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1. Enforcement authority. This Article shall be enforced by the designee of the Town Manager.

2. Immediate removal of signs. Signs that are unlawfully located within public right-of-way may be summarily removed by the Town and disposed of without notice. The Town may, but is not obligated to, store such signs and return them to their owners.

3. Penalty for noncompliance. Every person convicted of a violation of any provision of this Article shall be punished by a fine not to exceed the maximum fine a municipal court may impose as a matter of law for each day the violation continues. The Municipal Court may further order the defendant to remove a prohibited or unlawful sign within five (5) days or such other time period as the Court determines is reasonable, and if the defendant fails to timely do so that the City may remove such sign and charge the property owner for the cost of removal plus a five percent (5%) fee for administration, inspection, and other incidentals.

4. Service of notice.

a. Notices of violation of this Article shall be personally served upon or sent by first-class mail, postage prepaid, to:

(1) The address of the record owner of the real estate and/or person in possession and control of the property upon which the violation is alleged; or

(2) For signs located within the public right-of-way, the owner of the sign or the person, entity, or organization who directed the sign to be placed (if known).

b. The notice of violation shall identify the sign or activity that is in violation of this Article, and cite the Section number that is allegedly violated. The notice of violation shall state that:

(1) One (1) or more signs has been removed from the public right-of-way and the Town alleges that the party notified is responsible for unlawfully installing such sign(s); or

(2) Temporary signs are present on the party’s property that are in violation of this Article, and the party has twenty-four (24) hours to correct the violation; or

(3) Permanent signs are present on the party’s property that are in violation of this Article, and the party has thirty (30) days to correct the violation.

c. A notice of violation issued pursuant to Subsection (4)(b)(1) of this Section, or failure to comply with the terms of the notice of violation issued pursuant to Subsection (4)(b)(2) or (4)(b)(3) of this Section, may result in the summons to appear in Municipal Court.

5. Lien for collection of fines, penalties, and costs. In order to collect fines, penalties, and costs that are assessed by the Municipal Court, the Town may file a lien against the property upon which the prohibited or unlawful sign is located; such lien to have priority over all liens except general taxes and prior special assessments. The lien shall be placed upon the tax rolls for the current year, to be collected in the same manner as other taxes are collected. The Town may file such lien at any time not less than thirty (30) days after judgment is entered by the Municipal Court. (Ord. 1216 §1 (Exh. A), 2016)