[Ord. No. 03-2010 §1, 2-8-2010]
A.
Notification Of Non-Conformity. After the enactment of this
Chapter, the Building Inspector or his designees shall use efforts
so as to notify in writing the owner of the sign and the owner of
the property on which any non-conforming sign is located of the following:
1.
The sign's non-conformity; and
2.
Whether the sign is eligible for characterization either as legal
non-conforming or unlawful.
3.
If the owner of the sign or the property sign cannot be located,
the notice may be sent or in any fashion presented to person utilizing
the sign.
4.
If the owner of the sign, property or user cannot be located, the
notice may be affixed in a conspicuous place to the sign or to the
business premises with which the sign is associated.
5.
Such notice shall be stated the owner of the property has the right
to produce any legislative authority, including authorization by the
City or Board of Adjustment* (*variance only) for the sign in question
which said property owner believes may affect the lawful status of
the sign.
B.
Any
sign located within the corporate limits of the City of Louisiana,
Missouri, on the date of adoption of this Chapter or located in an
area annexed to the City thereafter, which does not conform with the
provisions of this Chapter, is eligible for characterization as a
legal non-conforming sign, if the sign was in compliance with applicable
law on the date of adoption of this Chapter.
C.
Loss Of Legal Non-Conforming Status. A legal non-conforming
sign shall immediately lose its legal non-conforming status if:
1.
The supporting structure of the sign is altered in any way or if the sign area is increased in any way except as provided in Subsection (C)(4) below.
2.
The sign structure is relocated, except that any such sign which
is hereafter required to be moved by a governmental body for the purpose
of construction, relocation, widening or improvement of a street,
highway or other public purpose may be relocated once on the same
property in close proximity of the original location, so long as no
changes other than location are made to the sign. Such a sign, once
relocated, is still considered a legally non-conforming sign and bound
by this Section. The governmental entity requiring the removal of
such sign shall compensate the owner of the sign for the loss of such
sign or any and all costs of relocation such sign.
a.
Properties not physically connected shall not be considered as being
in close proximity.
3.
The sign is removed or replace, except for copy on a changeable copy sign and as provided by Subsection (C)(4) below. If a changeable copy sign is left blank for a period of time exceeding sixty (60) calendar days, the non-conforming sign shall be classified as an abandoned sign and removed.
4.
If the business or service advertised or identified by a non-conforming
sign ceases to exist or to be conducted for a period exceeding thirty
(30) days, the non-conforming sign shall be classified as an abandoned
sign and be removed.
5.
Should any non-conforming sign be damaged by any means to the extent
of over sixty percent (60%) of its surface area or structure, it shall
not be reconstructed, except in conformance with the requirements
of this Chapter.
6.
Failure to obtain a current sign permit.
D.
On
the occurrence of any one (1) of the above (C)(1) through (6), the
sign shall be immediately brought into compliance with this Code with
a new permit secured therefore or shall be removed pursuant to the
Section of Sign Removal.
1.
The repainting, replacement of panels and required maintenance on
an existing sign shall not be considered a new sign so long as the
character and content are not changed and the sign area is not increased
in any manner.
2.
If any existing sign is moved, removed or replaced for the purpose
of changing the business, occupation or tenant advertised or identified,
except as provided herein, it shall be considered a new sign and shall
not be allowed unless it is brought into compliance with this Chapter
and all necessary permits are obtained.
3.
When there is no change of use or ownership, an existing legal non-conforming
sign shall not be replaced with a new sign for any purpose.
4.
When there is a change of ownership, any existing non-conforming
sign shall immediately lose its legal non-conforming status and shall
be immediately brought into compliance with the requirements of this
Chapter or be removed.
[Ord. No. 03-2010 §1, 2-8-2010]
The Louisiana City Administrator and/or the Building Inspector
shall have the responsibility of and be the approving authority for
all signs, unless hereinafter exempted.
[Ord. No. 03-2010 §1, 2-8-2010]
The Building Inspector shall inspect all signs after erection
is completed for compliance with this Chapter and an electrical inspection
shall be performed as applicable.
[Ord. No. 03-2010 §1, 2-8-2010]
A.
The
Building Inspector may remove, order or cause the removal of any sign
or advertising devices that:
1.
Do not have the required permit;
2.
Has an expired permit;
3.
Is a public nuisance as defined by City ordinance;
4.
Is unsafe, hazardous or unlawful;
5.
After the enactment of this Chapter any sign erected, place or installed
in violation of any Federal or State law or regulation or the City
Codes of Louisiana, Missouri;
6.
Violates any of the provisions of the Louisiana City Codes or this
Chapter.
B.
If
any sign, except those signs place on property now owned or leased
by the person responsible for the erection or maintenance of the sign,
is deemed to require removal under the provisions of this Chapter,
the Building Inspector shall order it removed and the owner or operator
of the signage or of the establishment the signage is serving shall
be notified in writing of the violation and be given up to fifteen
(15) days at the City's discretion in which to correct the violation.
1.
If the order is not complied with, the Building Inspector shall have
removed at the expense of the person responsible for the erection
or maintenance of the sign.
2.
In the event that all costs associated with the City having such
sign removed is not recovered from the responsible party, said cost
shall become a lien on the real property where the sign is located.
a.
The City Clerk shall register and certify such lien with the Pike
County Recorder of Deeds.
3.
If any sign is erected on property not owned or leased by the person
responsible for the erection or maintenance of the sign, such signage
may be removed immediately by the Building Inspector without notice
and any associated costs incurred by the City for the removal of such
signage shall be recovered from the responsible party. In the event
that all costs associated with the City having such sign removed is
not recovered from the responsible party, said cost shall become a
lien on the real property where the sign is located.
a.
The City Clerk shall register and certify such lien with the Pike
County Recorder of Deeds.
4.
The Building Inspector is authorized to go upon any premises in the
City for purposes of removing signs under the provisions of this Section.
a.
Signs removed by the Building Inspector shall be retained for the
owner's account for a period of thirty (30) days and shall be returned
to the owner upon payment of the expenses of removal.
b.
If not claimed within that time, they shall become the property of
the City and may be destroyed or sold for the payment of the expense
of removal.
c.
If sold, any excess from the proceeds of the sale shall be returned
to the owner. In addition, the City shall in no way be held financially
responsible for any damages that may be incurred as a result of said
removal.
[Ord. No. 03-2010 §1, 2-8-2010]
Any person violating this Chapter or any of its provisions shall be subject to the general penalty provisions pursuant to City Code Chapter 100, Article III, Section 100.170. Each day and instance of violation shall constitute a separate offense and at the discretion of the Building Inspector a summons may be issued for each separate offense.
