Article X — Removal and Disposition of Signs

The director of building inspections shall remove or cause to be removed any abandoned, dangerous, defective, illegal, prohibited, nonconforming sign subject to removal under the provisions of Article IX of this chapter which has not been removed within the time period specified in such Article IX, or any other sign maintained in violation of the provisions of this chapter. The director of building inspections 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 (10) days the sign shall be removed in accordance with the provisions of this article.

For signs described under the provisions of subsection A of Section 15.148.790 of this chapter the notice shall be mailed or given to the occupant of the property or their employee or representative upon which the sign is located.

For all other signs the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, the notice may also be mailed or delivered to the owner of the sign and the occupant of the property.

Any person having an interest in the sign or the property may appeal the determination of the director of building inspections ordering removal or compliance by filing a written notice of appeal with the city planning director within ten (10) days after the date of mailing the notice, or ten (10) days after receipt of the notice if the notice was not mailed. The appeal shall be heard by the planning and design commission or a committee of the planning and design commission which the planning and design commission is authorized to create by resolution. Such committee, if created, shall be called the sign code board of appeals.

Notwithstanding the above, in cases of emergency, the director of building inspections may cause the immediate removal of a dangerous or defective sign without notice. (Ord. 2016-0010 § 37; Ord. 2012-004 § 36; prior code § 3.11.184)

Any sign removed by the director of building inspections pursuant to the provisions of this article shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city or by assessment against the property as hereinafter provided. The cost of abatement or removal shall include any and all incidental expenses incurred by the city in connection with the sign abatement or removal.

If the costs are to be assessed against the property, a hearing to confirm such cost shall be held before the city council. At such hearing the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of such property owner as shown on the last equalized assessment roll. If proof is made that notice, as required to be given herein, has in fact been given, the failure of any owner or owners to receive such notice shall not invalidate any proceedings hereunder either as to removal or abatement of such sign or the cost or assessment made in connection therewith. If a cost assessment is confirmed by the city council, such assessment shall be added to and collected with the next property tax bill and shall be treated as a real property tax or assessment and have the same priority as such tax or assessment. (Prior code § 3.11.185) 15.148.830