Section 6.04 Violations, Enforcement, and Penalty
A. Permanent Signs.
1. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, Fountain Hills Town Code, and by state law, as applicable:
A. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone within which the sign is located.
B. To install, create, erect or maintain any sign requiring a permit without such a permit.
C. To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter, or for which the building permit has lapsed.
D. To fail to remove any sign identifying or advertising a business or any product sold thereby in the event the business ceases operation for more than a ninety (90) day period or has no active business license.
2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes.
3. The violations set forth in this section are declared to be civil in nature. The responsible parties for enforcement purposes are:
A.The owner or operator of the business identified on the sign; and
B.The owner of the property to which the sign is directing pedestrian or vehicular traffic.
C.The owner of the property where the sign is physically located.
4. Enforcement of permanent sign regulations may be made through the use of the civil citation process set forth in Section 1-8-3 of the Town Code and/or through one of the actions listed below:
A.Issuing a stop-work order for any and all work on any signs on the same lot;
B.Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; or
C.In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances;
D.The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance.
B. Temporary Signs.
1. It shall be a violation of this chapter to install, erect or maintain any temporary sign in a way that is inconsistent with the provisions of this chapter.
2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes.
3. Enforcement of temporary sign regulations includes, but is not limited to, the following:
A.Issuing a civil citation for the violation as set forth in Section 1-8-3 of the Town Code;
B.Confiscation of sign(s); and/or
C.Any of the enforcement methods provided for permanent signs, as applicable.
C. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. (23-04, Amended, 10/17/2023, Deleted and replaced; 21-09, Amended, 05/18/2021, Deleted and replaced)