Sec. 320.413. - Removal of signs.

(a) For the purposes of this Section the following terms shall have the following meanings: (1) Land owner means the person who owns the real property on which a sign or sign structure is located. This includes any land that a sign overhangs. (2) Sign owner means the person who appears to be the owner of a sign based on the location of the name on the sign or sign structure. (b) Any sign or portion of any sign located in the City which is erected, used, operated, constructed or maintained without complying with the zoning, application, permit, maintenance, and renewal permit laws and procedures required by this Chapter, Chapter 326 , and Chapter 656 , is hereby declared to be illegal and shall be removed as provided herein. (c) (1) Upon determination by the Division that a sign or sign face is in violation of this Chapter, Chapter 326 , or Chapter 656 , the Division shall post on each such sign structure or sign face an orange, dated notice with black letters. The notice shall state that the sign or sign face is illegal and is required to be brought into compliance or removed within 30 calendar days after the date on which the notice is posted. The Division shall also mail or deliver written notice to the land owner and sign owner, if known. The written notice shall state that the sign is illegal and is required to be brought into compliance or removed within a 30-day period specified on the posted notice. The mailed or delivered written notice shall further state that the land owner and sign owner have the right to request a hearing, as provided in Section 320.113(f). The request must be in writing and filed with the City not later than 30 calendar days after the date of the mailing or delivery of notice required herein and shall state all facts demonstrating that the sign is not in violation. (2) If, pursuant to the notice provided, the subject illegal sign is not brought into compliance, removed by the land owner within the prescribed period, or the land owner fails to timely request a Section 320.413 (f) hearing, the City may remove and may store, destroy or otherwise dispose of the sign without further notice being required and without paying any compensation therefor. For that purpose, the City's employees, agents, or contractors may enter onto private property without incurring any civil or criminal liability or penalty for trespass or conversion of the sign or other like offense for so entering and removing such sign. (3) For the purpose of this Section, the posted notice (and the mailed notice to the permittee and sign owner, if known) constitutes sufficient notice. No notice is required to be provided to lessees or advertisers; provided, however, if a lien on the real property on which the sign is located is to be sought for the costs of removal, towing and storage, and unpaid fines, persons with ownership in the real property shall be notified in writing as set forth in subsection (c)(1) of this Section. (d) (1) If a sign is under construction and the division determines the sign owner or applicant has not been issued a permit as required under this Chapter, or that the sign is otherwise unauthorized or illegal, the division shall require that all work on the sign cease until the sign owner or applicant takes whatever steps are necessary to show that the sign is authorized by law, including, if necessary, steps to apply for a permit. The division shall post an order to cease work on the subject sign, and no further notice is required to be given. Failure of a sign owner (or his or her authorized employees or agents) or applicant to meet or comply with the order shall subject the sign to prompt removal by the City. The City shall have no liability to the owner or applicant for such removal, and may recover the costs for the removal. (2) For purpose of this subsection (d) of this Section only, a sign is under construction when it is in any phase of initial construction prior to the attachment or display of the advertising message in final position for viewing by the traveling public. A sign that is undergoing routine maintenance or change of the advertising message only is not considered to be under construction. (e) The cost of removing a sign, together with towing and storage charges, if any, whether by the Division or by an independent contractor on behalf of the City, shall be assessed against the sign owner and land owner by the City and shall be an indebtedness collectible by the City. In addition, a civil penalty of $500 per day per sign shall be assessed against the land owner and sign owner jointly and severally for any sign in violation of Chapters 320 , 326, or 656 which has not been removed within the 30-day period after placing of the notice of illegality thereon pursuant to the requirements of this Section. Any civil penalties assessed pursuant hereto shall be collectible by the City and paid into the Sign Enforcement Fund established in Section 111.460 . Sign owners and land owners shall pay all costs and attorneys fees incurred by the City which are necessary to enforce the provisions of this Section. (f) Any hearing authorized by this Section shall be conducted by the Director of Public Works or the Director's designee who will not be the person issuing the notice or that person's employees or subordinates. Any hearing required by this Section shall be governed by the following: (1) The hearing should be (not mandatory) scheduled by the Director to be held within 15 days of receipt of a written request, and the land owner and sign owner, if known, shall receive a minimum five working days notice of the hearing. (2) The land owner and sign owner may appear in person or be represented by an attorney. (3) The issue before the Director shall be the factual determination of whether a violation exists under the Ordinance Code. (4) The hearing shall be informal. The Director shall review the notice of violation, the requesting party's explanations in its request for hearing, and may receive and consider any evidence upon which reasonably prudent persons normally rely. The Director shall not be bound by technical, common law, statutory or formal rules of evidence or procedure. After the hearing, the Director shall render findings based upon whether a violation exists. (5) The City shall supply either audio, video, or stenographic recording services at its discretion to establish a record of the hearing but the City or the requesting party can, at its own expense, record or transcribe the hearing in any matter it deems fit. (6) Within 14 days of the conclusion of the hearing, or as soon thereafter as is practicable, the Director shall render findings to the land owner and sign owner and the Division determining whether the sign is in violation of the Ordinance Code. (7) If the decision of the Director is that the sign is in violation of the Ordinance Code, the decision shall advise the land owner or sign owner that if the sign is not removed within 15 days of the date of the decision, the City may thereafter remove the sign at such reasonable cost to the land owner and sign owner as may be incurred by the City. (8) If the decision of the Director is that the sign is not in violation as noticed, the City shall take no further action pursuant to the notice of violation on which the decision was made. (g) The provisions of this Section are intended to have municipal application to the City of Jacksonville and shall be supplemental to any Countywide regulations adopted by the City Council either through ordinance or as may be contained in the Charter of the City. (Ord. 2001-1160-E, § 1; Ord. 2006-422-E, § 124)