17.110.070 Violation and penalties – Other remedies.
The city is hereby authorized to exercise the following additional remedies, jointly or severally:
A. The city code enforcement officer may prepare and serve notice of a violation of this chapter, requiring compliance within 14 days of the date of the notice. The notice shall describe the sign, specify the violation(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 code enforcement officer regarding the violation, the recipient may appeal the code enforcement officer’s determination to the community development director. Said appeal must be in writing and received by the director within the 14-day period. Notice of violations are deemed to have been given when notice is mailed or given to the property owner of record or the 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 assessment roll. If known, the notice may also be mailed and delivered to the owner of the sign.
B. A sign in violation of this chapter may be removed by the city:
1. Pursuant to a court order issued in conjunction with an enforcement action, either civil or criminal;
2. At the conclusion of the 14-day period set forth in subsection (A) of this section, provided no appeal has been filed;
3. 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 citizenry; and/or
4. Immediately where the sign is located upon public property and is not permitted to be so located.
C. The city may initiate civil action in the district court seeking compliance and other available remedies.
1. The city is hereby authorized to recover its expenditures for the enforcement of this chapter, pursuant to any available method, including, but not limited to, restitution pursuant to a criminal prosecution, civil penalties, statutory nuisance abatement processes, etc. Any challenges to these costs shall be made pursuant to the applicable process.
2. Within two 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 business days of the date of the notice.
3. 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. Any costs for removal and storage may be recovered from said owner or agent.
4. 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. [Ord. 08-17-2021B § 2 (Exh. A)].