Removing signs placed illegally on public property

(a) No person shall erect, establish, construct, maintain, keep, or operate a sign, including but not limited to a portable sign, on, above or below: (1) Any street right-of-way, including any sidewalk area or medial strip; or (2) Any public mall; except as may be permitted under §§ 21-7.10 to 21-7.80-1, or other applicable law. Any sign in violation of this subsection shall be considered an unlawful sign and shall be subject to summary removal under this section. (b) The director of planning and permitting may immediately and summarily remove or cause the immediate and summary removal of an unlawful sign. The director of planning and permitting may request and shall receive the full cooperation and assistance of the chief of police, and of the directors of the departments of facility maintenance and transportation services, as may be appropriate, to carry out such removal. (1) The director of planning and permitting shall store or cause to be stored any sign removed pursuant to this section until the director of planning and permitting is authorized to destroy, sell, or otherwise dispose of the sign pursuant to this section, but in no event, less than 30 calendar days from the date of removal. (2) Notification. (A) If a sign removed pursuant to this section has a sign area greater than 324 square inches, and the name or address of the owner of the sign appears on the face or reverse side of the sign, then the director of planning and permitting shall issue a written notice to the owner of the sign before, or within 10 working days following the date of the sign’s removal; provided that no notice shall be required if only the name appears and the director of planning and permitting is unable after a good faith effort to determine the address of the named person. (B) The written notice shall explain the violation and removal of the sign, where the sign is being stored, that the owner may reclaim the sign within 30 calendar days from the date of issuance of the written notice, the place and time that the sign may be reclaimed by the owner, that the owner has the right to appeal the removal of the sign in accordance with subsection (e), and that, if not timely reclaimed or the subject of a timely appeal, the sign shall be subject to disposal. (C) If a sign has a sign area of 324 square inches or less, or no name or address of the owner appears on the face or reverse side of the sign, then the sign shall be deemed to have no value and to be abandoned, and the notification requirements of this subdivision shall not apply. (3) The director of planning and permitting may destroy, sell, or otherwise dispose of a sign removed under this section after the following time periods: (A) For signs for which no notification is required by this subsection, after a period of 30 calendar days from the date of removal of the sign; and (B) For signs for which notification is required by this subsection, after a period of 30 calendar days from the date of issuance of the written notice under subdivision (2), unless a timely appeal has been duly filed under subsection (e). (c) A sign removed pursuant to this section may be reclaimed by the owner within the applicable 30-day period specified in subsection (b)(3). To reclaim a sign, an owner or the owner’s authorized representative shall make arrangements with the director of planning and permitting for the time and place to reclaim the sign, shall appear in person within the applicable 30-day period at the time and place designated by the director of planning and permitting, shall provide adequate proof of identity and ownership and shall pay to the city a $200 fee, per sign, for the city’s costs of removal, storage, and handling of the sign, whereupon the director of planning and permitting shall release the sign to the owner, as is. (d) The city shall not be responsible for any losses, liabilities, damages, costs, claims, demands, suits, actions, payments, or judgments arising from the removal, storage, or handling of a sign properly removed under this article. (e) An owner of a sign removed pursuant to this section may appeal the removal to the building board of appeals as provided by § 16-1.1 . The appeal will be limited to a determination of whether the sign was properly removed pursuant to this section. The director of planning and permitting shall continue to store or have stored the sign until the appeal has been decided. If the decision of the board of appeals is in favor of the owner, then the sign will be returned to the owner and no fee for the removal, storage, and handling of the sign will be charged. If the decision of the board of appeals is in favor of the director of planning and permitting, then the sign may be returned to the owner upon payment of the removal, storage, and handling fee of $250 or, if the owner fails to pay the fee within seven days of issuance of notice of the decision, the sign may be destroyed, sold, or otherwise disposed of by the director of planning and permitting.