§ 134-342. Enforcement and penalties.

(a)

Enforcement personnel. Unless otherwise specifically provided by resolution of the county board of commissioners, the enforcement of this article shall be within the jurisdiction of the county's code enforcement personnel, including the zoning division manager, the zoning division manager's designees, the community development director, the chief building official, the fire marshal and all law and code enforcement personnel of the county. The enforcement personnel shall have such powers as are to enforce and give effect to this article. With regard to any provision of this article relating to traffic safety or public rights-of-way, the county department of transportation shall also be deemed to be enforcement personnel.

(b)

Violation deemed public nuisance. Any violation of this article is hereby declared to be a public nuisance. Improperly located signs or prohibited signs are hereby determined to pose an immediate safety threat and traffic hazard to members of the pubic traveling on county roadways.

(c)

Removal of signs with notice:

(1)

The enforcement personnel may order the removal of any sign that has been issued a permit and is in violation of this article by written notice, registered mail return receipt requested, to the permit holder. The removal order shall be issued only after the appropriate party fails to comply with the terms of this article within five days after the receipt of written notice of noncompliance by the county or within ten days from the mailing of such notice if no receipt indicating acceptance is returned.

(2)

An aggrieved party may appeal the removal order within ten days from the date the notice was received. Such appeal shall be as provided in section 134-95 or any successor provision. If the sign is not removed within 30 days after the order of removal or 30 days after the date any appeal becomes final, the enforcement personnel are authorized to remove or cause to be removed the sign and to collect the costs thereof as provided in this article.

(d)

Removal of signs without notice. The enforcement personnel or any other agent of the county having jurisdiction under the circumstances may remove or direct the removal of any sign in violation of this article without giving notice to any party, if such sign: (i) is upon the public right-of-way or upon other public property; or (ii) poses an immediate threat to the life or health of any members of the public; or (iii) the sign does not have a permit and is in violation of this article. In the event that enforcement personnel remove or cause to be removed any sign under this section, criminal charges for such violation may be issued to any one or combination thereof of the following: (i) to the owner of the sign; (ii) to the erector of the sign; (iii) to the property owner upon which such illegal sign is located; or (iv) to the person or to the business entity who procured the erection of the sign.

(e)

Charges to legal entity. If the criminal charges shall issue to a legal entity registered to do business in any state, such as a corporation, limited liability company, partnership or the like, then in that case, the citation for such violation may be issued to both the legal entity and any or all of the officers or employees of the legal entity who are culpable of violating this article.

(f)

Evidence in prosecution. Any sign that is removed and confiscated by the enforcement personnel shall constitute evidence in any subsequent prosecution regarding the illegal sign. Each sign that is caused to be removed shall constitute a separate violation of this article.

(g)

Costs of removal. Removal of any sign as provided for in this section shall be without liability to the county, its officers, agents, servants and employees. The permit holder shall be primarily responsible for the costs of removal. If there is no permit holder, then the sign owner shall be responsible. If the sign owner cannot be found or cannot be determined, then the costs of removal shall be the responsibility of the sign erector and/or property owner or any other party that procured the erection of the sign. If payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the enforcement personnel shall certify the amount thereof for collection to the county attorney. Following such removal or repair, the county may collect the costs as provided in this subsection.

(h)

Invalid permits. The enforcement personnel may issue a removal order when it has been determined that a permit was improperly issued, that the permit was issued on the basis of misstatement of fact or fraud, that the sign has not been constructed in compliance with this article or with the specifications of the application or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with this article. If a sign is not removed after receipt of a removal order by the owner of such sign or property, enforcement personnel may institute legal proceedings pursuant to this article against the property owner, sign owner, lessee, sign erector or a combination thereof.

(i)

Civil actions. The enforcement personnel or any individual or entity whose property interests are directly affected may bring a civil action to seek injunctive and other relief to enforce this article.

(j)

Citations. Any violation of this article may be tried upon citations issued by the enforcement personnel pursuant to O.C.G.A. § 15-10-63 and any successor statute. Without limitation, sign erectors, sign owners and such other parties responsible for the violation may be cited for violation of any provisions of this article.

(k)

Penalties.

(1)

Any person who violates any section or provision of this chapter, article VI, after the conviction upon a citation issued to the magistrate court of the county, for the first violation, shall be incarcerated for a period not to exceed 60 days and/or fined $200.00, with the exception of those specific fines imposed in subparagraph (2) of this subsection, and not to exceed the maximum penalty prescribed by O.C.G.A. § 36-1-20, as amended from time to time. If any person is found to be guilty of more than one violation of this chapter, article VI, in any 12-month period the following fines are established:

(i)

Three hundred dollars for the second violation of this chapter in any 12-month period.

(ii)

Six hundred fifty dollars for the third violation of this chapter in any 12-month period.

(iii)

One thousand dollars for the fourth violation and each successive violation of this chapter.

(2)

Any person or business entity who violates the provisions of this article regulating off-premises signs or the provisions of this article regulating TS-NR or TS-R, after the conviction upon a citation issued to the magistrate court of the county, for the first and each successive violation, shall be incarcerated for a period not to exceed 60 days and/or fined $1,000.00, and not to exceed the maximum penalty prescribed by O.C.G.A. § 36-1-20, as amended from time to time.

(l)

Prosecutor. The governing authority of the county may provide by separate resolution that a county attorney shall prosecute all citations issued for the violation of this article in accordance with O.C.G.A. § 15-10-66, and any successor statute. Until such time as the governing authority shall enact such a resolution, the solicitor of the state court of the county and his assistants shall prosecute all citations issued for the violation of this article.

(m)

Remedies cumulative. All remedies and penalties specified in this article are cumulative.

(Ord. of 1-9-90, § 11; Ord. of 2-25-92, § 11(C), (D), (F), (G), (J); Ord. of 2-14-95, § 14; Ord. of 1-26-99; Ord. of 2-8-00; Ord. of 1-22-02; Ord. of 9-24-02; Ord. of 7-8-03; Ord. of 7-25-06; Amd. of 7-22-14; Amd. of 7-26-16)