Violation notice.
The Zoning Officer shall have the authority to issue a sign violation notice and shall be empowered to enter upon the premises of any person subject to this article for the purpose of enforcing the provisions herein.
Violation procedure.
When a sign is in violation of the terms of this article, the Zoning Officer shall use the following procedure: Notice of violation. The Zoning Officer shall attach a notice of violation to the face of the illegal sign and shall also serve a copy of the notice of violation, by personal service or by certified mail, return receipt requested, to the owner of record of the premises on which the violation has occurred. It shall be unlawful for any person other than the Zoning Officer to remove the notice of violation from the sign. The notice shall include at least the following:
A. The name of the owner of record and any other person against whom the municipality intends to take action.
B. The location of the property in violation.
C. The specific violation, with a description of the requirements which have not been met, citing in each instance the application provisions of this chapter.
D. The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of time, in accordance with procedures set forth in this chapter.
F. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
Impoundment of signs.
A. The Zoning Officer or designated agent of the Township shall have the authority, after compliance with the applicable violation procedures, to remove all illegal temporary, movable and/or portable signs without further notice and to impound them for a period of 10 days, and thereafter dispose of them.
B. The owner of a sign impounded may recover the same upon payment of a fee as set from time to time by resolution of the Board of Supervisors, plus costs of removal and storage for each sign, prior to the expiration of the ten-day impoundment period. In the event that any sign is not claimed within 10 days, the Zoning Officer shall have the authority to dispose of such sign.
Violations and penalties.
In addition to the remedies provided above, in the event that the owner does not comply with the notice of violation within the prescribed time, the Zoning Officer shall be authorized to file a civil and/or criminal complaint against the owner on account of any violation(s) of this article and/or to institute other legal proceedings for the abatement of such violation(s). Each day that a violation is continued shall constitute a separate offense punishable by a fine not to exceed $500, plus reasonable attorney fees and court costs actually incurred by Tobyhanna Township, provided that the owner is determined to be guilty of the violation(s).
