Chapter 16.13
ADMINISTRATION AND ENFORCEMENT

Sections:

16.13.010    Responsibility.

16.13.020    Community development director’s authority.

16.13.030    Removal of dangerous sign.

16.13.040    Right of entry.

16.13.050    Civil violations.

16.13.060    Criminal penalty.

16.13.070    Notice of sign code violation.

16.13.080    Appeal from notice of sign code violation.

16.13.090    Penalty for violations.

16.13.100    Public nuisance.

16.13.010 Responsibility.

The ultimate responsibility for any sign shall be borne by the legal owner of the property where the sign is located. The community development director may require, when necessary, that the property owner or agent be party to, or applicant for, a sign permit. (Ord. 1488-03 § 1, 2003).

16.13.020 Community development director’s authority.

The community development director is authorized and directed to be the administrator of this chapter, to make necessary interpretations subject to appeal to the hearing examiner, and to process all required permits. The community development director is authorized and directed to enforce all provisions of this chapter. (Ord. 1593-06 § 44, 2006; Ord. 1488-03 § 1, 2003).

16.13.030 Removal of dangerous sign.

If the community development director finds that any sign is dangerous to public safety, action may be taken immediately, and without notification to the sign owner, to remove the sign. (Ord. 1488-03 § 1, 2003).

16.13.040 Right of entry.

When it is necessary to make an inspection of a sign or business to enforce any of the provisions of this chapter, or when the community development director has reasonable cause to believe that an illegally located sign exists or a condition exists which makes a sign unsafe, the community development director may enter the premises or building where the sign is located to perform any duty imposed by this chapter. If the building or premises where the sign is located is occupied, a reasonable effort will be made to locate the owner or other persons having charge or control of the building or premises and request entry.

A. If such entry is refused, the community development director shall have recourse to every remedy provided by law to secure entry, including procurement of a search warrant.

B. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made and a warrant is provided, to properly permit entry therein by the community development director for the purpose of inspection and examination pursuant to this chapter. (Ord. 1488-03 § 1, 2003).

16.13.050 Civil violations.

Unless otherwise provided, any person violating any provision of this chapter or who fails to comply with any of the requirements of this chapter, as are now in effect or as they may be amended, shall have committed a civil violation. (Ord. 1488-03 § 1, 2003).

16.13.060 Criminal penalty.

Any person violating or failing to comply with any of the provisions of this code and who has a civil penalty entered against him pursuant to FMC 16.13.050 within the past five years shall be guilty of a misdemeanor. Each day of noncompliance with any of the provisions of this code shall constitute a separate offense. (Ord. 1488-03 § 1, 2003).

16.13.070 Notice of sign code violation.

The community development director, or an authorized designee, acting in the capacity of enforcement officer, shall issue a notice of sign code violation directed to the person who the community development director has determined to be in violation of any provision in this chapter.

The notice of sign code violation shall contain the following:

A. Name and address of the person to whom the notice is addressed;

B. Street address, parcel number, or other description sufficient for identification of the premises upon which the violation occurred or is occurring;

C. A statement that the community development director has found the premises and the person named to be in violation of this chapter, with a brief and concise description of the facts or conditions that made the sign in violation of this chapter;

D. A statement of any action required to be taken as determined by the community development director. If the community development director has assessed a civil penalty, the order shall require that the penalty shall be paid within 10 days from the date of receipt of the notice; and

E. A statement advising the person named in the violation that they may appeal from the notice of sign code violation or from any action of the community development director to the hearing examiner; provided, that the appeal is made in writing on a form provided by the community development department, an appeal fee is paid, and the appeal is filed within 14 days from the date of receipt of the notice of sign code violation. Failure to appeal to the hearing examiner within the 14-day period shall constitute a waiver of the right to appeal. The notice of sign code violation shall be served upon the person named in the order either personally or by mailing the copy of the notice. If the notice is mailed, it shall be sent regular mail and certified mail, return receipt requested, to the person named in the notice at their last known address. (Ord. 1593-06 § 45, 2006; Ord. 1532-05 § 1, 2005; Ord. 1488-03 § 1, 2003).

16.13.080 Appeal from notice of sign code violation.

The hearing examiner is designated to hear appeals filed under FMC 16.13.070. The hearing examiner may adopt reasonable rules and regulations for conducting such appeals. Any person may, within 14 days after receipt of a notice of sign code violation, file with the city clerk a written notice of appeal on a form provided by the city of Fife. (Ord. 1751 § 1 (Exh. A), 2011; Ord. 1593-06 § 46, 2006; Ord. 1532-05 § 2, 2005; Ord. 1488-03 § 1, 2003).

16.13.090 Penalty for violations.

Any violation of the provisions of this title shall subject the offender to a civil penalty of up to $100.00 for each of the first five days that a violation exists and up to $500.00 for each subsequent day of violation from the sixth day of the violation. The civil penalty constitutes a personal obligation of the person to whom the notice of sign code violation is directed. The debt shall be collectible in the same manner as any other civil debt owing to the city. The city shall be entitled to recover its attorneys’ fees and costs if litigation is necessary to collect the civil penalty. Payment of any monetary penalty in accordance with this chapter shall not relieve any person of the duty to correct the violation as set forth in the applicable notice of sign code violation. (Ord. 1532-05 § 3, 2005; Ord. 1488-03 § 1, 2003).

16.13.100 Public nuisance.

In addition to the civil and criminal penalties of this chapter, a violation of this title shall constitute a nuisance and shall be subject to Chapter 8.04 FMC, Nuisances. (Ord. 1532-05 § 4, 2005; Ord. 1488-03 § 1, 2003).