11C-610 Violation and penalty; other remedies;

A. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating, causing, or permitting the violation of the provisions of this Title shall be punishable as provided by Municipal Code/Resolution. Such person, firm, or corporation who violates this Title shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this Title is committed, continued, or permitted. B. Removal of Temporary Signs: All temporary, nonconforming signs are to be removed immediately upon verbal or written notification from City Code Enforcement Officer. A sign in violation of this Title may be removed by the City: 1. Pursuant to an administrative order issued by the Garden City Administrative Court in conjunction with a civil enforcement action. 2. Immediately in situations where the sign is in such a condition or location so as to constitute an imminent threat to the health, safety, welfare, or property of the citizenry; and/or 3. Immediately and without notification where the sign is located upon public property and is not permitted to be so located. C. Removal of Permanent Signs: In addition to the fines and penalties set forth in paragraph (A), the City is hereby authorized to exercise the following additional remedies, jointly or severally: 1. Notice of correction. A City Enforcement Officer may prepare and serve notice of a violation of this Title, requiring compliance within thirty (30) days of the date of the notice. The notice shall describe the sign, specify the violations(s), and inform the recipient that if the violation(s) is/are not remedied, the sign may be removed at the responsible party's cost. The notice shall also inform the recipient that if the recipient disagrees with the enforcement officer regarding the violation, the recipient may appeal the enforcement officer's determination to the Appeal Authority. Said appeal must be in writing and received by the Town of Garden City within a fifteen (15) day period after the notice of violation. Notices of violations are deemed to have been given when notice is mailed or given to the property owner of record or occupant of the property upon which the sign is located. Notice to the property owner shall be mailed to the owner of the property on which the sign is located, as shown on the last county assessment roll. If known, the notice may also be mailed or delivered to the owner of the sign. 2. Removal. A sign in violation of this Title may be removed by the City: a. Pursuant to an administrative order issued by Garden City Administrative Court in conjunction with a civil enforcement action. b. At the conclusion of the fifteen (15) day period set forth hereinabove, provided no appeal has been filed; c. Immediately in situations where the sign is in such a condition or location so as to constitute an imminent threat to the health, safety, welfare, or property of the citizenry; and/or d. Immediately where the sign is located upon public property and is not permitted to be so located. 3. Enforcement. The City may initiate an action in the Administrative Court seeking compliance and other available remedies. D. Costs. The City is hereby authorized to recover its expenditures for the enforcement of this Title, pursuant to any available method, including but not limited to, restitution pursuant to civil penalties, statutory nuisance abatement processes, etc. Any challenges to those costs shall be made pursuant to the applicable process. E. Disposal of signs. Within two (2) business days after a sign comes into the possession of the City, the enforcement officer shall use reasonable means to provide notice to the owner of the sign or agent thereof. Said notice will state that the sign must be retrieved from the City within five (5) business days of the date of the notice. 1. If the sign is not retrieved within that time period, the sign becomes the property of the City and may be disposed of at the City's discretion. 2. If the sign is retrieved within that time period, the person retrieving said sign shall demonstrate ownership and shall pay costs of removal and storage before receiving the sign. If said person disagrees with the assessed costs, said person may, after paying the costs and retrieving the sign, file an appeal. Said appeal must be in writing and submitted to the Administrative court judge within five (5) business days of retrieving the sign and paying the costs. The judge will hear the matter or elect to have the Appeal Authority hear the matter. The sole issue on appeal is the reasonableness of the assessed costs. (Updated January 10, 2019)