Chapter 27.12 ADMINISTRATION, NONCONFORMING SIGNS, AND ENFORCEMENT

Chapter 27.12
ADMINISTRATION, NONCONFORMING SIGNS, AND ENFORCEMENT

Sections:

27.12.010 Administration and inspection.

A. Administration. The sign code administrator shall be the community development director or designee. The sign code administrator is authorized and directed to enforce and carry out all provisions of this code, and for that purpose is authorized to formulate, adopt, and enforce rules, regulations, and procedures consistent with the purposes and requirements of this code.

B. Inspection. The sign code administrator may, with the consent of the occupant or owner, or pursuant to a lawfully issued warrant, enter or inspect any building, structure, or premises in the city, upon which, or in connection with which, a sign, as defined by this code, is located, for the purpose of inspection of the sign, its structural integrity, and to ensure compliance with the provisions of this code. [Ord. 3-89; Ord. 31-03; Ord. 08-19 § 6].

27.12.020 Nonconforming signs.

A. Signs Eligible for Characterization as Legal Nonconforming. Any sign located within the city limits on the date of adoption of the ordinance codified in this title, or located in an area annexed to the city thereafter, which does not conform with the provisions of this code, shall be considered a legal nonconforming sign and is permitted, provided it also meets the following requirements:

1. The sign was covered by a sign permit on the date of adoption of the ordinance codified in this title if one was required under applicable law; or

2. If no sign permit was required under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of the ordinance codified in this title.

B. Loss of Legal Nonconforming Status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if:

1. The sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance) which makes the sign less in compliance with the requirements of this code than it was before the alteration; or

2. The sign is relocated; or

3. The sign is replaced.

On the occurrence of any of subsection (B)(1), (2), or (3) of this section, the sign shall be immediately brought into compliance with this code and a new permit secured therefor, or shall be removed.

C. Maintenance and Repair of Legal Nonconforming Signs. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this code regarding safety, maintenance, and repair of signs. [Ord. 3-89].

27.12.030 Enforcement.

A. Code Violations and Enforcement. The remedies provided in this section for violations of or failure to comply with provisions of this code shall be cumulative and shall be in addition to any other remedy provided by law. Any sign that is not in compliance with all the provisions of this code is an unlawful sign and declared to be a public nuisance.

B. Penalties – Order to Remove. The violation of or failure to comply with any of the provisions of this code, or the construction, use, or display or the allowing of the construction, use, or display of any sign not in compliance with all the provisions of this code, is a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E); and shall be required to remove such sign or take such other action as shall be determined by the court to be necessary to bring such sign into full compliance with the provisions of this code. Each day or portion thereof upon which a violation occurs constitutes a separate offense.

Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC 1.30.010 for criminal offenses.

C. Removal of Unlawful Sign – Summary Abatement.

1. Any sign that has not been removed or otherwise brought into full compliance with all the provisions of this code within the time specified and in accordance with the order of the court may be removed by the city and the costs of such removal charged to the violator. Upon such removal, the city may sell or otherwise dispose of the sign and apply the proceeds toward the costs of removal. Any proceeds in excess of costs of removal shall be paid to the owner of the sign.

2. Signs which the sign code administrator finds upon public streets, sidewalks, rights-of-way, or other public property or which, wheresoever located, present an immediate and serious danger to the public because of their unsafe condition or location may be immediately removed by the sign code administrator without prior notice. Neither the city nor any of its agents shall be liable for any damage to the sign when removed under this section. [Ord. 3-89; Ord. 06-10 § 1.46].