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 Orlando
 Code of Ordinances
 Chapter 64. SIGNS
 Part 4. PROHIBITIONS AND REMOVALS

  § 64.302. Prohibited, Unlawful and Nonconforming Signs Declared Nuisances; Removal.  

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  • Any sign, or sign structure which is constructed, erected, operated, used, maintained, posted, or displayed in violation of this Chapter is hereby declared to be a public and private nuisance by virtue of the fact that the sign endangers the public health, safety and welfare and is manifestly injurious to the aesthetics of the community and shall be forthwith removed by the Zoning Official, and for that purpose its agents, authorized representatives or an independent contractor secured through normal purchasing process may enter upon private property without incurring any liability therefor.

    After the termination of the time periods for which signs are permitted to remain under this Chapter, the Zoning Official shall order the removal of any sign determined to constitute a nuisance as herein defined.

    The Zoning Official shall not order the removal of any sign erected and maintained on private property in violation of this Chapter except upon ten (10) days written notice. The Notice of Order shall contain:

    1.

    The location/address where the violation exists.

    2.

    The description of the sign or sign structure.

    3.

    The violations of this Chapter which constitutes a nuisance.

    4.

    The alterations or repairs necessary to achieve compliance.

    A copy of the Notice of Order shall be served upon the owner or lessee of a sign and the owner of the real property by delivery of a copy to them or by forwarding a copy by registered or certified mail to his last known address or by serving the above with the Notice of Order by any other method authorized under the laws of this state. In the event a Notice of Order sent by certified mail shall be returned undelivered, it shall be served by the Chief of Police or any policeman of said City, or by any other officer or employee who may be authorized by the City to do so, but if such person or persons reside in the State of Florida and beyond the limits of said City, then the Notice of Order shall be served by the Sheriff of the County in which said person resides in accordance with the rules governing service of process in the Circuit Court.

    Where personal service cannot be had or the address is found to be beyond the limits of the State of Florida, then the Notice of Order shall be by publication. The Notice of Order shall be published once a week for four (4) consecutive weeks prior to the ten (10) day time period described herein as preceding the Order of Removal.

    In all cases in which such Order of Removal shall be made and no appeal entered, or protest made to the confirmation of the Notice of Order, then the owners of the real property and sign or sign structure or persons claiming any interest therein having actual or constructive notice, shall be forever foreclosed and barred from claiming any damage by reason of the removal of said sign or sign structure described in said Order.

    Appeal. An aggrieved party may appeal the final administrative order by the Zoning Official to the Board of Zoning Adjustment. An appeal shall be filed pursuant to Chapter 65, Section 65.380, of the Orlando City Code. Appeals from the decision of the Board of Zoning Adjustment to the City Council shall be filed pursuant to Chapter 2, Chapter XXIV, Section 2.177, Orlando City Code. Judicial Review of decisions made by the City Council shall be pursuant to Chapter 2, Chapter XXIV, Section 2.180, Orlando City Code.

    An appeal does not preclude an aggrieved party of a non-conforming sign from seeking a zoning variance pursuant to Chapter 65, Part 2 of the Orlando City Code provided that the Zoning Variance application be submitted no later than 30 days after service of the final Administrative Order by the Zoning Officials. No application for a variance shall be accepted for signs determined to be illegal under provisions of the City Code.

    Abandoned Signs. Nonconforming signs shall be removed by the owner or lessee of the premises upon which a sign is located when the business which a sign advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Zoning Official shall order removal in accordance with this Chapter.

    Cost of Removal to be Assessed as a Lien. The City may assess the cost and expense of the removal of signs which are in violation of this Chapter or the Building Code of the City of Orlando as a public improvement lien upon the real property which liens shall be superior to all other private liens. Such liens shall be enforced by suit to foreclose following the procedures regarding inspections, filing and service of notice and hearing as set forth in Laws of Fla. ch. 63-1720 (Chapter 13, Section 39-6 of City Charter).

    Signs Subject to Immediate Removal. Signs placed on public property or rights-of-way without authorization shall be subject to immediate removal.

    Provisions of Section Supplemental, Additional and Alternative Method. This Section shall be deemed to provide a supplemental, additional and alternative method of removing or correcting Code violations found to exist in the City of Orlando.

(Ord. of 9-16-1991, Doc. #25101)