§ 27-725. Maintenance.

(a)

Generally.

(1)

All signs and sign structures are subject to the property maintenance code (Unified Government Code chapter 8, article VIII) and shall:

a.

Be of sound structural quality,

b.

Be maintained in good repair,

c.

Painted, where applicable (galvanized metals, aluminum and stainless steel portions of signs need not be painted),

d.

Have a clean and neat appearance, and

e.

Have adjacent land kept free from debris, weeds and trash.

(2)

No portion of any sign structure or sign surface shall be permitted to become insecure or otherwise unsafe.

(3)

Sign surfaces shall be maintained free of peeling paint and torn paper.

(4)

All signs shall be free of broken or bent structures.

(5)

Any lot or premises in the vicinity of a sign shall be kept clean, sanitary, inoffensive, and free of all noxious substances, including the removal of snow from the sidewalk and curb front abutting the sign's lot or parcel. If the grade at the base of the sign is altered, proper drainage for surface water shall be provided.

(6)

The building official may order the signs to be removed if they are not maintained as described and become a public safety hazard or nuisance.

(b)

Abandonment/failure to maintain.

(1)

If a sign is abandoned, or is not reasonably maintained for a period of 3 months, the building official shall proceed against the property owner by appropriate legal remedy to obtain compliance with the requirements of this section.

(2)

The building official shall not approve subsequent sign permits by the owner of record of any sign that remains in violation of this section.

(c)

Obsolete signs.

(1)

A sign shall be removed within six months after it is no longer used. A sign is no longer used when:

a.

The business the sign advertises has closed; or

b.

The property on which the sign is located has been vacant or unoccupied for at least 180 consecutive days.

(2)

For purposes of determining when the business closes, the department shall consider:

a.

The date that the business vacated the premises, discontinued sales, or moved its inventory off the premises, or

b.

If the events listed in subsection a cannot be determined, the date of closing as reported to the:

1.

Unified government clerk for purposes of ceasing payment of sales or occupation taxes, or

2.

Kansas Department of Revenue, notice of business closure form, or

3.

The date of business closing as reported to the Kansas Department of Labor, or

4.

The dissolution, cancellation or withdrawal of a business entity as reported to the Kansas Secretary of State, or

5.

The date at which its business occupation tax permit expired.

(3)

If the obsolete sign is a pole sign, the entire sign (including the pole, face, and other elements of the structure) shall be removed. However, if the sign is a monument or wall sign, only the sign face need be removed or covered.

(4)

The property owner is responsible for removing the sign.

(5)

This subsection does not prevent the maintenance, repainting, or posting of legally established signs.

(d)

Unsafe signs. If any sign becomes unsafe or in immediate danger of falling, the building official will give notice directing that the emergency defect be corrected within 48 hours.

(Ord. No. O-35-16 , § 1, 6-30-2016)