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HomeMy Public PortalAboutORD14790 BILL NO. 2011-4 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. /4 /7 V AN ORDINANCE AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO PROCEDURES FOR SIGN VIOLATIONS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 3 (Advertising and Signs) Section 22 (Enforcement, Violations and Penalty) is amended as follows: Sec.3-22.Enforcement,Violations and Penalty. A. Enforcement by the Building Official. In case any sign or advertising device or structure is erected, constructed, reconstructed, altered, converted, or maintained in violation of this chapter or other regulations made under the authority conferred hereby,the Building Official shall institute proper action or proceedings: 1. Prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; 2. Restrain,correct or abate such violation;or, 3. Prevent any such illegal act, conduct or use. ft shall be Hie dat� of the Building E)fficial to afford Hie off-eAdhig part� notice of the specific 6olation(s)and ordei the correction of th, violation. B. Appeal of Decisions of the Building Official. 1. Where it is alleged there is an error in any order, requirement, decision or determination made by the Building Official, . any aggrieved person may appeal the order, requirement, decision, or determination to the City Administrator or his designee.The order of the building official shall be staved during the appeal to the City Administrator. 2. Any person aggrieved by the decision of the City Administrator or his designee may appeal the order,requirement,decision,or determination to the Board of Adjustment in accordance with the provisions of Sec. 35-80 of the Jefferson Citv Code of Laws. Drafter's Note: Deleted text is shown tlms. Inserted text is shown thus During the pendency of any appeal to the Board of Adjustment any sign or advertising device or structure permanently affixed shall be covered so as not to display any message. If the sign or advertising device or structure may be removed without damage,it shall be removed during the pendency of the appeal. C. City's right to remove illegal sign,procedures to be followed. Notwithstanding the reouirements of section A above, if ffthe Building Official shall find that any sign or other advertising structure regulated herein is unsafe or insecure,is a menaceto the public,is abandoned or maintained in a dilapidated condition,or has been constructed or erected or is being maintained in violation of the provisions of this chapter,he shall give written notice to the permittee or property owner thereof. If the permittee or property owner fails toremove or alter the sign or advertising structure so as to comply with the standards herein set forth within a reasonable time specified in such notice,such sign or other advertising structure may be removed or altered to comply by the Building Official;any expense incidental to such removal or alteration shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. The Building Official may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily without notice. Such signs or other advertising structures are hereby declared to be a public nuisance. When any sign is removed summarily without notice,the owner or lessee thereof shall have the right to a post-seizure administrative hearing to determine whether there was probable cause to remove the sign. D. Penalties. The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the owner, general agent,lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or general agent, architect, builder, contractor or any other person who commits,takes part,or assists in such violation or who maintains any building or premises in which any such violation shall exist,shall be deemed guilty of a ,nisdenicanot, punishable by a fine of not less than Ten Bollms(S'10.06J and not mete flian E)ne Httridred Dollais($100.00j code violation for each and every day that said violation continues after due notice as provided hereinafter. Before issuance of a summons to Municipal Court it shall be the duty of the Building Official to afford the offending party notice of the specific complaint by United States Certified Mail or by personal service,giving said person at least three days notice of his or her violation(s)or anticipated violation(s)and order the correction of the violation. btit iF the offense be to Celli .., ..11 ., ... in tert days after Well Set ViCe 0, shall contintre to violate wi� ptevision of th tegtflations made unde, atithat ity oF this chaptm in the tespect named in sttelt order,shall also be stibject t 1 E. Nothing contained herein shall prevent the city from taking such other lawful actions as may be necessary to prevent or remedy any violation. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: a !/ Presiding Officer 67ayor ATTEST: APPROVED AS TO FORM: "ra/0 City Clerk City Counselor Drafter's Note: Deleted text is shown thus. Inserted text is shown thus