panels containing signage supported by the same structural elements and separated by an air space, excluding necessary supports.

Special signs.  Signs such as counter balance, sandwich boards, "A" frames and similar devices.  Special signs are allowed in addition to other signage, provided that the following criteria are met:
a.    No more than one (1) special sign shall be allowed for each street frontage.
b.    The total area per face of any one (1) special sign is limited to sixteen (16) square feet.
c.    Special signs must be maintained as required in Section 7-10-9 of this Chapter.
d.    Special signs shall not be allowed to be placed on public rights-of-way.

Street frontage.  That part of a lot which adjoins any public right-of-way, excluding alleys.

Temporary signs.  Signs such as banners, pennants and balloons, which are customarily used to identify grand openings, open houses, special sale events and similar activities.  Any such sign shall be allowed for a maximum period of thirty (30) days in any calendar year.

Wall.  The exterior face of any building, including but not limited to mansards, parapets, doors and similar architectural features, excluding windows, which have the capability of being seen from a public right-of-way.  For the purpose of calculating the maximum allowable sign area, sections of walls which have varying angles from adjoining sections shall be considered separate walls.

Window signs.  Include any type of sign that is painted or attached to or within twelve (12) inches of any exterior window.  There are two (2) categories of window signs:
a.    Temporary window signs.  The type of sign placed in a window, which customarily advertises special sales or events.  Temporary window signs are allowed for a maximum period of ten (10) consecutive days.
b.    Permanent window signs.  Signs such as neon logos, marquis and similar devices, which customarily advertise a brand name and more or less remain displayed year round.  Window signs are allowed in addition to other signage, provided that no more than fifty percent (50%) of any window on any building is covered by signage.  (Ord. 519 §1, 2004)


Sec. 7-10-4.    Permits and limitations.

(a)    Signs in Commercial (C) and Industrial (I) Zoning Districts.  One (1) or more signs, fixed to buildings or freestanding, may be located on any lot in all "C" zoning districts and all "I" zoning districts, subject to the following limitations:
(1)    Permit required.  Prior to the installation or erection of any sign structure, a building permit must be secured from the Town.  Fees shall be charged in accordance with the schedule established for ordinary commercial building permits.
(2)    Maximum total size.  The maximum total surface area, including border and trim of all signs on any one (1) lot, shall not exceed two (2) square feet multiplied times the number of linear feet of the street frontage of the lot.
(3)    Maximum size per face.  The maximum total area per face of any one (1) sign shall not exceed one hundred twenty-five (125) square feet.  Additional signs erected on the same support structure shall not exceed thirty-two (32) square feet each per cabinet.  No more than four (4) individual cabinets per sign structure shall be permitted.
(4)    Maximum height.  No on-premises freestanding sign, including border and trim, shall be higher than fifty (50) feet above the surrounding ground level.
(5)    Maximum wall coverage.  The maximum sign area permitted for any wall shall not exceed twenty-five percent (25%) of the area of such wall.
(6)    Maximum number of certain signs.  No more than one (1) freestanding or ground sign shall be permitted for any property.
EXCEPTION:  Property with multiple street frontages or lot frontage in excess of one hundred fifty (150) lineal feet may be approved for additional signs as provided for in Section 7-10-8 of this Chapter.
(7)    Special permits.  Special permits for exceptions to Paragraphs (2), (3), (4) and (5) above may be granted by the Town Board as permitted by Section 7-10-8 of this Chapter.
(b)    Signs in Residential (R) Zoning Districts.  One (1) or more signs, fixed to buildings or freestanding, may be located on any lot in all "R" zoning districts, subject to the following limitations:
(1)    Permit required.  Prior to the installation or erection of any sign structure, a building permit must be secured from the Town.  Fees shall be charged in accordance with the schedule established for ordinary commercial building permits.
(2)    Home occupation.  One (1) identification sign for any home occupation in existence on the date of the ordinance codified herein, provided that the owner and operator of the home occupation has complied with zoning regulations related to home occupations, and provided further that the sign does not exceed six (6) square feet in area per face.
(3)    Commercial sign   residential zone.  Signs which are defined as commercial sign   residential zone may be located within residentially zoned property.
(4)    Community facility sign.  Signs which are defined as community facility signs may be located within residentially zoned property.
(5)    Quasi-commercial sign.  Signs which are defined as quasi-commercial signs may be located within residentially zoned property.
(6)    Illuminated signs prohibited.  No sign in a residential district shall be lighted or illuminated.
(c)    Signs in Planned Unit Development (PUD) Zoning Districts.  One (1) or more signs, fixed to buildings or freestanding, may be located on any lot in all "PUD" zoned districts, subject to the following limitations:
(1)    Permit required.  Prior to the installation or erection of any sign structure, a building permit must be secured from the Town.  Fees shall be charged in accordance with the schedule established for ordinary commercial building permits.
(2)    Review process.  All signs located in "PUD" zoned districts are subject to review as required in Section 7-10-8 of this Chapter.  Signs which are reviewed in conjunction with the final plan review process required for "PUD" approvals shall be considered as complying with the aforementioned review process.
(d)    Design and construction.  The design and construction of signs in all zoning districts are subject to the following requirements:
(1)    Design.
a.    Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this Section.  Bracing systems shall be designed and constructed to transfer lateral forces to the foundations.  For signs supported on buildings, the dead and lateral loads shall be transmitted to the ground in a manner so as to avoid overstressing the elements of the structural frame.  The overturning moment produced by lateral forces shall not exceed two-thirds (⅔) of the dead-load resisting moment.  Uplift due to overturning shall be resisted by proper anchorage to the ground or to the structural frame of the building.  The weight of earth superimposed over footings may be used in determining the dead-load resisting moment.  Such earth shall be carefully placed and thoroughly compacted.
b.    Wind loads, seismic loads, allowable stresses.  Signs and sign structures shall be designed and constructed to conform to the requirements of the International Building Code as amended.
(2)    Construction.
a.    General.  Supports for signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this Section X.
b.    Standards of quality.  The International Building Code as amended shall establish the standards for sign construction.
c.    Materials.  Materials utilized for signs and sign structures shall be of the quality and grade as specified for buildings in the International Building Code as amended.
d.    Restrictions on combustible materials.  Freestanding or ground signs may be constructed of any material meeting the requirements of this Code.  All other signs shall be constructed of noncombustible materials, except that nonelectric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction.  Combustible materials other than approved plastics shall not be used in the construction of electric signs.
e.    Nonstructural trim.  Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or a combination thereof.
f.    Anchorage.  Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either the horizontal or vertical directions shall not exceed the safe values.  Braced ground signs shall be anchored to resist specified wind or seismic load acting in any direction.  Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force twenty-five percent (25%) greater than the required resistance to overturning.  Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.  Portable ground signs supported by frames or posts rigidly attached to the base shall be proportioned so that the weight and size of the base will be adequate to resist the wind loads specified in this Chapter.  Signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied.  Wooden blocks or plugs or anchors with wood used in connection with screws or nails shall not be considered to provide anchorage, except for signs attached to wood framing.  The anchorage or support of a sign shall not be connected to, or supported by, an unbraced parapet wall, unless the wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the Building Code.
g.    Display surfaces.  Display surfaces of signs may be made of metal, glass or approved plastics.  Glass thickness and area limitations shall be as set forth in the following table:
 

 
TABLE FOR SIZE, THICKNESS AND TYPE OF GLASS PANELS IN SIGNS
MAXIMUM SIZE OF EXPOSED GLASS PANEL

 
Any Dimension
(in inches)
Area
(in square inches)
Minimum Thickness of
Glass (in inches)
Type of Glass
30 500 1/8 Plain
45 700 3/16 Plate or wired plain
144 3600 1/4 Plate or wired plain
Over 144 Over 3600 1/4 Plate or wired
 


Sections of approved plastics on wall signs shall not exceed one hundred twenty-five (125) square feet in area.  Sections of approved plastics on wall signs shall be separated three (3) feet laterally and six (6) feet vertically by required exterior wall construction.
EXCEPTION: Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the Building Official.
h.    Approved plastics.  Substantiating data shall be submitted to the Building Official to justify the proposed use of plastic materials.  If it is determined that the evidence submitted is satisfactory for the use intended, the use may be approved.
(3)    Projection clearance.
a.    General.  Signs shall conform to the clearance and projection requirements of this Section.
b.    Clearance from high voltage power lines.  Signs shall be located not less than six (6) feet horizontally or twelve (12) feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts.  The term overhead conductors as used in this Section means an electrical conductor, either bare or insulated, installed above the ground, except when conductors are enclosed in iron pipe or other approved material covering of equal strength.
c.    Clearance from fire escapes, exits or standpipes.  Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe.
d.    Obstruction of openings.  Signs shall not obstruct openings to the extent that light or ventilation is reduced to a point below that required by the Uniform Building Code.  Signs erected within five (5) feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.
e.    Projection over public rights-of-way and alleys.  Signs or sign structures shall not project into public rights-of-way or alleys.
f.    Clearance from streets.  Signs shall not project within two (2) feet of the curb line.
g.    Clearance above driveways, parking lots and pedestrian ways.
1.    Signs shall not project over driveways, parking lots or similar areas of vehicular travel below a height of fourteen (14) feet above grade.
2.    Signs shall not project over pedestrian ways below a height of eight (8) feet above grade.
(4)    Electric signs, general.  Electric signs shall be constructed of noncombustible material, except as provided in this Section.
a.    The enclosed shell of electric signs shall be watertight, except that service holes fitted with covers shall provide access into each compartment of the sign.
b.    Installation.  Electrical signs and equipment used in connection with such signs shall be installed in accordance with local ordinances regulating electrical installations and the electrical components used shall bear the label of an approved agency.
c.    Erector's name.  Electric signs shall have the name of the sign erector and date of erection included on the surface of the sign.  The name and date shall be of sufficient size and contrast to be readable from a reasonable distance.
(5)    Special and temporary signs.  Special and temporary signs shall be supported and attached in such a manner to prevent any sign or portion, member or appurtenance thereof from becoming detached or dislodged, or to collapse and thereby injure persons or damage property.  (Ord. 519 §1, 2004)


Sec. 7-10-5.    Signs prohibited in all zoning districts.

The following signs shall be prohibited in all zoning districts:
(1)    Mechanical or electrical appurtenances, such as "revolving beacons" which are obviously designed just to compel attention;
(2)    Flashing red, green or amber signs located within one hundred (100) feet of an intersection;
(3)    Any sign located so as to conflict with the clear and obvious appearance of public devices controlling public traffic;
(4)    Any sign or portion of a sign that utilizes an exposed incandescent or high intensity lamp, with the exception of neon, in such a fashion as to project light directly onto adjoining property or a right-of-way;
(5)    Off-premises advertising device:  any stationary sign or other device which advertises a business establishment, good, facility, service or product which is not sold or conducted on the premises on which the sign or device is located, except for kiosk/plaza signs;
(6)    Roof sign.
(7)    Any vehicle displaying signage which is not connected with the vehicular use of the vehicle, except that when a special event circumstance exist, such as a special sale or occasional event, a written permit may be applied for from the Town Administrator with the term of the permit being limited to the term of the special sale or event, but no longer then ten (10) days.  This Section shall not apply to service or delivery vehicles, painted or signed and parked in a normal manner; that is, not at the edge or corner of commercial property as additional signage.  Also, an owner of a vehicle may have one (1) "For Sale" sign in one (1) or two (2) windows of one (1) of their vehicles in the driveway of their residence or, if there is no driveway, in one (1) vehicle of theirs on the street directly in front of their residence, with no permit necessary and with no time limit; provided, however, that such vehicle may not be a derelict vehicle as prohibited in Section 15-2-2 of this Code.  (Ord. 519 §1, 2004)


Sec. 7-10-6.    Certain signs exempt from permit requirements.

The following signs are exempt from the permit requirements as established in Paragraphs 7-10-4(a)(1), (b)(1) and (c)(1) above:
(1)    Address signs.
(2)    Commemorative signs.
(3)    Community event signs.
(4)    Community facility signs.
(5)    Contractor signs.
(6)    Directional on-site signs.
(7)    Flags, pennants or insignia.
(8)    Holiday decorations.
(9)    Incidental signs.
(10)    Kiosk/plaza signs.
(11)    Political signs.
(l2)    Prohibited activities signs.
(13)    Public phone signs.
(14)    Public signs.
(15)    Real estate signs.
(16)    Religious or ideological signs.
(17)    Residential complex or subdivision identification signs.
(18)    Special signs.
(19)    Temporary signs.
(20)    Window signs.  (Ord. 519 §1, 2004)


Sec. 7-10-7.    Nonconforming signs.

A legal nonconforming sign may continue to exist unless one (1) or more of the following conditions occurs:
(1)    The sign is damaged to an extent of more than fifty percent (50%) of its total replacement value.
(2)    Copy area on the sign is increased in size.  For the purpose of this Paragraph, copy does not include the background panels; however, the total area of the sign which contains advertising, messages, script, logos or similar coverage shall be included in determining the size of the copy area.
(3)    The goods or services of a business which are identified by the sign are no longer provided on the premises and have not been provided for one hundred twenty (120) consecutive days or more.  (Ord. 519 §1, 2004)


Sec. 7-10-8.    Special permits; process.

Special permits for exceptions to size, height, location and quantity of signs or for special and temporary signs may be granted, provided that all of the following criteria are met:
(1)    A written request is filed for a hearing before the Town Board.  Prior to acting on such a request, the Town Board must have the recommendation of the Planning and Zoning Commission.  Four (4) affirmative votes of the members of the Town Board shall be required to overrule the recommendation of the Planning and Zoning Commission.
(2)    Such sign is found to be compatible with the surrounding area.
(3)    Such sign is found to be harmonious with the character of the area.
(4)    Such sign shall not adversely affect the immediate area.
(5)    Such sign shall not adversely affect the future development of the area.
(6)    Due to the proposed geographical location of such sign or other physical situation of the land or building, practical difficulty or unnecessary hardship which has not been self-imposed would deprive the owner/tenant of the property of the reasonable use of signs as a means of advertising.
(7)    An undue concentration of signage is not created by the granting of an exception to the limitations established by this Chapter.
(8)    The purpose and intent of this Chapter as outlined in Section 7-10-1 is maintained.
(9)    The health, safety and welfare of the inhabitants of the area and the Town are not jeopardized.  If a special permit is granted by the Town Board, work on such sign for which the special permit applies must be commenced within three (3) months of the approval and completed within six (6) months.  No extension of time may be granted.  (Ord. 519 §1, 2004)


Sec. 7-10-9.    Maintenance.

All signs must be maintained in good structural and visually attractive condition at all times and kept neatly painted, including all structural supports and metal trim.  Components of signs which are made of rust-resistive materials need not be painted; however, such components must be maintained in good condition.  For the purpose of this Section and Sections 7-10-10 and 7-10-11 below, the definition of sign includes all necessary supports, brackets, framework, structural components and similar equipment, whether or not an actual sign is attached or in place.  (Ord. 519 §1, 2004)


Sec. 7-10-10.    Existence of dilapidated or hazardous signs prohibited.

It is unlawful for any person, partnership, corporation or its agent, either as owner, lessee, tenant or occupant of any lot or land within the Town, to allow any sign or portion of a sign to exist which is dilapidated or hazardous.  (Ord. 519 §1, 2004)


Sec. 7-10-11.    Conditions raising presumption that sign is dilapidated or hazardous.

Any of the following conditions shall raise the presumption that a sign is dilapidated or hazardous:
(1)    Whenever any sign or portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(2)    Whenever any sign or portion thereof, because of obsolescence, deterioration, damage, decay, inadequate maintenance or any other reason, is in such a condition as to constitute a public nuisance.
(3)    When any sign or portion thereof exhibits visually obvious conditions of poor maintenance such as, but not limited to, the lack of paint applied in a neat, workmanlike manner, faded, broken or missing panels or general deterioration.
(4)    Whenever any sign or portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less then it was before such catastrophe.  (Ord. 519 §1, 2004)


Sec. 7-10-12.    Notice of violation.

Whenever an apparent violation of this Chapter is observed by an enforcement official of the Town, the official must cause a written notice to be served upon the person in possession, control or ownership of the property in question.  Such notice must include:
(1)    The location of the violation sufficient for identification of the sign involved.
(2)    A statement that the official has found the sign to be in violation of this Section and a brief description of the conditions found to render the sign as such.
(3)    A statement of the action required to be taken to bring such sign into compliance.
(4)    A statement advising that, if any required repair or demolition work is not completed within the time specified, the enforcement official will order the removal of the sign, with the cost of removal to be levied against the property involved and/or be made a personal obligation of the property owner.
(5)    A statement advising that any person having legal interest in the sign or property involved may file a written request for a hearing before the Town Board within ten (10) days after receipt of notice. (Ord. 519 §1, 2004)


Sec. 7-10-13.    Service of notice and order.

The notice required by Section 7-10-12 above shall be by first class mail, postage prepaid, to the address of the owner of the real estate and/or person in possession, control or ownership of the property in question, or personally served upon such individual by the enforcement official.  (Ord. 519 §1, 2004)


Sec. 7-10-14.    Request for hearing.

The persons to whom notices are directed may file a written request for a hearing before the Town Board within ten (10) days after receipt of the notice.  Receipt shall be presumed three (3) days after mailing.  Prior to acting on such a request, the Town Board must have the recommendation of the Planning and Zoning Commission.  Four (4) affirmative votes of the members of the Town Board shall be required to overrule the recommendation of the Planning and Zoning Commission.  (Ord. 519 §1, 2004)


Sec. 7-10-15.    Procedure for hearing.

The hearing shall be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of such hearings at least five (5) days in advance thereof.  (Ord. 519 §1, 2004)


Sec. 7-10-16.    Removal of sign from property.

If the violation described in the notice has not been remedied within the period of compliance or in the event that a notice requesting a hearing is timely filed, a hearing is held, and the existence of the violation is affirmed by the Town Board, the enforcement official shall cause the removal of the sign.  It shall be unlawful for any person to interfere with, hinder or refuse to allow such to enter upon private property for the purpose of removing a sign under the provisions of this Chapter.  (Ord. 519 §1, 2004)


Sec. 7-10-17.    Abatement by Town; collection of costs.

(a)    In the event that any sign found to be in violation of the provisions of this Chapter is removed and disposed of by the order of the administrative authority, the total cost of removing and disposing of such sign shall be paid to the Town Clerk within thirty (30) days after mailing by the Town Clerk to the owner of such property, by first class mail, postage prepaid, notice of assessment of such cost.
(b)    Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien against such property, and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified, at any time after such failure to so pay the same within thirty (30) days, by the Town Clerk to the County Treasurer, to be placed upon the tax list for the current year, to be collected in the same manner as other taxes are collected, and/or such costs may be made a personal obligation of the property owner.  (Ord. 519 §1, 2004)


Sec. 7-10-18.    Enforcement authority.

The administrative authority is authorized and directed to administer and enforce all of the provisions of this Chapter.  (Ord. 519 §1, 2004)


Sec. 7-10-19.    Right of entry on property.

Upon presentation of proper credentials, the administrative authority or agents of the Town may enter upon any property, vacant lots or premises in the Town to perform any duty imposed by this Chapter.  (Ord. 519 §1, 2004)


Sec. 7-10-20.    Violation; penalty.

Every person convicted of a violation of any provision stated or adopted in this Chapter shall be punished by a fine not exceeding one thousand dollars (,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment.  In addition, the Municipal Judge may order the defendant to remove such sign within twenty (20) days, and if the defendant fails to do so, the Town may remove such sign and charge back the property owner for its costs plus a five-percent fee for inspection and other incidentals.  (Ord. 519 §1, 2004)