§ 13-127. Signs prohibited on public property or public rights-of-way removal; abatement costs recovery

(a) Prohibition. Except as provided in sections 13-118 and 13-123.5 and Chapter 11 of Title 19, no person shall erect, place, paint, mark, or display or cause to be erected, placed, painted, marked, or displayed any sign in, under, on or over any public property or on or within any public right-of-way with respect to which the city has jurisdiction. As used in this section, "person" means a natural person, association, partnership, firm, corporation, or trust or the employee or agent thereof. A violation of this section may be prosecuted as a criminal violation pursuant to section 1-33, or be subjected to civil fine pursuant to section 1-34, et seq. Criminal prosecution or imposition of civil fine shall not preclude, nor be precluded by, abatement of such signs or parts thereof pursuant to this section.

(b) Removal. Any sign posted in violating of the provisions of this section may be removed by any employee of the city duly authorized to do so by the development services director. The owner of a seized sign will be given notice by the city within ten (10) days of the seizure in those cases where the name and address or other means of contact are provided upon the seized sign. The notice will indicate the seizure and the owner's right to a hearing and recovery of the sign. An owner who files a request for a hearing within fifteen (15) days of the seizure shall be given a hearing by the director within ten (10) days of such request to determine if the seized sign was posted in violation of this section and/or if any abatement costs imposed are unreasonable. If at a hearing it is determined the sign was not posted in violation of this section, the owner may recover the sign without any cost or other charge for the removal. If a sign is not claimed by an owner by the end of fifteen (15) days after seizure nor is a hearing requested, the city may dispose of the sign without further notice.

Failure of the city to give or failure of the owner to receive notice of the seizure shall not subject the city or any of its officers or employees to any civil liability or invalidate any other action taken pursuant to this section.

(c) Exception. The provisions of this section shall not prohibit the posting of any notice in the manner required by law or by the order of any court of this state.

(d) Court action. The city attorney is authorized and may institute an action in any court of competent jurisdiction to restrain, enjoin, or abate any sign(s) found to be in violation of this chapter and as provided by law.

(e) Abatement cost recovery. Any sign posted in violation of the provisions of this section is a public nuisance. The owner of an illegally posted sign and the person or entity responsible for posting the sign shall be jointly and severally civilly liable and indebted to the city for the reasonable cost of removal and storage of the seized sign which shall be in addition to any other civil or criminal penalty provided by law. The development services director may determine and assess these costs. The city may require payment of these costs prior to returning a sign to an owner, unless a hearing has determined there was no violation or modifies the amount of the costs. The development services director is authorized to recover abatement costs of less than five thousand dollars ($5,000.00) in any lawful manner and may initiate a small claims court action to recover such costs.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 99-10, § 7, 7-19-99)