Article IV — Abatement of Unlawful Signs

• A. Generally. The passage of time does not cure the illegality of a sign which was built, installed, modified, altered or erected in violation of the relevant rules then in effect.

All advertising structures, signs or accessory signs which do not conform to the provisions of this chapter, but which were constructed in compliance with previous regulations, ordinances, resolutions or other conditions of approval, shall be regarded as legal nonconforming and may remain as permitted by this chapter, except as specified in this chapter.

• B. Removal.

  1. Temporary and Portable Signs. Temporary or portable nonconforming signs which were not removed or brought into compliance on or prior to the effective date of this chapter shall be deemed illegal after that date and subject to an immediate removal order and/or abatement.

  2. Painted Wall Signs. Nonconforming signs which are painted directly onto walls shall be painted out, or brought into compliance with the provisions of this chapter when there is a change in business license of the owner or lessee of the property on which the nonconforming painted wall sign exists. Whenever the city becomes aware of the existence of such a nonconforming sign, the director shall notify the owner of the property where such nonconforming sign is located of the provisions of this section. Such owner shall notify any prospective purchaser or lessee of the existence of any such nonconformity and the requirements for removal.

  3. Permanent Signs. Permanent nonconforming signs shall be removed or brought into compliance with the provisions of this chapter whenever the owner of such sign: (a) requests permission to remodel or remodels that sign (remodel does not include the change of display face), or (b) expands or enlarges the building or land use upon which the sign is located and the sign is affected by such construction, or the cost of construction enlargement, or remodeling of the sign exceeds fifty percent of the cost of reconstruction of the building. Such signs shall also be brought into conformity when an owner seeks relocation thereof, or when the use of such sign has ceased or the structure upon which it is displayed has been abandoned for a period of not less than ninety days. The cost of removing an abandoned sign may be charged to the legal owner of the sign or property.

• C. Alteration.

  1. Generally. Nonconforming signs shall not be repaired, altered or added to, or the nonconformity expanded or changed, unless such repairs or alterations are otherwise required by law.

  2. Damaged Signs. Any nonconforming sign which has been less than fifty percent destroyed by any means other than normal wear and tear may be restored to its original condition, provided that the destruction is other than facial copy replacement, and the sign is repaired within thirty days from the date of its destruction or damage. "Less than fifty percent destroyed" means that repair would cost less than fifty percent of complete replacement with a new sign of equivalent characteristics.

y means other than normal wear and tear may be restored to its original condition, provided that the destruction is other than facial copy replacement, and the sign is repaired within thirty days from the date of its destruction or damage. "Less than fifty percent destroyed" means that repair would cost less than fifty percent of complete replacement with a new sign of equivalent characteristics.

• D. Abandoned Signs. It is unlawful for any person to maintain or permit any conforming or nonconforming sign to remain in place for more than ninety days after the business to which the sign pertains is removed from, or has discontinued the use in the building or site where the sign is located.

• E. Abatement of Safety Hazards. If the director finds that any sign or other advertising structure regulated this chapter is unsafe or unsecured, or is a menace to the public health and safety by virtue of its physical condition, as opposed to the message thereon, or has been constructed in violation of the provisions of this chapter, such sign or other advertising structure shall be considered to be a nuisance and subject to the nuisance abatement procedures set forth in Chapter 8.24 . If the sign presents a serious and immediate threat to the public safety, the sign may be summarily abated by the city and the cost of removal or abatement may be charged to the sign owner or property owner. This provision does not limit the city's remedies for ensuring compliance with this chapter.

• (Ord. 985-07 § 2)