For the purpose of this chapter, certain words and terms are herein defined as follows; unless the obvious construction of the wording indicates otherwise; words used in the present tense include the future tens, words in the singular number include the plural number and words in the plural number include the singular number:

Banner sign means a temporary sign constructed of cloth, paper, flexible plastic, nylon, canvas or similar material, which is securely attached to or suspended from a vertical face or other part of a building.

Shopping center means a group of three or more retail stores or shops or other business establishments on a site of two acres or more planned, developed, owned and managed as a unit and related in its location, size and types of establishments to the trade area which it is intended to serve, and which is provided with off-street parking on the premises.

Sign means a presentation of letters, numbers, figures, pictures, emblems, insignia, lines of colors, or any combination thereof which can be viewed from a public right-of-way, private road or another property, and which is displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product, or any otherwise lawful noncommercial message that does not attract attention to a business operated for profit or to a commodity or service offered for sale.

Sign, animated, means any sign having a conspicuous and intermittent variation in illumination, message or physical position of any or all of its parts. A time and/or temperature display which changes its messages not more than once every five seconds, or any permitted flag or banner which is entirely dependent upon wind for movement, or any permitted electronic message board sign shall not be considered an animated sign.

Sign area means the area of the smallest individual rectangle, triangle or circle or combination of not more than two contiguous rectangles, triangles or circles which will encompass all elements of the sign which form an integral part of the display, including background, borders and structural trim. The area of a double-faced sign shall be construed to be the area of the largest single face of the sign, provided that the two faces are back-to-back or the interior angle formed by them does not exceed 30 degrees. A pole, post or similar structural support for a freestanding sign, including pole covers, shall be considered as part of the sign area if such pole, post, structural support or pole cover exceeds three feet in width or contains an integral part of the sign display.

Sign, billboard, means a sign used as an outdoor display for the purpose of advertising or promoting a business, service, activity or product which is not located, offered for sale or otherwise related to use of the premises on which such sign is situated. A "billboard sign" may also be referred to as an "off-premises sign."

Sign, electronic message board, means any sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. A time and/or temperature display which changes its messages not more than once every five seconds shall not be considered an electronic message board sign.

Sign, freestanding, means any affixed sign which is a monument sign or which is supported by upright poles, posts or braces at least three inches in diameter, or five inches if measured diagonally. A freestanding sign shall be considered a structure within the meaning of this chapter.

Sign, illuminated, means a sign being lite either from the back or front to allow for visibility at night.

Sign, portable, means a sign consisting of a fixed message or a changeable message panel, which sign is not attached to a building or anchored within the ground and is capable of being moved easily from one location to another on its own chassis or by other means. Portable signs may not be illuminated or include audio equipment. No portable sign may be converted to a permanent sign unless a new permit is issued pursuant to article V of this chapter.

Sign, projecting, means a sign which is attached to and projects from a wall of a building so that the face of the sign is perpendicular or nearly perpendicular to the face of such wall.

Sign, roof, means a sign erected, constructed and maintained wholly upon or over the roof of any building.

Sign structure, means any portion of a sign, including the area devoted to message or display, and all poles, posts, supports, uprights, bracing, framework, border, background and structural trim.

Sign, temporary means a sign intended for display for a period of time not to exceed 120 days.

Sign, trail blazer, means a sign located in the City of Covington right-of-way approved by Virginia Logos and the City of Covington as part of the Virginia Department of Transportation's Integrated Directional Signing Program, designed to guide pedestrian and vehicular traffic to a specific location.

Sign, wall, means a sign which is painted on or attached flat against a wall, window or other vertical or nearly vertical surface of a building, and which extends no more than 15 inches from the building, and the message portion of which is parallel or nearly parallel to the surface to which the sign is attached.

(Ord. No. O-20-14, 6-14-2022)

No person desiring to erect and maintain any sign over, on or in any sidewalk, street, alley, park or other public place in the city, or any roof sign upon any building in the city, shall do so unless a permit is first obtained therefor from the city.

(Ord. No. O-20-14, 6-14-2022)

Any person desiring a permit required by this article shall make application therefor to the city. Such application shall be made on a printed form to be furnished by the city. A permit for the erection and maintenance of any sign required by this article shall be filled out in full, giving all information pertaining to the sign, the erection and the building.

(Ord. No. O-20-14, 6-14-2022)

As a condition precedent to obtaining a special use permit pursuant to Section 62, the property owner, the sign owner and user of any sign shall agree to be and remain liable for all damages and injuries caused to persons or property by the construction, maintenance or use of the sign constructed or maintained pursuant to such permit and shall also agree to indemnify and save harmless the city against all damages it may sustain in any manner by reason of the construction, maintenance or use of any sign erected, constructed or maintained over, on or in any street, sidewalk, alley, park or other public place, or any roof sign on any building in the city; provided, however, that any applicant for a permit to erect and maintain such sign, where the property owner refuses to agree to indemnify the city as provided in this section, may, in lieu of such agreement by such owner, file an indemnifying bond with some surety company authorized to do business in this state, in the penalty of $10,000.00 and properly conditioned for the protection of the city.

(Ord. No. O-20-14, 6-14-2022)

If the construction of a proposed sign meets with all the requirements of this chapter, the city manager shall issue a permit for the erection, operation and maintenance of such sign for a period of five years from the date of issue.

(Ord. No. O-20-14, 6-14-2022)

At the end of a five-year term of a permit issued pursuant to this article, the sign owner shall make application for inspection of such sign, and if the sign is found to be in good condition, the permit therefor shall be renewed, but if the sign does not meet the requirements of this chapter, it shall either be repaired to such an extent as to meet the specifications or be removed.

(Ord. No. O-20-14, 6-14-2022)

In the erection and maintenance of a sign pursuant to a permit issued under this article, no changes from the provisions and terms of such permit shall be made without the consent of the city manager.

(Ord. No. O-20-14, 6-14-2022)

If at any time after erection a sign if found to be unsafe, the owner thereof shall take immediate steps to correct such condition and the failure to do so shall be cause for cancellation of the permit issued pursuant to this article for such sign.

(Ord. No. O-20-14, 6-14-2022)

The fee for a sign permit shall be as set forth in the Covington Uniform Fee Schedule.

(Ord. No. O-20-14, 6-14-2022)

The provisions of this article shall be construed to apply, where applicable, to signs over, on or in any sidewalk, street, alley, park or other public place, and to roof signs erected on buildings.

Notwithstanding the foregoing, the provisions of this article shall not apply to trail blazer signs approved by the City of Covington and Virginia Logos as part of the Virginia Department of Transportation's Integrated Directional Signing Program and which meet the guidelines established by VDOT and the signing requirements of the Federal Highway Administration's (FHWA) Manual on Uniform Traffic Control Devices (MUTCD).

(Ord. No. O-20-14, 6-14-2022)

No sign, other than roof signs and flat metal signs placed tightly to a building, shall be constructed or erected having more than 300 square feet of surface.

(Ord. No. O-20-14, 6-14-2022)

All signs shall be designed to withstand a wind pressure of 30 pounds minimum per square foot of surface.

(Ord. No. O-20-14, 6-14-2022)

No sign shall be allowed to project over any sidewalk, street or alley further than five feet from the face of the building.

(Ord. No. O-20-14, 6-14-2022)

No roof sign shall extend beyond the building line.

(Ord. No. O-20-14, 6-14-2022)

(a)

Roof signs shall be set back at least eight feet from the parapet walls on a street front and shall not extend more than 20 feet above the roof of the building.

(b)

There shall be a space of at least five feet between any roof sign and the roof.

(Ord. No. O-20-14, 6-14-2022)

(a)

Purpose. The purpose of this article is to provide comprehensive sign regulations, which will promote and carry out the following objectives of the city:

(1)

To regulate the type, placement, and size of signs and other graphic devices within the city;

(2)

To ensure equity in the distribution of the privilege of using the public environment to communicate private information;

(3)

To emphasize assets of community appearance and high environmental quality in promoting business, industry and economic development;

(4)

To promote the public health, safety, and welfare of the public by prohibiting improperly designed or located signs which could distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community;

(5)

To protect property values by improving the quality of the environment;

(6)

To promote the economic growth of the city by creating a community image that is conducive to attracting new business and industrial development;

(7)

To permit reasonable legibility and effectiveness of signs and to prevent their over concentration, improper placement and excessive height, bulk, density, and area; and

(8)

To provide for the reasonable advertising of business and civic products and services, with recognition of the effects of signage on the character of the community.

(b)

Applicability. The regulations contained in this article shall be applicable to signs in all districts. No sign shall be erected, constructed, installed or attached except in conformity with all of the provisions set forth in this division for the particular sign in the district in which it is located.

(Ord. No. O-20-14, 6-14-2022)

The following signs, displays and devices shall be exempted from the regulations contained in this article:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises;

(2)

Flags and insignia of a governmental unit except when displayed in connection with commercial promotions, and decorative flags or banners containing no advertising, commercial logo or message and not displayed as part of a commercial promotion or in connection with any presentation otherwise considered a sign;

(3)

Legal notices; identification, informational or directional signs erected or required by governing bodies;

(4)

Integral decorative or architectural features of a building, except for letters, trademarks, logos or moving parts or moving lights;

(5)

Signs that are displayed no longer than 30 days per calendar year and not to exceed 32 square feet in area;

(6)

Memorial signs and historical markers pertaining to the site on which they are located;

(7)

Signs not exceeding five square feet in area providing directions;

(8)

Signs showing the location of underground facilities;

(9)

Non-illuminated signs, not more than four square feet in area, displayed on private property;

(10)

Signs on the inside of establishments, except those signs specified in section 36-92(d) and (f);

(11)

Signs displayed on major holidays;

(12)

Street address signs, not exceeding ten square feet in area;

(13)

Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign.

(Ord. No. O-20-14, 6-14-2022)

(a)

All signs shall conform to applicable provisions of the Uniform Statewide Building Code and all amendments thereto.

(b)

No sign shall be permitted to be nailed or otherwise affixed to any existing sign structure unless it is to become an integral part of such existing sign structure.

(c)

No sign shall be located, arranged or designed so that it interferes with traffic by any of the following means: glare; blocking of reasonable sight lines for streets, sidewalks or driveways; confusion with a traffic control device by reason of its color, location, shape, or other characteristic; or any other means.

(d)

Except as specifically permitted in the commercial district, no portion of any sign or its supporting structure shall extend beyond the property lines of the lot on which it is located or extend into or project over the right-of-way of a public street.

(e)

Animated signs as defined in article I of this chapter shall not be permitted in any district.

(f)

No wall sign or other sign shall be attached to or obstruct any window, door, stairway or other opening intended for ingress or egress or for needed ventilation and light.

(g)

No person except a public officer or employee in performance of a public duty shall paste, paint, print, nail, tack, erect, place or fasten any sign, pennant, banner or notice of any kind within, facing or visible to any public street or public open space, except as provided for in this chapter.

(h)

Within the commercial districts and at shopping centers, the city manager may issue permits for movable A-frame or "sandwich board" signs to be placed on private property unless permitted on the city sidewalks or right-of-way in locations approved by the city. Such signs shall not project over any portion of a street nor shall they obstruct the sidewalk to less than four feet in width. Such signs shall not be greater than six feet in height or 2½ feet in width, shall be of durable construction, and when displayed shall be anchored in a manner approved by the city manager. Such signs shall only be displayed during business hours. Within the commercial districts, one sandwich board sign is permitted for each business and for shopping centers are not to exceed a total of 12 sandwich board signs.

(Ord. No. O-20-14, 6-14-2022)

Prohibited signs are as follows:

(1)

Any sign that, due to its size, location, color, or illumination, obscures a sign displayed by a public agency.

(2)

Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any utility pole, or structure supporting wire, cable, or pipe; or to public property of any description.

(3)

Any sign located within a public right-of-way, except for signs displayed by a duly constituted governmental authority.

(4)

Flashing or revolving lights, or beacons intended to direct attention to a location, building or service, or any similar device otherwise displayed that imitates by its design or use, emergency service vehicles or equipment.

(5)

Any sign that simulates an official traffic sign or signal.

(6)

Any sign or portion thereof that rotates, or otherwise moves through the use of electrical or wind power, with the exception of the changing of messages on electronic message boards.

(7)

Billboard signs.

(Ord. No. O-20-14, 6-14-2022)

(a)

Signs may be illuminated either through the use of backlighting or direct lighting provided the following standards are met:

(1)

Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application.

(2)

No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related.

(3)

No light from any illuminated sign shall cause direct glare on to any adjoining piece of property, or any adjoining right-of-way.

(4)

Arrows or other directional indicators on a sign may not be illuminated.

(b)

Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above referenced labels to be affixed and thereafter inspected to insure compliance with these standards.

(Ord. No. O-20-14, 6-14-2022)

(a)

The city manager shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety, and welfare of the public.

(b)

The city may collect the cost of such removal, obliteration or abatement from the person erecting, using, operating, posting or displaying such signs.

(Ord. No. O-20-14, 6-14-2022)

Portable signs as defined in article I of this chapter shall be permitted in designated districts subject to the following limitations:

(1)

Purpose. A portable sign shall be used only for the purpose of identifying or directing attention to the business, product, commodity or service conducted, sold or offered on the same lot where it is located.

(2)

Size, location and lighting. Portable signs shall not exceed 32 square feet in area. No portable sign shall be located within five feet of any street right-of-way, other property line or any driveway. No portable sign shall be illuminated.

(3)

Number of signs. Not more than one portable sign shall be permitted on a lot, except additional portable signs shall be permitted within a shopping center when spaced not less than 200 feet apart and when not more than one such sign is erected for a particular business.

(4)

Permits required. A permit shall be required for each portable sign.

(Ord. No. O-20-14, 6-14-2022)

Banner signs as defined in article I of this chapter shall be permitted as temporary signs in designated districts subject to the following limitations:

(1)

Purpose. A banner sign shall be used only for the purpose of identifying or directing attention to the business, product, commodity or service conducted, sold or offered on the same lot where such sign is located.

(2)

Area and number.

a.

The total area of all banner signs located on a lot at a time shall not exceed:

b.

On a building having frontage on more than one street, the maximum permitted area of banner signs shall apply to each frontage, provided that banner signs shall not be attached to more than two building frontages at a given time, nor shall more than one banner sign be attached to any building frontage.

c.

Where more than one main building is located on a lot or where more than one business occupies a building, the maximum area and number of banner signs specified in this section shall apply to each building and to the frontage occupied by each business.

(3)

Duration and frequency. No banner sign shall be displayed for a period exceeding 120 days, nor shall banner signs be displayed on a lot more frequently than two times in a calendar year.

(4)

Attachment. Banner signs shall be securely fastened in a manner to eliminate excessive movement and billowing and shall be capable of withstanding such minimum wind pressure as determined by the city manager. A banner sign shall be removed immediately if it is not securely fastened or becomes torn or damaged, as determined by the city manager. Banner signs shall be erected a minimum of seven feet above grade, except where mounted flush against the face of a building.

(5)

Permits required. A permit shall be required for each banner sign.

(Ord. No. O-20-14, 6-14-2022)

The following signs shall be permitted in all districts, and the area of such signs shall not be included in calculating the maximum permitted area of signs on any lot.

(1)

Temporary signs. One or more temporary signs not exceeding an aggregate area of six square feet shall be permitted in the residential zoning districts, provided such signs shall not be illuminated. One or more temporary signs not exceeding an aggregate area of 18 square feet shall be permitted in commercial or industrial zoning districts. Any such sign shall not be located within ten feet of any developed public right-of-way. Permits for such signs shall not be required.

(2)

On-site directional signs. Signs directing and guiding traffic on private property when such signs do not exceed eight square feet in area. If freestanding, such signs shall not exceed four feet in height or be located within three feet of a street line or other property line.

(Ord. No. O-20-14, 6-14-2022)

In addition to the regulations generally applicable to signs in all districts, the signs shall be permitted and the following regulations shall apply in the R-1, R-2, R-3, R-4 and UR residential districts.

(1)

Identification sign. One identification sign not exceeding two square feet in area.

(2)

Residential neighborhood signs. A maximum of 32 square feet in area shall be permitted at each principal entrance to the neighborhood. No residential neighborhood shall be allowed more than two signs. Residential neighborhood signs may include freestanding signs.

(3)

Freestanding signs. The following restrictions shall apply to all freestanding signs permitted by the provisions of this section:

a.

No freestanding sign shall exceed a height of eight feet.

b.

No freestanding sign shall be located within five feet of any developed public right-of-way.

(Ord. No. O-20-14, 6-14-2022)

In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in commercial and manufacturing districts.

(1)

Maximum permitted sign area. For lots with a combined width of 33 feet or less along their principal street frontage, the combined surface area of all signs for the lot shall not exceed 50 square feet. For all other lots the aggregate area of all permanent signs located on a lot shall not exceed 1½ square feet for each linear foot of lot frontage along the street, nor in any case exceeding 300 square feet, provided that:

a.

In the case of a lot having frontage on more than one street, permitted sign area shall be determined by the lot frontage having the greatest dimension;

b.

In the case of a shopping center, the maximum area of signs attached to any portion of a building devoted to a particular tenant shall not exceed 1½ square feet for each linear foot of building frontage devoted to such tenant, nor in any case larger than 300 square feet. In addition thereto, each shopping center shall be permitted freestanding signs subject to the restrictions set forth in subsection (6) of this section.

(2)

Maximum number of signs. Not more than five permanent signs shall be provided on a lot except a shopping center as defined in article I of this chapter.

(3)

Wall signs. Signs may be attached flat against a wall or other vertical surface of a main building, provided that such signs shall not extend beyond the extremities of the surface of the building. Signs attached to the lower plane of a mansard or gambrel roof of a main building shall be permitted as wall signs, provided they are attached flat to the roof surface or parallel to the building wall above which they are located, and shall in no case extend beyond the extremities of the roof surface to which they are attached.

(4)

Projecting signs. Signs attached to and projecting from the face of a wall of a main building shall be permitted, provided that:

a.

Not more than one such sign including poles or other support structures, shall project greater than five feet from the face of a building shall be permitted for each building frontage, nor closer than two feet from any curb line.

b.

No such sign shall extend above the height of the wall to which it is attached.

c.

Projecting signs shall not exceed 50 square feet in area.

d.

Projecting signs shall be provided with a minimum under clearance of ten feet.

(5)

Awning and canopy signs. Lettering, symbols and combinations thereof constituting a sign may be painted on or affixed to an awning or canopy attached to a main building when such sign does not extend beyond the extremities of the awning or canopy.

a.

Not more than one awning or canopy containing a sign shall be permitted to be attached to each building frontage, provided that no projecting sign shall be attached to such building frontage;

b.

Not more than one sign shall be attached to each face of an awning or canopy and no such sign shall exceed 50 square feet;

c.

Awning signs shall be provided with a minimum under clearance of eight feet and extend horizontally no closer than 12 inches from any curb line;

d.

Canopy signs shall be provided with a minimum under clearance of ten feet and shall extend no closer than two feet from any curb line;

e.

Any awning or canopy which bears a sign and which is not securely fastened or becomes torn or damaged, as determined by the city manager, shall constitute a violation of this article and shall be removed or repaired upon written order by the city manager.

(5)

Freestanding signs. One freestanding sign shall be permitted along each street frontage of 100 feet or more in length, provided that:

a.

No freestanding sign shall exceed 100 square feet in area or 25 feet in height.

b.

No freestanding sign shall be located within 50 feet of any lot in a residential district, or within five feet of any street right-of-way line, other property line or driveway intersecting a street.

c.

Where more than one freestanding sign is permitted on a lot as a result of the lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than 100 feet.

d.

In the case of a shopping center, one freestanding sign not exceeding 300 square feet in area or 35 feet in height shall be permitted when no other freestanding signs are located on the shopping center site.

(6)

Portable signs and banner signs. Portable signs and banner signs shall be permitted subject to the regulations set forth in this article.

(7)

Electronic message board signs. One electronic message board sign shall be permitted per premises, subject to the regulations set forth in this article, and provided that the sign does not exceed 100 square feet, that the sign not exceed 15 feet in height to the bottom of the sign, and that the message board area does not exceed 42 square feet in area.

(8)

The height and area requirements for commercial, M-1, and M-2 signs may be increased by special exception permit subject to reasonable conditions designed to mitigate the impact to surrounding properties.

(Ord. No. O-20-14, 6-14-2022)

In addition to the regulations generally applicable to signs in all districts, the following signs shall be permitted and the following regulations shall apply in the conservation district.

(1)

Identification signs. Not more than two identification signs with a total area of not more than 32 square feet shall be permitted.

(2)

Temporary signs. Not more than two temporary signs or banner signs with a total area of not more than 32 square feet shall be permitted in connection with special events, provided that such signs shall be displayed no longer than the duration of the event plus one week before it begins.

(3)

Location of signs. No sign shall be erected within ten feet of any residential property line or within 5 feet of any developed public right-of-way.

(4)

Height. No sign shall exceed a height of eight feet.

(Ord. No. O-20-14, 6-14-2022)

A nonconforming sign shall be permitted to remain subject to the restrictions and limitations set forth in this section.

(1)

Maintenance and alteration. A nonconforming sign may be maintained and repaired, provided that such sign shall not be moved, replaced, structurally altered, or modified as to size, shape or height except in conformity with the provisions of this article. Lighting or illumination shall not be added to a nonconforming sign. The face of a nonconforming sign or the copy thereon may be changed when all other provisions of this section are met.

(2)

Restoration or removal of damaged signs. Any nonconforming sign damaged to the extent that it represents a public hazard as determined by the building official, or any nonconforming sign damaged by fire, explosion, act of God or the public enemy to an extent exceeding 50 percent of its replacement cost, shall be removed or made to conform to the provisions of this ordinance. In the case of damage of 50 percent or less of the replacement cost of a nonconforming sign damaged by fire, explosion, act of God or the public enemy, such sign may be restored as before the damage, if such restoration is completed within six months of the damage.

(Ord. No. O-20-14, 6-14-2022)

(a)

No sign, unless specifically exempted by the provisions of article IV of this chapter, shall be erected or installed unless a permit for such sign has been issued by the city manager after determination that such sign conforms to all applicable provisions of this chapter.

(b)

In any case where a sign is approved in conjunction with a zoning permit for construction, alteration or conversion of a building and no change to the sign is proposed, a separate permit for such sign shall not be required.

(Ord. No. O-20-14, 6-14-2022)

Every application for a permit which does not require site plan review shall be accompanied by three copies of a plot plan legibly drawn and showing existing permanent signs to remain and proposed permanent signs, including location, lettering, dimensions, lighting, and means of attachment or support. Any freestanding signs shall be shown on a site drawing. Where necessary to depict existing and proposed signs, building elevation drawings shall be submitted.

(Ord. No. O-20-14, 6-14-2022)

A permit shall be valid for a period of one year from the date of issuance by the city manager and shall become null and void if, within such period, no sign has been established as provided in the application. In any case where a permit has expired, application may be made for a new permit in accordance with the provisions of this article.

(Ord. No. O-20-14, 6-14-2022)

In the erection and maintenance of a sign pursuant to a permit issued under this article, no changes from the provisions and terms of such permit shall be made without the consent of the city manager.

(Ord. No. O-20-14, 6-14-2022)

If at any time after erection a sign is found to be unsafe, the owner thereof shall take immediate steps to correct such condition and the failure to do so shall be cause for cancellation of the permit issued pursuant to this article for such sign.

(Ord. No. O-20-14, 6-14-2022)

The fee for a sign permit shall be as set forth in the Covington Uniform Fee Schedule.

(Ord. No. O-20-14, 6-14-2022)

Nothing in this chapter shall prevent any persons from establishing, by deed restriction or private agreement, sign regulations which are more stringent than those set forth in this chapter. Such private agreements shall not be enforced by the city.

(Ord. No. O-20-14, 6-14-2022)

The owner, tenant, permittee, operator, or occupant of any building or land or part thereof who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided.

(Ord. No. O-20-14, 6-14-2022)

Whenever the building official receives a complaint alleging a violation of this chapter, he shall investigate the complaint and take such action as is warranted in accordance with the procedures set forth in this chapter.

(Ord. No. O-20-14, 6-14-2022)

If the building official finds that any provision of this chapter is begin violated, he shall provide a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be provided at the building official's discretion. The final written notice (and the initial written notice may be the final notice) shall state what action the building official intends to take if the violation is not corrected and shall advise that the building official's decision may be appealed to the city council. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety or welfare, the building official may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in section 36-168.

(Ord. No. O-20-14, 6-14-2022)

(a)

Violations of the provisions of this chapter shall constitute a misdemeanor offense.

(b)

Failure to remove or abate the violation either before conviction or within the time period set by a court which orders its removal or abatement shall constitute a separate misdemeanor offense.

(c)

This article may also be enforced by an appropriate equitable action.

(d)

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this article.

(Ord. No. O-20-14, 6-14-2022)