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ORDINANCE NO. 2011- 11 AN ORDINANCE AMENDING SECTION 10-15-10 OF THE SIGN CODE FOR THE CITY OF CODY MUNICIPAL CODE BY PROVIDING DEFINITION FOR ILLEGAL, NON-CONFORMING AND ABANDONED SIGNS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Section 10-15-10 SHALL READ AS FOLLOWS: 10-15-10: ILLEGAL, NONCONFORMING AND ABANDONED SIGNS A. General: In order to achieve the general purposes and objectives of this Code as specified in Section 10-15-1, it is necessary to provide for the removal of signs which are illegal, nonconforming and abandoned. The following subsections detail the method of correction and/or disposition required. B. Illegal Signs; Disposition: Any illegal sign shall be removed from the premise upon which it is located within thirty (30) days of delivery of a written notice of violation, and shall not be installed on the premises or elsewhere in the City until a sign plan review has been approved and a building permit is issued. The written notice shall be delivered: 1. In person to either the property owner or occupant of the property where the sign is located; or 2. By certified mail, return receipt requested to either the owner or occupant of the property where the sign is located; or 3. By leaving a copy of the notice with an individual over the age of 18 at the property where the sign is located, or at the residence or regular place of business of the owner or person in possession of the premises. 4. If property is unoccupied and the owner cannot with reasonable diligence be ascertained or located, then the planning department shall cause a copy of the notice to be published in a newspaper of general circulation in the city, once a week for three consecutive weeks, and shall further cause a copy of the aforesaid notice to be posted on the property. The written notice shall contain the physical address or legal description of the property where the sign is located; a description of the violation or violations, including reference to the applicable sections of the City Code; and shall state that failure to remove or correct the sign or signs within thirty (30) days may result in removal of the sign or signs by the City at the expense of the property owner and / or occupant, and may also result in a citation to municipal court and a fine not to exceed $750. C. Nonconforming Signs: 1. Pre-existing Signs: Signs already in existence and displayed prior to July 1, 2011 and which do not conform to the regulations prescribed herein may be allowed to remain so long as they are maintained and repaired pursuant to Section 10-15-3(a)(3). Such signs may be modified, repaired and ---PAGE BREAK--- maintained so long as modifications, repairs or maintenance do not increase the degree of non-conformance. 2. When fifty (50) percent or more of a nonconforming sign is repaired, repainted, replaced or altered such repairs shall be made to conform to the requirements of this code at the time of such alteration or repair, and the property owner or person displaying such sign shall apply for a sign permit. 3. A permit to replace a sign shall not be required if a pre-existing sign (as defined herein) suffers substantial which requires the complete replacement of the sign, and such damage is due to an act of God, or other unforeseeable acts not the fault of the property owner or the person displaying the sign. D. Abandoned Signs; Disposition: Abandoned signs shall be removed by the owner of the premise on which the sign is located. Upon failure of the owner to remove an abandoned sign, the Planning Department or Building Official shall proceed as described in Section 10-15-11 of this Code. E. Dangerous or Defective Signs; Disposition: Any dangerous or defective sign shall be repaired or removed by the owner of the premise or the owner of the sign. Upon failure of the owners to repair or remove a dangerous or defective sign, the Planning Department or Building Official shall proceed as described in Section 10-15-11 of this Code. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: ____May 3, 2011____ PASSED ON SECOND READING: ____May 17, 2011____ PASSED ON THIRD READING: ____June 7, 2011____ Nancy Tia Brown, Mayor ATTEST: Baker, Administrative Services Officer