(a)   The Zoning Administrator shall administer these sign regulations and is authorized to enforce and carry out all provisions thereof.

(b    Administrative authority shall include development of application forms, permit fees and procedures consistent with this section.

(c)   The Zoning Administrator is permitted to enter onto any property in the City to inspect a sign, its structural supports and electrical connections, and to ensure compliance with all adopted codes. Such inspections shall be conducted during regular business hours of the City unless an emergency exists.

(d)   Sign installation. The work necessary to construct, install, erect, illuminate or modify signage within the City shall be performed by a licensed contractor in conformance with the provisions of the Municipal Code of Haysville, Kansas.

(1)   Work required to be performed by a licensed contractor:

(A)  Construction, installation, erection or electrical connection of any sign which is internally illuminated.

(B)  Construction, installation or erection of any permanent freestanding sign requiring wind load calculations.

(C)  Construction, installation or erection of any sign which is located above a pedestrian walkway or on a canopy over a pedestrian walkway.

(D)  Construction, installation or erection of any sign not described in subsection D-18(d)(2).

(2)   Work which may be performed by a property owner or lessee:

(A)  Installation or attachment of any individual letters which do not require electrical service or structural modification of the surface to which such letters are being attached.

(B)  Construction and erection of any temporary sign.

(e)   Sign Permit required.

(1)   A sign permit shall be required, as established in this code, except for replacement of existing faces or panels, provided no structural alterations are made and the sign does not change in shape, size or area. Normal maintenance on a sign shall not require a sign permit.

(2)   A sign permit application shall be completed on forms provided by the Zoning Administrator and shall be completed by the owner, tenant, authorized agent or licensed sign installer.

(f)   Issuance of permits.

(1)   Within 14 days of receipt of a complete sign permit application, the Zoning Administrator shall:

(A)  Issue the permit;

(B)  Deny the permit, including a written statement of the reasons for denial; or

(C)  Request additional information pertaining to the permit.

(2)   Sign permits may be revoked if:

(A)  There is any false statement or misrepresentation made in the application;

(B)  Work authorized by the permit has not commenced within 180 days from the date of permit issuance; or

(C)  The work authorized by the permit has not been completed within 365 days from the date of permit issuance.

(3)   The Zoning Administrator may levy a charge of triple the permit fee for signs erected, placed, relocated, altered or substantially repaired without obtaining permits, as required in this article.

(4)   The City may require removal of a sign even if a permit was issued, if the permit was issued in error and in violation of these regulations.

(g)   Sign permit fees.

(1)   Sign permit fees shall be as established in Chapter 17 of the Municipal Code of Haysville, Kansas and shall be paid at the time of permit application.

(2)   Substantial changes to an issued permit may result in additional permit fees being assessed.

(h)   Enforcement.

(1)   All signs shall be maintained in a safe and attractive manner and shall be free from structural, material and electrical defect or hazard. The property owner is responsible for assuring that signs on their property comply with the provisions of these regulations.

(2)   The Administrator is authorized to exercise the following enforcement authority:

(A)  Arranging for immediate removal of any dangerous sign that poses an immediate threat to the public safety. Such removal may be conducted without notice.

(B)  Ordering, via written notification, removal or repair of any sign which endangers the public safety, health or welfare and/or which has become a public nuisance. The order shall specify the defect or hazard and require correction within 30 days of the date of the letter.

(C)  Ordering, via written notification, removal of an abandoned sign within 30 days of the date of the letter.

(D)  Ordering, via written notification, removal of any illegal temporary signs within 7 days of the date of the letter.

(E)   Confiscating any signs located in the public right-of-way or on public property, other than those specifically required to be permitted under state statute. Confiscated signs may be recovered by the sign owner within 14 days of the date of confiscation, pursuant to payment of a service charge as established in Chapter 17.

(F)   Deny issuance of a sign permit for property that has outstanding sign violations or assessments, as established in this article.

(i)    Administrative correction, removal and forfeiture.

(1)   The Zoning Administrator may correct a violation of this code or remove any defective, dilapidated, abandoned or illegal sign if an order has been correctly issued and mailed or delivered and if:

(A)  The sign has not been removed or repaired within the specified time limit; and

(B)  The property owner or authorized representative has failed to file an appeal with the Administrative Committee by the specified time limit.

(2)   The City shall have the right to recover from the owner or tenant placing such a sign the full costs of removal and disposal of said sign. If the cost is not recovered, the expenses may be assessed as a special assessment against the parcel on which the sign was located.

(3)   For the purposes of this section, the term “sign” shall include all sign embellishments and supporting structures.

(j)    Appeals.

(1)   Any applicant, property owner or authorized representative may appeal the following decisions/determinations of the Zoning Administrator:

(A)  Denial of a sign permit.

(B)  A written order issued pertaining to a sign.

(2)   Appeals shall be filed within 14 days of the date of determination and shall be made on forms as provided by the City.

(3)   If the enforcement officer who issued the decision from which the appeal is being taken usually sits upon the Administrative Committee, such official shall recuse themselves upon the record from participating in the decision of the Administrative Committee and shall take no further part in such action except such individual may be called to provide evidence as a witness.

(4)   If the nuisance condition is deemed by the Zoning Administrator to represent an immediate menace or danger to the health of the inhabitants of the community, such nuisance condition shall be made safe by either the party responsible for the property, or the City, regardless of the timing of the hearing.  Costs of such temporary action shall be additional costs of this nuisance abatement action.

(5)   At the hearing, the Board of Zoning Appeals Administrative Committee shall hear all evidence submitted by the appealing party and other parties in interest in the property upon which the nuisance is situated and all evidence submitted by the City. The hearing provided for in this section need not be conducted according to formal rules of evidence.

(6)   The Administrative Committee shall prepare a written description of findings and an appropriate order. The order shall be sent by certified mail, or delivered via in person delivery, to all parties with a legal interest in the property within five (5) days of the conclusion of the hearing, unless otherwise stated at the hearing. The Administrative Committee’s order shall describe the relevant facts relied upon, state the specific Code provisions being relied upon, and state any such other stipulations, methods of abatement, or orders as deemed necessary by the Administrative Committee. If abatement is ordered, the order shall also fix a reasonable period of time, not less than ten (10) days from the date the Order was rendered, to complete the abatement of any nuisances found by the Administrative Committee, and a statement that if the appellant or Responsible Party fails to complete the abatement, the Zoning Administrator shall cause the nuisance to be removed and abated in compliance with the Municipal Code of Haysville, Kansas.

(7)   The determination by the Administrative Committee shall be a final order of the City, and appeals of this action may be taken as allowed by law. Such appeal shall be filed within 30 days of the final decision of the Administrative Committee. A decision of the Administrative Committee shall be deemed final the day such decision is rendered.

(k)   Penalties. Any person violating any of the provisions of these regulations or causing, permitting, or suffering the same to be done is guilty of a misdemeanor and shall be punished by a fine of not more than five-hundred dollars. The issuance or granting of a permit shall not be deemed or construed to be a permit for approval of any violation of any of the provisions of this code.

(l)    Violations. Any of the following shall be a violation of these regulations and shall be subject to the enforcement remedies and penalties:

(1)   To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zoning lot on which the sign is located.

(2)   To install, create, erect or maintain any sign requiring a permit without such permit.

(3)   To fail to remove any sign that is installed, created, erected or maintained in violation of these regulations, or for which the sign permit has lapsed.

(4)   To continue any such violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of these regulations.

(5)   Each sign installed, created, erected, or maintained in violation of these regulations shall be considered a separate violation when applying the penalty portions of these regulations.

(Code 2020)