§ 6.04.035. Enforcement.  


Latest version.
  • A.

    Responsible person. The person responsible for any signs or advertisements in violation of Sections 6.04.010 and 6.04.020 is defined as follows:

    1.

    In the case of a sign or advertisement advertising a service, product, dwelling, or event: the person, business, company, or other entity hosting or organizing the event advertised or selling the services, dwellings, products, or events advertised, or the person, business, company or other entity responsible for attaching, placing, painting, writing, stamping or pasting any sign or advertisement, shall be deemed the responsible person. That is, unless such person, business, company, or other entity notifies the director of the department of codes administration and the director of the department of public works of another person, business, company, or other entity who is responsible. In such case, the person shall provide the name, address, and signed consent of such other responsible person, business, company, or other entity within seven calendar days after a citation is issued.

    2.

    In the case of a campaign sign for political office, the individual whose candidacy the sign supports shall be deemed the responsible person for posting campaign signs, unless he or she notifies the director of the department of codes administration and the director of the department of public works of another person, business, company, or other entity who is responsible, in the manner described in subsection A.1 of this section. The director of the department of codes administration or the director of the department of public works, or their designee(s), may determine that the responsible person under this section is a committee or group supporting the individual candidate and affiliated with the individual candidate.

    3.

    In the case of a campaign sign regarding a ballot measure, the president or chief officer of the committee or group supporting or opposing such ballot measure shall be deemed the person responsible for posting campaign signs, unless he or she first notifies the director of the department of codes administration and the director of the department of public works of another person, business, company, or other entity who is responsible, in the manner described in subsection A.1 of this section.

    4.

    In the case of any other sign or advertisement not described in subsections A.1 through A.3 of this section, the responsible person shall be deemed to be the person, business, company, or other entity who is named on the sign or advertisement, or whose phone number, web site address, physical address, or electronic mail ("e-mail") address appears on the sign or advertisement, unless such person, business, company, or other entity notifies the director of department of codes administration and the director of the department of public works of another person, business, company, or other entity who is responsible, in the manner described in subsection A.1.

    B.

    Removal of signs. In addition to the enforcement described above, the metropolitan department of public works and department of water and sewerage services personnel shall have the authority to summarily remove any notice, sign, or written material found in violation of this section. Further, it is not a violation of this section for any person to remove an illegally placed sign, advertisement or other written material which is in violation of this chapter.

    C.

    Penalty. Violation of this chapter shall subject the responsible person who placed or caused to be placed the sign(s), advertisement(s) or other written material to a civil penalty of fifty dollars per sign, advertisement or other written material placed in violation of this chapter. Both the department of codes administration and the department of public works shall have the authority to issue a citation for violations of this chapter. If a violator has removed the sign, handbill, advertisement or other matter within seven days of receipt of a citation, then the department that issued the citation shall have the authority to declare the citation null and void and shall notify the court to that effect, if applicable. Each and every violation shall constitute a separate and distinct offense.

    D.

    Nothing in this section is intended to hold a person/company engaged in the business of sign printing or sign making responsible for signs printed or made for their customers, unless the sign company causes the sign(s) to be illegally placed within the public right-of-way.

(Ord. BL2011-962 §§ 1, 2, 2011; Amdt. 1 to Ord. BL2009-433 § 2, 2009; Ord. BL2009-433 § 2, 2009)