Sec. 326.208. - Signs in violation; abatement procedure.

(a) Summary abatement. The Building Official may summarily impound and remove a sign which is being used or has been constructed, erected, placed, located or parked contrary to or in violation of the requirements of this Chapter, or of Chapter 320 or Chapter 656 , Part 13, without prior demand or notice if: (1) He determines that the sign constitutes a present and immediate danger to the public safety because of the manner of its use, its condition or the condition of electrical connections or other components or its location. (2) There is no convenient way of contacting the owner or lessor of the sign or the owner or lessor fails or refuses to respond to the Building Official when he requests removal, repair or relocation of the sign to correct the dangerous or hazardous condition. When the Building Official intends to impound a sign under this paragraph, he shall proceed to have the sign removed and stored but he shall not be required to make the demand or give the notice before the sign is removed. Instead, within 24 hours after the sign is impounded, the Building Official shall notify the land owner and sign owner, if known, on a form prescribed by the Building Official, that the sign has been summarily impounded under the provisions of this paragraph, which notice shall identify the sign (including the serial number or other identification), give the location from which it was removed, describe the dangerous or hazardous condition which occasioned the impoundment, and state that removal costs and towing and storage charges will be assessed against the impounded sign at the location to which it was removed for storage and that the owner may request a hearing as to the propriety of the impoundment and as to the amount of the owner's liability for the removal costs and towing and storage charges. The notice shall also state the location where the impounded sign is stored and the place where the owner may make his request for the hearing. The notice shall also state, in prominent language, that failure by the owner to request a hearing within five days after receipt of the notice shall act as a waiver of his right to a hearing and that this may result in the placing of a lien against the sign for the removal costs and towing and storage charges without further notice to the owner. At the same time that the Building Official notifies the owner of the impounded sign, he shall notify the owner or occupant of the real property from which the impounded sign was removed, on a form prescribed by the Building Official, of substantially the same information as was given to the owner of the impounded sign. The notice shall state that the cost of removing, towing and storing the impounded sign may be made a lien against the real property from which the impounded sign was removed and that the owner or occupant of the real property may request a hearing as to the propriety of the impoundment and as to the amount of and the owner's or occupant's liability for the removal costs and towing and storage charges. The person to whom a notice is required to be given under this paragraph shall sign the notice as an acknowledgement that he has received a copy of the notice and a copy of the notice shall be provided to that person. If the person willfully fails or refuses to sign the notice or if the person cannot be found, the Building Official shall note this fact on the face of the notice, which shall constitute prima facie evidence of the delivery or service of notice as required by this paragraph. (b) The Building Official may utilize the rotating wrecker call list established by the Sheriff for the purpose of removing and impounding signs. A sign so impounded shall be stored at a location, public or private, designated by the Building Official. For towing and storing signs, the City or wrecker and towing firms are allowed the same charges as are prescribed by Section 804.1204 for passenger cars and light vans. The towing and storage charges occasioned by the impoundment of a sign under this subsection shall be and constitute a lien upon the impounded sign, except as provided in subsection (f) of this Section, and upon the real property from which the impounded sign was removed, except as provided in subsection (f) of this Section. The costs incurred by the City in removing a sign from the real property on which it was located, placed or parked (in addition to towing and storage charges), including the cost of inspecting the sign, issuing and posting the notice required by subsection (a) of this Section and summoning the assistance of police officers in serving the notice, removing the sign or protecting the authorized representatives of the City, together with any unpaid fines imposed pursuant to Section 320.414 shall be and constitute a lien upon the real property, except as provided in subsection (f) of this Section. The Building Official shall cause to be prepared a current schedule of these removal costs and shall file this schedule with the Council Secretary. (c) If the owner or lessee of an impounded sign or the owner, custodian, agent, lessee, trustee or occupant of the real property from which the impounded sign was removed requests within 20 days after the date of the impoundment that a hearing be held on the impoundment and charges, a date shall be set, not more than ten days after the date of the request for the hearing and the General Counsel shall provide a hearing examiner to conduct the hearings required by this paragraph; provided, however, neither the Building Official nor any of his employees may be the hearing examiner. At the hearing, the person who requested it, his agent or his attorney, shall be afforded an opportunity to present, by oral testimony or documentary evidence, his objections to: (1) The impoundment of the sign. (2) The amount of the removal costs or towing and storage charges and his liability for the payment thereof. (d) Within 14 days following the conclusion of the hearing on the objections, the hearing examiner shall render his decision in writing. If the hearing examiner finds: (1) That the impoundment was improper, he shall find that the person is not liable for any removal costs or towing and storage charges occasioned by the impoundment and the City shall re-erect such sign. (2) That the impoundment was proper, he shall establish the amount of the costs and charges to be assessed against the impounded sign or real property, as the case may be and the extent of the liability of the owner for payment of the costs and charges so established. The decision of the hearing examiner shall be final and a copy of the decision shall be furnished to the person, to the custodian or the place where the impounded sign is stored, to the General Counsel, and, if the decision affects real property, to the Tax Collector. (e) If the hearing examiner finds pursuant to subsection (c) of this Section that the impoundment was improper and if he determines that the City shall bear part or all of the costs and charges, the lien created by subsection (b) of this Section shall be discharged. If the hearing examiner finds pursuant to subsection (c) of this Section that the impoundment was proper but that the costs and charges should be in an amount less than the amount of the lien, the lien created by subsection (b) of this Section shall be discharged to the extent that it exceeds the amount established by the hearing examiner. If a lien created by subsection (b) of this Section against the impounded sign and held by a private wrecker or towing firm is discharged by this subparagraph pursuant to a determination by the hearing examiner that an impoundment was improper and that the City shall bear part or all of the towing and storage charges, the City shall pay the firm the amount determined by the hearing examiner. No payment shall be made until it is authorized by the General Counsel. (f) The holder of a lien against an impounded sign created by subsection (b) of this Section, to the extent that the lien has not been discharged as provided in subsection (e) of this Section or otherwise satisfied, may enforce the lien in any manner provided by law after 60 days from the date the sign is impounded by the Building Official. The provisions of Sections 804.1108 — 804.1110 shall apply to the public sale of an impounded sign, redemption before public sale and the disposition of the proceeds derived from the public sale, except that the Building Official shall perform the duties required of the Sheriff in these Sections. (g) Court injunction. Whenever, in the judgment of any appropriate official or employee of the City of Jacksonville, it is necessary that the City obtain the assistance of the courts to remove, terminate or abate a sign which violates any provision of Chapters 320 , 326, or 656; the Office of General Counsel may commence and maintain all necessary actions in the appropriate courts to assist the City in enforcing Chapters 320 , 326, or 656. Nothing contained herein is intended to diminish the rights of the City under Section 320.414 . (Ord. 71-700-400, § 5; Ord. 71-1206-631, § 5; Ord. 77-315-634, § 2; Ord. 79-1228-699, § 2; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 6; Ord. 86-1523-871, § 12; Ord. 93-174-1054, § 5; Ord. 2001-1160-E, §§ 14, 18) Editor's note— Section 3 of Ord. 80-611-278 waived the provisions of this Section for the purposes of the "Neighborhood Watch Program" authorized by § 1 of Ord. 80-611-278. Note— Former § 900-1604.8; § 334.208; § 326.209.