Signs may be permitted in the various zoning districts as accessory uses in accordance with the following regulations. Signs may also be subject to additional requirements of the Colorado Department of Transportation. It shall be unlawful to erect a sign without a building permit as provided hereafter.

(Ord. 1-02, 2002)

For the purposes of this Chapter, the words set out in this Section shall have the following meanings:

(1)

Address signs means signs that give only the address or name of a building or residence, limited to two (2) square feet and without reference to, or inclusion of, the name or logo of a product sold or service performed on the lot or in a building, structure or business enterprise occupying the use. No more than two (2) address signs shall be permitted per dwelling or place of business per street front.

(2)

Area per face means the total area per face of a sign used for advertising, including any border or trim, but excluding the base, apron, supports and other structural members that do not contain advertising.

(3)

Commemorative sign means a sign, tablet, cornerstone or plaque less than ten (10) square feet memorializing a person, event, structure or landmark.

(4)

Commercial sign, residential zone means a sign within a residentially zoned property identifying a permitted use within such zoning district (i.e., mortuaries, privately owned golf course or preschool). Commercial signs, residential zone are subject to review as required by special permit process.

(5)

Community event signs provide information relating to any community event sponsored by a nonprofit group or agency. The maximum size of any single community event sign shall be six (6) square feet. All such community event signs shall be attached to permanent structures. For any building frontage, a total of one (1) square foot of community event signage is permitted for every four (4) lineal feet of building frontage.

(6)

Community facility sign means a sign within a residentially zoned district identifying a permitted use within such zoning district and which use facilitates a community service (e.g., museum, fire department, public school).

(7)

Contractor signs means signs not more than thirty-two (32) square feet in size, unless additional signage is required by federal or state law, naming those engaged in the design, financing, marketing and/or construction on the property where the sign is located. Contractor signs may be installed no more than twenty-one (21) days before receiving a building permit and must be removed within twenty-one (21) days after the completion of construction.

(8)

Directional on-site signs means signs that direct the movement or placement of pedestrian or vehicular traffic on a lot. Any individual on-site directional sign shall not exceed six (6) square feet in size. Examples include "entrance" or "exit," "restrooms," "parking" and "loading area."

(9)

Flag, pennant orinsignia means any flag, pennant or insignia of any organization of nations, states or cities, or fraternal, religious or civic organizations or any educational institutions. Such flag, pennant or insignia is limited to one hundred (100) square feet in size, excluding the United States flag, which has no size limitation.

(10)

Freestanding or ground sign. A freestanding sign is a detached sign which is supported by one (1) or more columns, uprights, poles or braces which extend from the ground or from an object on the ground, provided that no part of the sign is attached to any part of any building, structure or other sign. A ground sign is a type of freestanding sign which is erected on the ground and which contains no free air space between the ground and the top of the sign.

(11)

Incidental signs means signs, emblems or decals attached to a permanent structure informing the public only of those facilities or services available on the premises, such as a credit card sign, a gas price sign, or a sign indicating hours of business. Any single incidental sign shall not exceed one and one-half (1½) square feet. The total amount of incidental signage shall be equal to or less than one (1) square foot of signage for every ten (10) lineal feet of street frontage.

(12)

Lot means the area of ground the establishment or residence customarily or ordinarily uses for conducting business or residing upon.

(13)

Nonconforming signs means signs which were lawfully constructed prior to the enactment of this Code, but which do not comply with the provisions of this Code. Nonconforming signs must be maintained as required in Section 16-7-90.

(14)

Off-premises or off-site sign means an advertising device which does not meet nor comply with the definitions of an on-premises or on-site sign.

(15)

On-premises or on-site sign means an advertising device advertising activities conducted on the property on which it is located or advertising the same or lease of the property on which it is located.

(16)

Permanent structure means buildings, sign structures, utility poles and similar devices which are structurally bound and designed to remain continuously in place. Trees, shrubbery and other natural vegetation shall not be considered as permanent structures. All permanent structures must be located on private property.

(17)

Political sign means a sign relating to public election that does not exceed thirty-two (32) square feet per face in area, provided that such sign shall not be posted more than forty-five (45) days prior to the election to which the sign relates and shall be removed within fifteen (15) days after the election to which the sign relates.

(18)

Prohibited activities signs means signs located on a property posting said property for warning or prohibition, such as "No hunting" or "No swimming." Such signs shall be no larger than three (3) square feet and not spaced closer than twenty (20) feet to each other.

(19)

Public phone sign means a sign less than three (3) square feet per face (maximum of two (2) faces) identifying the phone's location and limitation to the word "phone" and/or an illustration of a phone.

(20)

Public signs means signs required or specifically authorized for a public purpose by any law, statute or ordinance, which may be of any type, number, area, height above grade, location, illumination or animation required by the law, statute or ordinance under which the signs are erected.

(21)

Quasi-commercial sign means a sign within a residentially zoned property which identifies a permitted use within such zoning district and which is not used for the purpose of advertising, identifying or announcing any commercial product, good, establishment, facility or service (e.g., Riverside Church, Boy Scouts of America, Moose Lodge). Quasi-commercial signs are subject to review as required in Section 16-7-80.

(22)

Real estate sign means a sign on the offered property of not more than six (6) square feet per face for residential and thirty-two (32) square feet per face for commercial and industrial property which advertises for sale, rental or lease of the premises or property upon which said sign is located.

(23)

Religious or ideological sign means a sign which conveys one's view on worship, ethics, philosophy of life or similar beliefs. Religious or ideological signs do not include political signs, which are addressed elsewhere in this Section.

(24)

Residential complex or subdivision identification sign means an on-site sign not exceeding a total of thirty (30) square feet for subdivisions located on local or collector designated roadways, or not exceeding a total of fifty (50) square feet for subdivisions located on major or minor arterial designated roadways. Only one (1) residential complex identification sign is permitted for each driveway or roadway which provides public access to the residential complex.

(25)

Roof sign means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the parapet of a building with a flat roof, or above the peak of the roof of that portion of the roof on which the sign is placed.

(26)

Sign means any outdoor advertising device, display, figure, painting, drawing, message, placard, poster, billboard, structure or any other contrivance designed, intended or used to advertise or to give information in the nature of advertising and having the capacity of being seen from the travel way of any road, street, highway or other public right-of-way.

(27)

Sign area means the portion of any wall which is covered by one (1) or more signs.

(28)

Sign cabinets means individual modules or panels containing signage supported by the same structural elements and separated by an air space, excluding necessary supports.

(29)

Special signs means signs such as counter balance, sandwich boards, A-frames and similar devices. Special signs are allowed in addition to other signage provided that the following criteria are met:

a.

No more than one (1) special sign shall be allowed for each street frontage.

b.

The total area per face of any one (1) special sign is limited to sixteen (16) square feet.

c.

Special signs must be maintained as required in Section 16-7-90.

d.

Special signs shall not be allowed to be placed on public rights-of-way.

(30)

Street frontage means that part of a lot which adjoins any public right-of-way, excluding alleys.

(31)

Temporary signs means signs such as banners, pennants and balloons which are customarily used to identify grand openings, open houses, special sale events and similar activities. Any such sign shall be allowed for a maximum period of thirty (30) days in any calendar year.

(32)

Wall means the exterior face of any building, including but not limited to, mansards, parapets, doors and similar architectural features, excluding windows, which have the capability of being seen from the public right-of-way. For the purpose of calculating the maximum allowable sign areas, sections of walls which have varying angles from adjoining sections shall be considered separate walls.

(33)

Window signs include any type of sign that is painted or attached to or within twelve (12) inches of any exterior window. There are two (2) categories of window signs:

a.

Temporary window signs are the type of sign placed in a window which customarily advertises special sales or events. Temporary window signs are allowed for a maximum period of ten (10) consecutive days.

b.

Permanent window signs are signs such as neon logos, marquis and similar devices which customarily advertise a brand name and more or less remain displayed year-round.

Window signs are allowed in addition to other signage provided that no more than fifty percent (50%) of any window on any building is covered by signage.

(Ord. 1-02, 2002; Ord. 2022-07, 2022, § 1)

(a)

Signs located in the Interstate 76 zone located between Broadway and CR 18 along Market Street for one (1) block west, and one (1) block east.

(1)

Prior to installation or erection of any sign structure, a building permit must be secured from the Town. Fees shall be charged in accordance with the fees established for commercial building permits.

(2)

The maximum total surface area, including border and trim of all signs on any lot, shall not exceed two (2) square feet multiplied by the number of lineal feet of the street frontage of the lot, not to exceed one thousand five hundred (1,500) square feet. Within this maximum total surface area for a lot, the maximum total area of any one (1) sign shall be seven hundred eighty (780) square feet.

(3)

No on-premises free standing sign may exceed fifty (50) feet above the highest grade of I-76 in height.

(4)

The maximum sign area permitted for any wall sign shall not exceed twenty five percent (25%) of the area of such wall or one hundred twenty-five (125) square feet.

(5)

No more than one (1) freestanding or ground sign shall be permitted for any lot or parcel consisting of more than one (1) lot if several lots are combined to form a single building site.

(6)

No variances will be granted for the Interstate 76 zone. All signage requirements must be met.

(b)

Signs in Commercial (C) and Industrial (I) Zoning Districts. One (1) or more signs, fixed to buildings or freestanding, may be located on any lot in all Commercial and Industrial Zoning Districts subject to the following limitations:

(1)

Prior to the installation or erection of any sign structure, a building permit must be secured from the Town. Fees shall be charged in accordance with the fees established for commercial building permits.

(2)

The maximum total surface area, including border and trim of all signs on any lot, shall not exceed two (2) square feet multiplied times the number of lineal feet of the street frontage of the lot, not to exceed three hundred (300) square feet.

(3)

The maximum total area per face of any one (1) sign shall not exceed one hundred twenty-five (125) square feet. Additional signs erected on the same support structure shall not exceed fifty (50) square feet each per cabinet. No more than four (4) individual cabinets per sign structure shall be permitted.

(4)

No on-premises freestanding sign, including border and trim, shall be higher than twenty-five (25) feet above the surrounding ground level.

(5)

The maximum sign area permitted for any wall sign shall not exceed twenty-five percent (25%) of the area of such wall or one hundred twenty-five (125) square feet.

(6)

No more than one (1) freestanding or ground sign shall be permitted for any lot or parcel consisting of more than one (1) lot if several lots are combined to form a single building site.

(7)

Special permits for exceptions to Subsections (2), (3), (4) and (5) above may be granted by the Board of Trustees as permitted by Section 16-7-80.

(c)

Signs in Residential Zoning Districts. One (1) or more signs, fixed to buildings or freestanding, may be located on any lot or parcel consisting of more than one (1) lot if several lots are combined to form a single building site and may be located in the Residential Districts subject to the following limitations:

(1)

Prior to the installation or erection of any sign structure, a building permit must be secured from the Town. Fees shall be charged in accordance with the fees charged for residential building permits.

(2)

Signs which are defined as Commercial Sign-Residential Zone, may be located within residentially zoned property, but shall not exceed sixteen (16) square feet per face.

(3)

Signs which are defined as Community Facility Signs may be located within residential zone districts.

(4)

Quasi-commercial signs may be located within residentially zoned property, but shall not exceed sixteen (16) square feet per face.

(d)

Signs in Planned Unit Development (PUD) Zoning Districts. One (1) or more signs, fixed to buildings or freestanding, may be located on any lot in all PUD zoned districts, subject to the following limitations:

(1)

Prior to the installation or erection of any sign or sign structure, a building permit must be secured from the Town. Fees shall be charged in accordance with the fees charged for PUD building permits.

(2)

All signs located in PUD zoned districts are subject to review as required in Section 16-7-80. Signs which are reviewed in conjunction with the final plan review process required for PUD approvals shall be considered as complying with the aforementioned review process.

(Ord. 1-02, 2002; Ord. 2022-07, 2022, § 2)

(a)

The design and construction of signs in all zoning districts are subject to the following requirements:

(1)

Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this Section. Bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs supported on buildings, the dead and lateral loads shall be transmitted to the ground in a manner so as to avoid overstressing the elements of the structural frame. The overturning moment produced by lateral forces shall not exceed two-thirds (?) of the dead-load resisting moment. Uplift due to overturning shall be resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

(2)

Signs and sign structures shall be designed and constructed to resist wind forces as specified in Chapter 23 of the Building Code, as amended.

(3)

Signs and sign structures shall be designed and constructed to resist seismic forces as specified in Chapter 23 of the Building Code, as amended.

(4)

Wind and seismic loads need not be combined in the design of signs or sign structure; only the loading producing the larger stress need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with wind or seismic loads.

(5)

The design of wood, concrete, steel or aluminum members shall conform to the requirements of Chapters 25, 26, 27 and 28 of the Building Code, as amended. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in Chapter 29 of the Building Code, as amended. The working stresses of wire rope and its fastenings shall not exceed twenty-five percent (25%) of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in Chapter 23 of the Building Code, as amended.

(b)

Construction.

(1)

Supports for signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this Code.

(2)

The following Uniform Building Code standards are part of this Code. The other standards listed are not adopted as part of this Code and are guideline standards, compliance with which is prima fascia evidence of compliance with the standard of duty to design and construct signs which are reasonably safe for persons and property.

a.

Uniform Building Code Standard No. 4-1, Noncombustible Material Test.

b.

Uniform Building Code Standard No. 27-1, Material Specification for Structural Steel. Uniform Building Code Standard No. 27-9, Specification for the Design of Cold-Formed Structural Members.

c.

Uniform Building Code Standard No. 42-1, Test Method for Surface Burning Characteristics of Building Materials. Uniform Building Code Standard No. 52-2, Chamber Method of Test for measuring the Density of Smoke from Burning or Decomposition of Plastic Materials.

d.

ASTM D 1929-68 (1975), Ignition Properties of Plastics. ASTM D 635-74, Method for Determining Classification of Approved Light Transmitting Plastics.

(3)

Materials utilized for signs and sign structure shall be of the quality and grade as specified for buildings in the Building Code. In signs and sign structures the materials and details of construction shall, in the absence of specified requirements, conform with the following:

a.

Structural steel shall conform with Uniform Building Code Standard No. 27-1. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of cold formed steel as specified in Uniform Building Code Standard No. 27-9 and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than 0.024 inches thick. When not formed integrally with the display surface, the minimum thickness of hot rolled steel members furnishing structural support for signs shall be one-quarter (¼) inch, except that if galvanized such members shall be not less than one-eighth (⅛) inch thick. Steel pipes shall conform with Uniform Building Code Standard No. 27-1. Steel members may be connected with one (1) galvanized bolt, provided the connection is adequate to transfer the load to supporting members.

b.

Anchors and supports of wood embedded in the soil, or within six (6) inches of the soil, shall be all heartwood of a durable species or shall be pressure treated with an approved preservative. Such members shall be marked or branded by an approved agency.

(4)

Freestanding or ground signs may be constructed of any material meeting the requirements of this Code. All other signs shall be constructed of noncombustible materials, except that nonelectric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction. Combustible materials other than approved plastics shall not be used in the construction of electric signs.

(5)

Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or a combination thereof.

(6)

Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either the horizontal or vertical directions shall not exceed the safe values. Braced ground signs shall be anchored to resist specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force twenty-five percent (25%) greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.

a.

Portable ground signs supported by frames or posts rigidly attached to the base shall be proportioned so that the weight and size of the base will be adequate to resist the wind loads specified in this Chapter.

b.

Signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. Wooden blocks or plugs or anchors with wood used in connection with screws or nails shall not be considered to provide anchorage, except for signs attached to wood framing.

c.

The anchorage or support of a sign shall not be connected to, or supported by, an unbraced parapet wall, unless the wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the Building Code.

(7)

Display surfaces of signs may be made of metal, glass or approved plastics. Glass thickness and area limitations shall be as set forth in the following table:

___________

___________

Sections of approved plastics on wall signs shall not exceed one hundred twenty-five (125) square feet in area. Sections of approved plastics on wall signs shall be separated three (3) feet laterally and six (6) feet vertically by required exterior wall construction.

EXCEPTION: Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the Building Official.

(8)

Substantiating data shall be submitted to the Building Official to justify the proposed use of plastic materials; if it is determined that the evidence submitted is satisfactory for the use intended, the use may be approved.

(c)

Projection clearance.

(1)

Signs shall conform to the clearance and projection requirements of this Section.

(2)

Signs shall be located not less than six (6) feet horizontally or twelve (12) feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. The term overhead conductors as used in this Section means an electrical conductor, either bare or insulated, installed above the ground, except when conductors are enclosed in iron pipe or other approved material covering of equal strength.

(3)

Signs or sign structures shall not be erected in such a manner that a portion of their surface or supports will interfere with the free use of any fire escape, exit or standpipe.

(4)

Signs shall not obstruct openings to the extent that light or ventilation is reduced to a point below that required by the Uniform Building Code. Signs erected within five (5) feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.

(5)

Signs or sign structures shall not project into public rights-of-way or alleys.

(6)

Signs shall not project within two (2) feet of the curb line or the right-of-way line.

(7)

Clearance above driveways, parking lots and pedestrian ways:

a.

Signs shall not project over driveways, parking lots or similar areas of vehicular travel below a height of fourteen (14) feet above grade.

b.

Signs shall not project over pedestrian ways below a height of eight (8) feet above grade.

(d)

Electrical signs. Electric signs shall be constructed of noncombustible material, except as provided in this Section.

(1)

The enclosed shell of electric signs shall be watertight, except that service holes fitted with covers shall provide access into each compartment of the sign.

(2)

Electrical signs and equipment used in connection with such signs shall be installed in accordance with local ordinances regulating electrical installations and the electrical components used shall bear the label of an approved agency.

(3)

Electric signs shall have the name of the sign erector and date of erection included on the surface of the sign. The name and date shall be of sufficient size and contrast to be readable from a reasonable distance.

(e)

Special and temporary signs. Special and temporary signs shall be supported and attached in such a manner to prevent any sign or portion, member or appurtenance thereof from becoming detached or dislodged, or to collapse and thereby injure persons or damage property.

(Ord. 1-02, 2002)

The following signs shall be prohibited in all zoning districts:

(1)

Mechanical or electrical appurtenances, such as "revolving beacons" which are obviously designed just to compel attention;

(2)

Flashing red, green or amber signs located within one hundred (100) feet of an intersection;

(3)

Any sign or portion of a sign that utilizes an exposed incandescent or high intensity lamp, with the exception of Neon, in such a fashion as to project light directly onto adjoining property or right-of-way;

(4)

Off-premises advertising device. Any stationary sign or other device which advertises a business establishment, good, facility, service or product which is not sold or conducted on the premises on which the sign or device is located.

(5)

Roof sign.

(6)

Advertising signs in public right-of-way.

(7)

Signs attached to utility poles, traffic sign poles or any other sign causing a traffic hazard.

(Ord. 1-02, 2002)

The following signs are exempt from permit requirements as established in Sections 16-7-30 and 16-7-40:

(1)

Address signs.

(2)

Commemorative signs.

(3)

Community event signs.

(4)

Community Facility Signs.

(5)

Contractor signs.

(6)

Directional on-site signs.

(7)

Flag, pennant or insignia.

(8)

Holiday decorations.

(9)

Incidental signs.

(10)

Political signs.

(11)

Prohibited activities signs.

(12)

Public phone signs.

(13)

Public signs.

(14)

Real estate signs.

(15)

Religious or ideological signs.

(16)

Residential complex or subdivision identification signs not exceeding thirty (30) square feet for subdivisions located on local or collector designated roadway. Residential complex or subdivision identification signs not exceeding fifty (50) square feet for subdivisions located on a major or minor arterial designated roadway.

(17)

Special signs not exceeding sixteen (16) square feet.

(18)

Temporary signs.

(19)

Window signs.

(Ord. 1-02, 2002; Ord. 2022-07, 2022, § 3)

A legal nonconforming sign may continue to exist unless one (1) or more of the following conditions occurs:

(1)

The sign is damaged to an extent of more than fifty percent (50%) of its total replacement value.

(2)

Copy area on the sign is increased in size. For the purpose of this Section, copy does not include the background panels; however, the total area of the sign which contains advertising, messages, script, logos or similar coverage shall be included in determining the size of the copy area.

(3)

The goods or services of a business which are identified by the sign are no longer provided on the premises and have not been provided for one hundred twenty (120) consecutive days or more.

(Ord. 1-02, 2002)

Special permits for exceptions to size, height, location and quantity of signs or for special and temporary signs may be granted provided all of the following criteria are met:

(1)

A written request for a variance from this Chapter is filed with the Town Clerk. The Board of Trustees shall set a public hearing prior to granting or denying a request for a special permit. No special permit, pursuant to this Section, shall be granted unless the Board of Trustees finds that:

a.

Such sign is found to be compatible with the surrounding area;

b.

Such sign is found to be harmonious with the character of the area;

c.

Such sign shall not adversely affect the immediate area;

d.

Such sign shall not adversely affect the future development of the area;

e.

Due to the proposed geographical location of such sign or other physical situation of the land or building, practical difficulty or unnecessary hardship which has not been self-imposed would deprive the owner/tenant of the property of the reasonable use of signs as a means of advertising;

f.

An undue concentration of signage is not created by the granting of an exception to the limitations established by this Code; and

g.

The purpose and intent of this Code is maintained.

(2)

If a special permit is granted for a sign, then the work on such sign for which the special permit applies must be commenced within three (3) months of the approval and completed within six (6) months. No extension of time may be granted. Limitations may be placed on the granting of the special permit for the sign, including limitations as to location, size, which varies from the requirements of this Code, the duration for which the sign is allowed, including limiting the sign to a specific number of years or requiring re-application after a period of years.

(Ord. 1-02, 2002; Ord. 2012-04, 2012, §36)

All signs must be maintained in good structural and visually attractive condition at all times, and kept neatly painted, including all structural supports and metal trim. Components of signs which are made of rust-resistive materials need not be painted; however, such components must be maintained in good condition. For the purpose of Section 16-7-20, the definition of sign includes all necessary supports, brackets, framework, structural components and similar equipment whether or not an actual sign is attached or in place.

(Ord. 1-02, 2002)

It is unlawful for any person, partnership, corporation or their agent, either as owner, lessee, tenant or occupant of any lot or land within the Town, to allow any sign or portion of a sign to exist which is dilapidated or hazardous.

(Ord. 1-02, 2002)

Any of the following conditions shall raise the presumption that a sign is dilapidated or hazardous:

(1)

Whenever any sign or portion, member or appurtenance thereof is likely to fail, to become detached or dislodged or to collapse and thereby injure persons or damage property.

(2)

Whenever any sign or portion thereof, because of obsolescence, deterioration, damage, decay, inadequate maintenance or any other reason is in such a condition as to constitute a public nuisance.

(3)

When any sign or portion thereof exhibits visually obvious conditions of poor maintenance such as, but not limited to, the lack of paint applied in a neat, workmanlike manner, faded, broken or missing panels or general deterioration.

(4)

Whenever any sign or portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe.

(Ord. 1-02, 2002)

Whenever an apparent violation of this Chapter is observed by an enforcement official of the Town, the official must cause a written notice to be served upon the person in possession, control or ownership of the property in question. Such notice must include:

(1)

The location of the violation sufficient for identification of the sign involved.

(2)

A statement that the official has found the sign to be in violation of this Section and a brief description of the conditions found to render the sign as such.

(3)

A statement of the action required to be taken to bring such sign into compliance.

(4)

A statement advising that if any required repair or demolition is not completed within the time specified, the enforcement official will order the removal of the sign, with the cost of removal to be levied against the property involved and/or made a personal obligation of the property owner.

(5)

A statement advising that any person having legal interest in the sign or property involved may file a written request for a hearing before the Board of Trustees within ten (10) days after receipt of notice.

(Ord. 1-02, 2002)

The notice required by Section 16-7-120 shall be by first class mail, postage prepaid, to the address of the owner of the real estate and/or person in possession, control or ownership of the property in question, or personally served upon such individual by the enforcement official.

(Ord. 1-02, 2002)

The persons to whom notices are directed may file a written request for a hearing before the Board of Trustees within ten (10) days after receipt of the notice. Receipt shall be presumed three (3) days after mailing.

(Ord. 1-02, 2002)

The hearing shall be held as soon as practicable after the filing of the request and no later than forty-five (45) days after filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of such hearings at least five (5) days in advance thereof.

(Ord. 1-02, 2002)

If the violation described in the notice has not been remedied within the period of compliance or in the event that a notice requesting a hearing is timely filed, a hearing is held, and the existence of the violation is affirmed by the Board of Trustees, the enforcement official shall cause the removal of the sign. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person or persons to enter upon private property for the purpose of removing a sign under provisions of this Chapter.

(Ord. 1-02, 2002)

(a)

In the event any sign found to be in violation of the provisions of this Chapter is removed and disposed of by the order of the administrative authority, the total cost of removing and disposing of such sign shall be paid to the Town Clerk within thirty (30) days after mailing by the Town Clerk to the owner of such property, by first class mail, postage prepaid, notice of assessment of such cost.

(b)

Failure to pay such assessment within such period of thirty (30) days shall cause such assessment to become a lien against such property, and shall have priority over all liens, except general taxes and prior special assessments, and the same may be certified, at any time after such failure to so pay the same within thirty (30) days, by the Town Clerk to the County Treasurer, to be placed upon the tax list for the current year, to be collected in the same manner as other taxes are collected, and/or such costs may be made a personal obligation of the property owner.

(Ord. 1-02, 2002)

The administrative authority is authorized and directed to administer and enforce all of the provisions of this Chapter.

(Ord. 1-02, 2002)

Upon presentation of proper credentials, the administrative authority or agents of the Town may enter upon any property, vacant lots or premises in the Town to perform any duty imposed by this Chapter.

(Ord. 1-02, 2002)

Every person convicted of a violation of the provisions stated or adopted in this Chapter shall be punished by a fine as set forth in Section 1-4-20 of this Code. In addition, the Court shall order the defendant to remove such sign within thirty (30) days and, if the defendant fails to do so, the Town may remove such sign and charge to the property owner its costs, plus ten percent (10%) for inspection, administration and other incidentals.

(Ord. 1-02, 2002)