Ordinance NO. 2013-11

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-11

TITLE: AN ORDINANCE AMENDING ARTICLE 7 OF CHAPTER 16 OF THE TOWN OF MOUNTAIN VIEW MUNICIPAL CODE TO ADDRESS THE MAINTENANCE OF SIGNS

THE TOWN COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. Section 16-7-30 of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Sec. 16-7-30. Definitions.

ABANDONED SIGN MEANS ANY SIGN (TOGETHER WITH ITS SUPPORTING STRUCTURE) NOW OR HEREAFTER EXISTING WHICH, TEN (10) DAYS OR MORE AFTER THE PREMISES HAVE BEEN VACATED, ADVERTISES AN ACTMTY, BUSINESS, PRODUCT OR SERVICE NO LONGER PRODUCED OR CONDUCTED UPON THE PREMISES UPON WHICH SUCH SIGN IS LOCATED. THIS DEFINITION SHALL NOT APPLY TO PERMANENT SIGNS ACCESSORY TO BUSINESSES WHICH ARE OPEN ONLY ON A SEASONAL BASIS, PROVIDED THAT THERE IS CLEAR INTENT TO CONTINUE OPERATION OF THE BUSINESS.

Section 2. The Town of Mountain View Municipal Code is amended by the addition thereto of a new Section 16-7-80 to read as follows:

Sec. 16-7-80. Sign maintenance standards.

All signs shall be maintained in accordance with the following:

(1) The property owner, occupant or other person responsible for the sign shall maintain the sign in a condition fit for the intended use, and he or she shall have a continuing obligation to comply with all zoning and building regulations.

(2) If the Town finds that any sign is unsafe, insecure or a menace to the public, notice shall be given in writing by the Town to the owner. The owner of the business shall, within seventy-two (72) hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the seventy-two (72) hours, the sign may be removed or altered by the Town to comply with these regulations at the expense of the owner or occupant of the property upon which the sign is located. The Town may cause any sign which,

in the Town’s opinion, creates a danger to persons or property to be removed immediately and without notice.

(3) If any sign has been abandoned or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, it shall be removed by the owner, agent or person having the beneficial use of the building, structure or land upon which such sign is located, within fifteen (15) days after written notice by the Town. The sign shall either be removed entirely or the sign area shall be replaced by a neutral, single-background-color panel or similar cover. Ifthe sign is comprised of individually raised letters, then the letters shall be removed. Upon failure to comply with such notice within the time specified in such order, the Town is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which such sign is located.

(4)  Termination of nonconforming signs shall be:

 

(a) By abandonment. Abandonment of a nonconforming sign shall terminate immediately the right to maintain such sign.

(b) By destruction, damage or obsolescence. The right to maintain any nonconforming sign shall terminate and shall cease to exist whenever the sign is damaged or destroyed in excess of fifty percent (50%) of the current replacement cost of the sign from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinances of the Town.

(c) By violation of this Chapter. Any violation of this Chapter shall terminate immediately the right to maintain a nonconforming sign.

 

(5)  If the Town finds that any sign is maintained in violation of the provisions of

this Chapter, such violation shall constitute a nuisance to be abated in the manner provided in Chapter 7 of this Code.

Section 3. The Town of Mountain View Municipal Code is amended by the addition thereto of a new Section 16-7-90 to read as follows:

Sec. 16-7-90. Penalties.

Any person who is convicted of, or pleads guilty or no contest to, a violation of this Article shall be punished by a fine of not less than twenty-five dollars ($25.00), but not exceeding the amount set forth in Section 1-6-20. Each and every day on which any violation of this Article is committed, exists or continues shall be deemed a separate offense.

Section 4. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 5. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 6. Effective Date. This Ordinance shall become effective ten (10) days after passage.

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST AND FINAL READING THIS 12th DAY OF AUGUST, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 9th DAY OF SEPTEMBER 2013