§ 27-737. Enforcement.

(a)

Generally.

(1)

No sign regulated under this division shall be installed, erected, or maintained in violation of the provisions of this division.

(2)

Signs in violation of this division are enforceable as provided in section 27-343, 27-344, and this section.

(b)

Notice of violation.

(1)

If a sign fails to meet the requirements of this division, the building official shall cause a notice to be sent to:

a.

The owner of record of the tract or building upon which the sign is situated, and

b.

For billboards, to the permit holder of the sign, by certified mail, return receipt requested.

(2)

The notice shall inform the owner or permit holder of the location of the sign and the nature of the violation.

(3)

The owner or permit holder has ten days from receipt of the notice in which to correct the violation. For good cause shown, the building official may extend the time for compliance.

(4)

Any owner or permit holder failing to timely correct the violation is subject to penalty as set forth in section 1-8 of the Unified Government Code. The building official shall not issue building permits for new signs to any person who is in violation of the provisions of this division.

(c)

Removal of signs on public property.

(1)

Signs posted or otherwise affixed to or on any of the following, or as described below, are unlawful and in violation of this division and are subject to immediate removal without notice. Any signs removed under this subsection will be held for ten days and, if not claimed within that time, will be disposed of:

a.

Any public building or any public bridge;

b.

Any sidewalk, crosswalk, or curb;

c.

Any public right-of-way;

d.

Any paved portion of any street or highway;

e.

Any median strip of any divided street or highway;

f.

Any street sign or on any traffic sign or signal or any railroad sign or signal;

g.

Any telegraph, telephone, electric light, power, or any other utility pole or any fire hydrant;

h.

Any tree on public property, including those in the public right-of-way;

i.

Any public park;

j.

In a manner that may cause a reduction in intersection sight distances or create any other hazard to life or safety;

k.

In a manner which obstructs clear vision of any road or railroad intersection; or

l.

In a manner which obstructs any authorized traffic control device.

(2)

This subsection does not apply to signs erected by, on behalf of, or pursuant to the authorization of a governmental body, including identification, informational, traffic, directional, or regulatory signs.

(d)

Failure to maintain. The unified government may declare a sign that is not properly maintained as provided in section 27-725 a nuisance, and seek abatement as provided in K.S.A. 12-1617e.

(Ord. No. O-35-16 , § 1, 6-30-2016)