0386 •
ORDINANCE NO. 386
AN ORDINANCE AMENDING ORDINANCE NO. 213 AND CHAPTERS 18.76
AND 18.88 OF THE JACKSONVILLE MUNICIPAL CODE, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE JACKSONVILLE
CITY COUNCIL, THAT:
Section 1. Ordinance No. 213 and Chapters 18.76 and 18. 88 of the
Jacksonville Municipal Code are hereby amended by adding the following:
"18.76.011 Permits Required. Before any new sign shall be erected,
a permit shall be secured from the City building inspector. Within six months
of the effective date of this ordinance all existing signs shall be properly
permitted and tagged. There shall be no fee for the initial permitting of
existing signs but all newly constructed and altered signs shall pay a fee and
follow the permit schedule as outlined herein. Anyexisting signs which do
not comply with this title shall be denied a permit unless approved by the
Board of Adjustment and the City Council. All non - complying signs which do
not receive a variance shall be removed immediately after the expiration of
one year except for those signs erected prior to 1969, which shall be removed
immediately after the expiration of three (3) years from the effective date
hereof.
18.76.012 Application for Permit. Application for a permit shall be
made to the Building Inspector upon a form provided by the Building Inspector
and shall be accompanied by such information as may be required to assure
compliance with all appropriate laws and regulations of the city including.
(1) Name and address of owner of the sign.
(2) Name and address of owner or the person in possession
of the premises where the sign is located or to be located.
(3) Clear and legible drawings with description definitely
showing location of the sign which is the subject of the permit
and all other existing signs whose construction requires permits,
when such signs are on the same premises.
(4) Drawings showing the dimensions, construction supports,
sizes, electrical wiring and components, materials of the sign and
method of attachment and character of structural members to which
attachment is to be made. The design, quality, materials and
1
• Page Two
loading shall conform to the requirements of the title, as amended.
If required by the Building Inspector, engineering data shall be
supplied on plans submitted certified by a duly licensed engineer.
18.76.013 Issuance - Denial. The Building Inspector shall issue
a permit for the erection, alteration, or relocation of a sign within the city
when an application therefor has been properly made and the sign complies
with all appropriate laws and regulations of the city.
The Building Inspector may, in writing, suspend or revoke a
permit issued under provisions of this Section whenever the permit is issued
on the basis of a misstatement of fact or fraud. When a sign permit is denied
by the Building Inspector, he shall give written notice of the denial to the ap-
plicant, together with a brief written statement of the reasons for the denial.
18.76.014 Effect of Issuance. No permit for a sign issued hereunder
shall be deemed to constitute permission or authorization to maintain an un-
lawful sign nor shall any permit issued hereunder constitute a defense in an
action to abate an unlawful sign.
18.76.015 Permit Fees. Application for permits shall be filed with
the Building Inspector, together with a permit fee as specified by the Building
Inspector, for each sign in accordance with the following schedule; provided,
however, that the minimum fee for a permit, exclusive of any permit costs
for electrical components, shall be not less than five ($5. 00) dollars for any
sign valued at fifty ($50.00) dollars or less, and not less than ten ($10.00)
dollars for any sign valued at more than fifty ($50.00) dollars. In addition,
when any sign is hereafter erected, placed, installed or otherwise established
on any property prior to obtaining permits as required by this Section, the
fees specified hereunder shall be doubled but the payment of such double fee
shall not relieve any person from complying with other provisions of this
Section or from penalties prescribed herein.
(1) On- premise Signs. All on- premise signs visible from a
public street shall be calculated at a basis of thirty (30) cents a
square foot.
(a) The calculation on a free - standing pole, ground,
monument or any similar or roof sign shall be based only
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on one face of the sign. That calculation shall be based
on the largest fact of the sign.
(b) Facia or wall signs: only one copy area as cal-
culated in this Code shall be included in the above- mentioned
fee.
(2) Off - premise Signs. Off - premise signs shall have a fee
based at five (5) cents a square foot. This fee shall relate to
only one fact of the sign but be calculated on whichever is the
largest exposed face of the sign and shall be based on the total
changeable copy area of the largest face on the off - premise signs
that can be seen at any one given time.
18.76.016 Sign Permit Appeals.
(1) Appeal from denial of permit. Appeal may be taken to the
Board of Adjustment from the Building Inspector's denial of a sign permit.
(2) Appeal from failure of Building Inspector to grant permit
within thirty (30) days. The Building Inspector's failure to either formally
grant or deny a sign application within thirty (30) days of the date an appli-
cation meeting he requirements of this Code is filed shall be rounds for
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appeal to the Board of Adjustment.
18.76.017 Notice of Change of Sign Owner or User. Whenever
there is a change in the sign user, owner, or owner of the property on which
the sign is located, the new sign user, owner, or new property owner shall
forthwith notify the Building Inspector of the change. No new sign permit is
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re uired unless the sig n is altered or relocated.
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18.76.021 The following of signs are expressly prohibited in
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all districts, except as otherwise provided herein:
(1) Animated and Intensely Lighted Signs. No sign shall
be permitted which is animated by means of flashing, scintillating,
blinking or travelling lights or any other means not providing con -
stant illumination (unless specifically permitted in special sign
districts). Public service information signs and other electronic
message centers classified as "changing signs" are permitted.
(2) Miscellaneous Signs and Posters. The tacking, pasting or
otherwise affixing of signs of a miscellaneous character, visible
from a public way, located on the walls of buildings, barns, sheds,
on trees, poles, posts, fences or other structure is prohibited
unless otherwise permitted by this Code.
(3) Moving Signs. Except as otherwise provided in this Code,
no sign or any portion thereof shall be permitted which moves or
assumes any motion constituting a non - stationary or fixed condition
except for the rotation of barber poles, permissible changing signs
or permissible multi -prism units. Indexing multi -prism units must
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not exceed a speed of two complete revolutions every twenty
(20) seconds. This is not meant to prohibit any form of
vehicular signage such as a sign attached to a bus or lettered
on a motor vehicle.
(4) Abandoned Signs. Such business signs that advertise an
activity, business, product or service no longer conducted or
available on the premises on which the sign is located, shall be
prohibited.
(5) Parking of Advertising Vehicles Prohibited. No person
shall park any vehicle or trader on a public right -of -way or
public property or on private property so as to be visible from
a public right -of -way which has attached thereto or located
thereon any sign or advertising device for the basic purpose of
providing advertisement of products or directing people to a
business or activity located on the same or nearby property or
any other premises. This is not intended to prohibit any form
of vehicular signage such as a sign attached to a bus or lettered
on a motor vehicle.
(6) Public Areas. No sign shall be permitted which is placed
on any curb, sidewalk, post, pole, electrolier, hydrant, bridge,
tree or other surface located on public property or over or across
any street or public thoroughfare except as may otherwise expressly
be authorized by this Code.
(7) Banners.
(a) Banners, pennants, search lights, twirling signs,
sandwich board signs, sidewalk or curb signs, balloons or other
gas- filled figures shall not be used on a permanent basis.
(b) Signs described in (a) above will be permitted at the
opening of a new business in a commercial or industrial district
for a total period not to exceed 60 days and will be allowed in
residential districts in conjunction with an open house or model
home demonstration conducted bya realtor for two days before
the opening of such a demonstration to two days after and not to
exceed a total period of thirty (30) days.
(8) Flags. Flags other than those of any nation, state or
political sub- division or corporate flag are prohibited except as
set forth in (b) of (7) above.
(9) Swinging Signs. Swingings signs are prohibited.
(10) "A" Frame Signs. "A" frame or sandwich board, side-
walk or curb signs are prohibited.
(11) Portable Signs. Portable or wheeled signs are prohibited.
This shall not be interpreted to prohibit lettering on motor vehicles
or permissible advertising on buses.
18.76.100 Compliance with Building Code. All signs shall comply
with the appropriate detailed provisions of city Building Code relating to
design, structural members and connections. Signs shall also comply with
the provisions of the applicable Electrical Code and the additional construction
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standards hereinafter set forth in this Section.
18.76. 101 Construction of Signs, Auxiliary Specifications.
(1) Identification and Marking. Each sign hereafter erected
or remodelled shall bear, in a permanent position thereon a clearly legible
identification plate stating the name and address of the owner of the sign,
and the person, firm or corporation responsible for its construction, erec-
tion and the date of erection. Electrical signs shall be marked with input
amperages at the full load input similar to the CSA label or the UL(48).
(2) Sign Identification Tag. Each sign shall have a two by
four inch sticker placed on one of the faces of the sign that identifies the
permit number that was originally issued by the Building Inspector. This
sticker shall be renewed on a bi- annual basis as provided for in this Code.
(3) Obstruction to Exits. No sign shall be erected, constructed
or maintained so as to obstruct any fire escape, required exit, window or
door opening used as a means of egress.
(4) Obstruction to Ventilation. No sign shall be attached in any
form, shape or manner which will interfere with any opening required for
ventilation, except that such signs may be erected in front of and may cover
transom windows when not in violation of the provision of the Building or
Fire Prevention Codes.
(5) Clearance from High Voltage Power Lines. Signs shall be
located in such a way that they maintain horizontal and vertical clearance of
all overhead electrical conductors in accordance with National Electrical
Code Specifications, depending on voltages concerned. However, in no case
shall a sign be installed closer than 24 inches horizontally or vertically from
any conductor or public utility guy wire.
(0 Drainage. The roofs of all marquees exceeding 40 square
feet shall be properly guttered and connected with downspouts to storm
sewers so that water will not drip or flow into public sidewalks or streets.
18.76. 102 Free-Standing Signs = Materials. All free- standing sign
Page Six
.
structures or poles shall be self - supporting structures erected on and per-
,
manently attached to concrete foundations. Such structures or poles shall
be fabricated only from painted steel or such other materials as maybe
approved by the Building Code of the city.
18.76. 103 Electric Signs. All electric signs shall be approved and
labeled as conforming to the standards of the United States Bureau of Stand-
ards, the Underwriters' Laboratories, Inc., the Canadian Standards Associa-
tion (CSA), or other similar institutions of recognized standing. The full
number of illuminating elements thereof shall be kept in satisfactory working
condition or immediately repaired or replaced. Signs that are only partially
illuminated shall meet all electrical requirements for that portion directly
illuminated. All electric signs shall have a disconnecting switch located in
accordance with the provisions of the Safety Code.
18.76. 104 Glass. When lass is used for sign letters or transparent
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nels it shall be at least double strength thickness for sign areas u
penels, g g up to and
including 300 square inches. When glass is used for sign letters or trans-
parent panels for sign areas in excess of 300 square inches at least one - quarter
inch wire glass shall be used and the maximum span between supports shall
be four (4) feet.
18.76. 105 Strength of Parapet Wall. A parapet wall must be designed
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for and have sufficient strength to support sig n which is attached thereto.
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1 7 shall 6. 106 Supports and Braces. Metal supports or braces sh 11 be
adequate for wind loadings, see Section 18.76.107. Wire or cable supports
shall have a safety factor of four. All metal, wire cable supports and braces
and all bolts used to attach sign to bracket or brackets and signs to the sup-
porting building or structure shall be of galvanized or of an equivalent material.
There shall be no visible angle irons, or unsightly supports. All such sign
supports shall be an integral part of the sign design. There shall be a pole
cover on all free- standing signs unless the pole is an integral part of the sign.
18.76.107 Wind Loads. All signs, except those attached flat against
the wall of a building shall be constructed to withstand wind loads as follows:
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For solid signs, 30 pounds per square foot on one face of the
sign.
For skeleton signs, 36 pounds per square foot of the total face
area of the letters and other sign surfaces, or ten pounds per square foot
of the gross area of the sign as determined by the overall dimensions of the
sign, whichever is greater.
18.76. 108 Sign n Anchorin . No sign shall
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or other devices that will allow the sign o swing due to wind action. Signs
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shall be anchored to prevent any lateral movement that would cause wear on
supporting members or connections.
18.76.110 Permit Exceptions. The following operations shall not
be considered as creating a sign insofar as requiring the issuance of a sign
permit, but the signs must be in conformance with all other building, struc-
tural and electrical laws and regulations of the city:
(1) Changing of the advertising copy or message on an ex-
isting approved painted or printed sign, marquee, changeable
copy sign or a similar approved sign whether electrical, illum-
inated, electronic changing message center or non - illuminated
painted message which are all specifically designed for the use
of replacement copy.
(2) Painting, repainting, cleaning or other normal mainten-
ance and repair of a sign not involving structural changes.
Replacement of the plastic face will be included as an exempt
operation provided that it is due to a change caused by breakage
and /or deterioration of the face, but not for the substitution of
a new or different advertiser.
(3) Changes in the content of show window displays and
permitted temporary signs.
18.76. 111 Exempt Signs.
(1) Construction Signs. One construction sign per construction
project not exceeding 32 square feet in sign area in residential districts or
64 square feet in commercial or industrial districts, provided that such signs
shall be erected no more than five (5) days prior to the beginning of construc-
tion for which a valid building permit has been issued, shall be confined to the
site of construction, and shall be removed five (5) days after completion of
construction and prior to occupancy.
(2) Directional or Instructional Signs. Signs which provide
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direction or instruction and are located entirely on the property to which
they pertain and do not in any way advertise a business and do not exceed
four square feet in area, signs identifying rest rooms, public telephones,
walkways, or signs providing direction such as parking lot entrance and exit
signs and those of similar nature.
(3) Flags. The flags, emblems, or insignia of any nation or
political sub-division or corporate flag.
(4) Government Signs. Governmental signs for control of
traffic and other regulatory purposes, street signs, danger signs, railroad
crossing signs, and signs of public service companies indicating danger and
aids to service or safetywhich are erected by or on the order of, a public
officer in the performance of his public duty.
(5) Holiday Decorations. Signs of a primarily decorative
nature, clearly incidental and customary and commonly associated with any
national, local or religious holiday; provided that such signs shall be displayed
for a period of not more than 60 consecutive days nor more than 60 days in any
one year. Such signs may be of any type, number, area, height, illumination
or animation; and shall be set back 10 feet from all boundary lines of the lot,
provided that a clear area be maintained to a height of 72 inches, within 55
feet of the intersection of two streets, a railroad and a street and a street
and driveway.
(6) House Numbers and Name Plates. House numbers and
name plates not exceeding two square feet in area for each residential build-
ing.
(7) Interior Signs. Signs located within the interior of any
building or stadium, or within an enclosed lobby or court of any building,
and signs for and located within the inner or outer lobby, court or entrance
of any theatre, that are not visible from the public right -of -way. This does
not, however, exempt such signs from the structural, electrical, or material
specifications as set out in this Code.
Page Nine
(8) Memorial Signs. Memorial signs or tablets, names of
buildings and date of erection when cut into any masonry surface or inlaid
so as to be Pa g rt of the building or when constructed of bronze or other
incombustible material.
(9) Notice Bulletin Boards. Notice bulletin boards not over 24
square feet in area for medical, public, charitable or religious institutions
where the same are located on the premises of said institution.
(10) No- Trespassing or No- Dumping Signs. No- t respassing
or no- dumping signs not to exceed one and one -half square feet in area per
sign and not exceeding four in number per lot, except that special permission
may be obtained from the Building Inspector for additional signs under proven
special circumstances.
(11) Occupant Signs. One sign for each dwelling unit not to
exceed two square feet in area indicating the name of the occupant, location
or identification of a home professional office.
(12) Plaques. Plaques cr name plate signs not more than two
and one -half square feet in area which are fastened directly to the building.
(13) Political and Campaign Signs. Political or campaign signs
on behalf of candidates for u a u election 11
public office or mreasures res on i e e ton ba ots
provided that said signs are subject to the following P g subject g g
(a) Said signs may be erected not earlier than 45 days
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prior to said election and shall be removed within 15 days
following said election.
(b) In any zone, only one stationary sign is permitted
on any one parcel of land. Said sign shall not exceed 32
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square feet in aggregate area and, if detached, shall not
exceed 6 feet in height. Said sign shall not be erected in
such a manner as to constitute a roof sign. If there should
be more than one tenant, each tenant shall be permitted
the above allowed dimensions. Notwithstanding the provi-
sions of this sub- paragraph, a sign may be placed upon any
legally existing sign structure, but not so as to cover an
already existing current sign.
(c) No sign shall be located within or over the public
right -of -way.
14 Public Notices. Official notices posted b
( ) P y public officers
or employees in the performance of their duties.
Page Ten
(15) Public Signs. Signs required or specificallyauthorized
for a public purpose by any law, statute or ordinance; which may be of any
type, number, area, height above grade, location, illumination, or anima-
tion, required by the law, statute or ordinance under which the signs are
erected.
(16) Real Estate Sig ns. One real estate sign on any lot or
Signs. g Y
parcel, provided such sign is located entirely within the property to which
the sign applies, is not directly illuminated, does not exceed six square
feet in area, and is removed within seven days after the sale, rental, or
lease has been accomplished.
(17) Permanent Window Signs. Except in residential zones,
for each ground floor occupancy of a building not more than two permanent
signs may be painted on or otherwise displayed from the inside surface of
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any window, showcase or other similar facility. Said signs shall be in
addition to those signs permitted under the other provisions of this Code.
The total copy area of such signs, however, shall not exceed a maximum
of 25 per cent of the total window area, or one square foot per lineal front
foot of the premises occupied, whichever is the lesser.
(18) Signs in the Display Window. Signs in the display window
of a business use which are incorporated with a display of merchandise or
a display relating to services offered which mmply with sub - paragraph (17)
herein.
(19) Symbols or Insignia. Religious symbols, commemorative
plaques of recognized historical agencies, or identification emblems of
religious orders or historical agencies, provided that no such symbol, plaque,
or identification emblem shall exceed four square feet in area, and provided
further that all such symbols, plaques and identification emblems shall be
placed flat against a building.
(20) Temporary Signs. Temporary signs not exceeding four
square feet in area pertaining to d events philanthropic,
q Pe g t rives or vents of civic, pht nthropic,
Page Eleven
educational or religious organizations, provided that said signs are posted
only during said drive or no more than 30 days before said event and are
removed no more than 15 days after an event.
(21) Warning Signs. Signs warning the public of the existence
of danger, but containing no advertising material, of a size as may be necessary,
to be removed upon subsidence of danger.
(22) Neighborhood Identification Signs. In any zone, a sign,
masonry wall, landscaping and other similar materials or features maybe
combined to form a display for neighborhood or tract identification, provided
that the legend of such sign or display shall consist only of the neighborhood
or tract name.
18.76. 120 Maintenance and Repair. Every sign including but not
limited to those signs for which permits or for which no permits or permit
fees are required, shall be maintained in a safe, presentable and good
structural material condition at all times, including the replacement of de-
fective parts, painting, repainting, cleaning, and other acts required for
the maintenance of said sign. The Building Inspector shall require compli-
ance with all standards of this Code. If the sign is not made to comply with
adequate safety standards the Building Inspector shall require its removal
in accordance with this Section.
18.76.121 Abandoned Signs. Except as otherwise provided in this
Code, any sign which is located on property which becomes vacant and un-
occupied for a period of three months or more, or any sign which pertains
to a time, event, or purpose which no longer applies, shall be deemed to
have been abandoned. Permanent signs applicable to a business temporarily
suspended because of a change of ownership or management of such business
shall not be deemed abandoned unless the property remains vacant for a
period of six months or more. An abandoned sign is prohibited and shall
be removed by the owner of the sign or owner of the premises.
18.76. 122 Dangerous or Defective Signs. No person shall main-
tain or permit to be maintained on any premises owned or controlled by him
Page Twelve
any sign which is in a dangerous or defective condition. Any such sign shall
be removed or repaired by the owner of the sign or the owner of the premises.
18.76. 123 Unlawful Signs. No person shall erect on any premises
owned or controlled by him any sign which does not comply with the p rovisions
of this Code.
18.76. 124 Street Improvement Projects. Any sign projecting over
a public right-of-way at the time of the effective date of this Code which was
subject to removal or relocation at the owner's expense, pursuant to a permit
or other ordinance of the city, shall be removed by the owner or altered at
the owner's expense to complywith the regulations of this Code if, as the
result of, or after completion of a street improvement project, said sign
does not or would not comply with the provisions of this Code.
18.76. 125 Removal of Signs by the Building Inspector. The Building
Inspector shall cause to be removed any sign that endangers the public safety
such as an abandoned, dangerous, or materially, electrically or structurally
defective sign or a sign for which no permit has been issued. The Building
Inspector shall prepare a notice which shall describe the sign and specify the
violation involved and which shall state that if the sign is not removed or the
violation is not corrected within ten days the sign shall be removed in accord-
ance with the provisions of this Section.
All notices mailed by the Building Inspector shall be sent by
certified mail. Any time periods provided in this Section shall be deemed to
commence on the date of the receipt of the certified mail.
For all other signs the notice shall be mailed to the owner of
the property on which the sign is located as shown on the last equalized
assessment roll. If known, or with reasonable care should be known, the
notice shall be mailed to or delivered to the owner of the sign and the occupant
of the property.
Any person having an interest in the sign or the property may
appeal the determination of the Building Inspector ordering removal or com-
pliance by filing a written notice of appeal with the Board of Adjustment within
Page Thirteen
30 clays after the date of mailing the notice, or 30 days after receipt of the
notice if the notice was not mailed.
Notwithstanding the above, in cases of emergency, the Building
Inspector may cause the immediate removal of a dangerous or defective sign
without notice.
18.76.126 Disposal of Signs - Fees. Any sign removed by the
Building Inspector pursuant to the provisions of this Section shall become
the property of the city and may be disposed of in any manner deemed appro-
priate by the city. The cost of removal of the sign by the city shall be
considered a debt owed to the city by the owner of the sign and the owner of
the property, and may be recovered in an appropriate court action by the city
or by assessment against the property as hereinafter provided. The cost of
removal shall include any and all incidental expenses incurred by the city in
connection with the sign's removal.
When it is determined by the Building Inspector that said sign would
cause an imminent danger to the public safety, and contact cannot be made
with a sign owner or building owner, no written notice shall have to be served.
In this emergency situation, the Building Inspector may correct the danger,
all costs being assessed as contained in the following sub - sections (1) through
(8):
(1) The notice given by the Building Inspector shall state not
only the remedial action required to be taken, but shall also state
that if such action is not taken within the time limits set forth in
this Code, the cost of correcting the unlawful feature of the sign
may be assessed against the property on which the sign is located,
together with the additional five per cent for inspection and inci-
dental costs and an additional ten per cent penalty for the cost of
collection, and collected in the same manner as real estate taxes
against the property.
(2) In the event that the owner of the premises, or person
entitled to the possession, or the owner of the sign, shall fail,
neglect or refuse to comply with the notice to repair, rehabili-
tate or demolish the sign to be declared to be unlawful, the owner
of the sign, the owner of the premises upon which the sign is
located, and the person entitled to possession thereof (if other
than the owner of the premises), or all or any of them, maybe
prosecuted for violation of this Code. The Building Inspector
may remove the sign declared to be unlawful.
(3) If it shall be necessary for the Building Inspector to
Page Fourteen
remove a sign pursuant to the provisions hereof, bids shall be
taken when the estimated costs of demolition exceed $500.00.
When completed, the Building Inspector shall certify to the
clerk the legal description of the property upon which the work
was done, together with the name of the owner thereof, as shown
by the tax rolls of the related municipal area, together with a
statement of work performed, the date of performance and the
cost thereof.
(4) Upon receipt of such statement, the clerk shall mail a
notice to the owner of said premises as shown by the tax rolls,
at the address shown upon the tax rolls, by certified mail,
postage prepaid, notifying such owner that the work has been
performed pursuant to this Code, stating the date of performance
of the work, the nature of the work, and the demanding payments
of the costs thereof (as certified by the Building Inspector), to-
gether with five per cent for the inspection and the other incidental
costs in connection therewith. Such notice shall state that if said
amount is not paid within thirty (30) days of mailing the notice, it
shall become an assessment upon and a lien against the property
of said owner, describing the same, and will be certified as an
assessment against the property, together with a ten per cent
penalty, for collection in the same manner as the real estate
taxes upon the property.
(5) If the clerk shall not receive payment within a period of
30 days following the mailing of such notice, the clerk shall inform
the council of such fact and the council shall thereupon enact a re-
solution assessing the whole cost of such work, including five per
cent for inspection and other incidental costs in connection there-
with upon the lots and tracts of land from which the sign has been
removed, together with a ten per cent penalty for the cost of
collection.
(6) Following passage of such resolution upon third reading,
the clerk shall certify the same to the treasurer, who shall collect
the assessment, including the ten per cent penalty of cost for
collection, in the same manner as other taxes are collected.
(71 Each such assessment shall be a lien against each lot
or tract of land assessed, until paid, and shall have priority over
all other liens except general taxes and prior special assessments.
(8) For all purposes hereinafter the owner of the premises
shall be presumed to be the owner of all signs thereon, unless the
contrary shall appear from facts brought to the attention of the
Building Inspector.
If the costs are to be assessed against the property, a hearing to
confirm the said cost shall be held before the council. At such hearing the
owner of the property or other interested person may appear and object to
the proposed assessment. Notice of the hearing shall be given at least ten
days prior to the date of the hearing to the property owner by mailing a
notice of the hearing to the address of said property owner as shown on the
Page Fifteen
last equalized assessment roll.
18.76. 130 Inspection by Building inspector. The Building Inspector
is hereby empowered to 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 and
electrical connections, and to insure compliance with the provisions of this
Code. Such inspections shall be carried out during business hours, unless
an emergency exists.
18.76. 131 Code Violations and Enforcement. The remedies pro-
vided in this section, for violations of or failure to comply with provisions
of this Code, whether civil, criminal, or for sign removal, shall be cumula-
tive and shall be in addition to any other remedy provided by law. it is
intended that the civil penalty described herein shall be used in preference
to the criminal penalty, except in case of repeated, malicious, wilfully pro-
longed, or flagrant violations of this Code.
Except as otherwise provided in this Code any sign which is
not in compliance with all of the provisions of this Code shall be referred to
herein as an "unlawful" sign.
18.76. 132 Civil Remedies. The violation of or failure to comply
with any of the provisions of this Code, or the erection, use or display of
any sign not in compliance with all of the provisions of this Code shall be
and hereby is declared to be unlawful.
(1) injunction and Abatement. The City, through its
authorized agents, including the Building Inspector, or any
person, as defined in this Code, may initiate injunction or
abatement proceedings or other appropriate action in a court
of competent jurisdiction against any person who violates or
fails to comply with any provision of this Code or the erector,
owner or user of an unlawful sign or owner of the property on
which an unlawful sign is located, to prevent, enjoin, abate or
terminate violations of this Code and /or the erection, use or
display of an unlawful sign.
(2) Civil Penalty. Any person who violates or fails to
comply with any of the provisions of this Code or the erector,
Page Sixteen
owner, or user of an unlawful sign or the owner of property
on which an unlawful sign is located shall be subject to a
civil penalty of $25.00 and an additional $15.00 for each day
or portion thereof that the use or display of the unlawful sign
has continued. Provided, however, that the owner of property
on which an unlawful sign is located, who is not also the owner
or user of the unlawful sign, shall be subject to the penalty
only if demand for removal or alteration of the unlawful sign
shall have been mailed by registered mail, return receipt
requested, to said owner and the demand has remained un-
complied with for more than 30 days.
18.76. 133 Criminal Penalty. The violation of or failure to comply
with any of the provisions of this Code or the erection, use, or display of
any sign not in compliance with all of the provisions of this Code shall be
and hereby is declared to be a misdemeanor.
Every person concerned in the violation of or failure to comply
with the Code, whether he directly commits the act or aids or abets the
same, and whether present or absent, shall be proceeded against and held
as a principal.
Provided, however, that the owner of property on which an un-
lawful sign is located, who is not also the owner or user of the unlawful sign,
shall be subject to the said misdemeanor penalties only if demand for re-
moval or alteration of the unlawful sign shall have been mailed by registered
mail, return receipt requested, to said owner and the demand has remained
uncomplied with for more than 30 days.
18.76. 134 Assurance of Discontinuance. A s an additional means
of enforcing this Code, the Building Inspector may accept an assurance of
discontinuance of any act or practice deemed in violation of this Code or of
any rule or regulation adopted pursuant hereto, from any person engaging in,
Page Seventeen
or who has engaged in such act or practice. Any such assurance shall
specify a time limit during which such discontinuance is to be accomplished.
Failure to perform the forms of any such assurance shall constitute prima
facie proof of a violation of this Code or any rule or regulation adopted
pursuant hereto or order issued pursuant thereto, which make the alleged
act or practice unlawful for the purpose of securing any injunctive relief
from a court of competent jurisdiction."
Section 18.76.090 is hereby amended to read as follows: "All
political signs must conform to all provisions of this title. Party primary
elections and general elections shall be considered as separate elections.
Section 18. 88.050 B. is hereby amended to reas as follows: "Any
person aggrieved at the findings of the board of adjustment of the city shall
have the right of appeal from the findings of said board to a court of record
having jurisdiction in the manner provided for in the statutes of Arkansas,
or the right to appeal to the city council."
Section 2. This ordinance being necessary for the immediate pre-
servation of the public health, safety, welfare and morale of the citizens
of the City of Jacksonville, Arkansas, an emergency is hereby declared to
exist and this ordinance shall have full force and effect immediately after its
passage.
APPROVED AND ADOPTED this day of May, 1976.
MAYOR
ATTEST:
City Clerk
l i
on 5-13 - 76,
4 tC-
NOTE: THIS ORDINANCE NO. 386 CCNTAENS 3 REVISIONS. PAGES 1, 15, and 16. THE REVISED
PACES ARE INCLUDED.