14-19-105 ENFORCEMENT

A. Any sign not expressly allowed by this Code is prohibited. B. The erection of a prohibited sign, or permitting the continued existence of a prohibited sign in violation of this Code, is a class C misdemeanor. Each day of violation is a separate offense. C. There are certain situations where a sign poses or may pose an immediate public safety hazard. The following signs shall be deemed unlawful and hazardous to the public safety, and are declared to be a public nuisance. Any employee of the City is authorized to immediately abate, remove, or otherwise remedy the following signs: 1. Any sign or related structure which interferes with the safe view of drivers entering a public right-of-way from any driveway or property. 2. Any sign that extends over any pedestrian or vehicular travel area, unless specifically authorized by the City. 3. Any sign which interferes with the use of any fire escape, exit, required stairway, door ventilator or window. 4. Any sign which has less horizontal or vertical clearance from communication lines and/or energized electrical power lines than required by adopted safety standards, according to the provisions of City Code and the Bountiful Light and Power Department. 5. Any sign that is located on or that encroaches upon publicly owned land, a public right-of-way, or a public easement, except signs owned and erected by permission of an authorized public agency or that are specifically authorized herein. D. Any sign placed in the public right-of-way without City approval is declared to be a public nuisance and may be summarily removed by any employee of the City. E. The Planning Director and any designated representatives shall be vested with the duty of enforcing this title, and in performance of such duty shall be empowered and directed to: 1. Issue a permit to construct, alter, or repair a sign which conforms to the provisions of this Chapter. The expiration date of such permit shall be one hundred eighty (180) days. 2. Ascertain that a sign is constructed and maintained in conformance with the provisions of this Title, which includes the following actions: a. Initial Inspection After Construction. The Planning Director or the Building Official may make an initial inspection upon the completion of construction, erection, re-erection, or remodeling of any sign for which a permit has been issued and an inspection request is made. This shall include the inspection of temporary signs using electrical connection. b. Re-Inspection (when necessary). The Planning Director or an authorized representative may re-inspect any sign for which a permit was issued but which did not pass a previous inspection. 3. Institute any appropriate action or proceeding where any sign is unlawfully erected, constructed, reconstructed, altered, repaired, converted, or maintained, or in any case where any sign is used in violation of this Title or any other City Code. Such actions include, but are not limited to, the following: a. Issuance of Notices of Violations and Information. The Planning Director or authorized representative may issue a written notice of violation to the person having charge or control over, or that benefit from any sign found to be unsafe or dangerous or in violation of this Chapter. Such official may swear to information against violators. b. Abatement and Removal of Unsafe or Dangerous Signs. If an unsafe or dangerous sign is not repaired or made safe within five (5) working days after giving said notice, the Planning Director may at once abate and remove said sign, or in the alternative, use all available legal means to have the sign removed. If the City or its agent removes the sign, the person having charge or control over, or that benefits from the sign shall pay to Bountiful City the costs incurred in such removal within 30 calendar days after written notice is provided. c. Abatement and Removal of Unlawful Signs. i. If a permanent sign is installed without a permit or is otherwise unlawful or prohibited as defined by this chapter, and is not made conforming within thirty (30) calendar days after written notice has been given, the Planning Director may at once abate and remove said sign, or in the alternative, use all available legal means to have the sign removed, including but not limited to criminal or civil court action with the appropriate court. The person responsible for and/or property owner allowing any such unlawful posting shall be liable for the cost incurred in the removal thereof and the City is authorized to effect the collection of said cost from them. ii. If a temporary sign posted upon private property has been installed without a permit or is otherwise unlawful as defined by this Title, it shall be removed or made conforming within seventy two (72) hours of written notice of the violation. If it has not been made conforming within seventy two (72) hours, either through removal of the temporary sign or by obtaining a temporary sign permit, the Planning Director may at once abate and remove said temporary sign, or in the alternative, use all available legal means to have the sign removed, including but not limited to criminal or civil court action with the appropriate court. The person responsible for and/or property owner allowing any such unlawful posting shall be liable for the cost incurred in the removal thereof and the City is authorized to effect the collection of said cost from them. iii. Any sign that the City removes for encroachment into a public right-of-way or easement, or that is located on public property without the City’s permission shall be held for a maximum period of fourteen (14) days before being destroyed. In no case shall the failure to remove a sign constitute an approval by the City of the unlawful placement of the sign. d. Legal Action. Initiate legal action through the City Attorney’s Office. 4. Abate and Remove Non-Maintained or Abandoned Sign or Sign Identifying a Discontinued Use. The Planning Director may require that each non-maintained or abandoned sign, or sign identifying a discontinued use be removed from the building or premises within forty-five (45) calendar days after providing written notice to the owner or persons benefiting from the sign.