Cobb County, GA, Sign Ordinance -For complete document, go to www.municode.com and click on "free downloads", then click on "Georgia"

DIVISION 2.  ADMINISTRATION AND ENFORCEMENT

    Subdivision 1.  In General

    Sec. 134-341.  Compliance with other laws; conflicting provisions.

    The provisions of all other applicable county, state and federal laws shall apply. This article shall not be construed to create a right to maintain a sign in violation of any other law, in violation of any protective covenant or in violation of the property rights or other rights of any person or entity. If any provision of this article regulates the same activity, conduct or any aspect of signage that is also regulated by county, state or federal law, then the provision most restrictive of signage shall govern. If any provision of this article is in genuine conflict with any state or federal law or requirement, the conflict shall be resolved in accordance with law.

    (Ord. of 1-9-90, § 19; Ord. of 2-14-95, § 4)

    Sec. 134-342.  Enforcement and penalties.

         (a)     Enforcement personnel. Unless otherwise specifically provided by resolution of the county board of commissioners, the enforcement of this article shall be within the jurisdiction of the county's code enforcement personnel, including the zoning division manager, the zoning division manager's       designees and all law and code enforcement personnel of the county. The enforcement personnel shall have such powers as are reasonably necessary to  enforce and give effect to this article. With regard to any provision of this article relating to traffic safety or public rights-of-way, the county department of    transportation shall also be deemed to be enforcement personnel.

         (b)     Violation deemed public nuisance. Any violation of this article is hereby declared to be a public nuisance.

         (c)     Removal of signs in violation.

          (1)     The enforcement personnel may order the removal of any sign in violation of this article by written notice, registered mail return receipt requested,  to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and property owner and/or any other party that procured the erection of the sign. If a permit was issued, such notice shall operate to  revoke the permit. The removal order shall be issued only after the appropriate party fails to comply with the terms of this article within seven days after the receipt of written notice of noncompliance by the county or within ten days from the mailing of such notice if no receipt indicating acceptance is returned.

          (2)     An aggrieved party may appeal the removal order within ten days from the date that the notice was received. Such appeal shall be as provided in  section 134-95 or any successor provisions. If the sign is not removed within 30 days after the order of removal or 30 days after the date any appeal  becomes final, the enforcement personnel are authorized to remove or cause to be removed the sign and to collect the costs thereof as provided in this   section.

         (d)     Removal without notice. The enforcement personnel or any other agent of the county having jurisdiction under the circumstances may remove or  direct the removal of any sign in violation of this article, without giving notice to any party, if such sign:

          (1)     Is upon the public right-of-way or upon other public property; or

          (2)     Poses an immediate safety threat to the life or health of any members of the public.

    Following such removal or repair, the county may collect the costs as provided in subsection (e) of this section.

         (e)     Costs of removal. Removal of any sign as provided for in this section shall be without liability to the county, its officers, agents, servants and  employees. The permit holder shall be primarily responsible for the costs of removal. If there is no permit holder, then the sign owner shall be responsible.    If the sign owner cannot be found or cannot be determined, then the costs of removal shall be the responsibility of the sign erector and/or property owner or any other party that procured the erection of the sign. If payment or arrangement to make payment is not made within 60 days after the receipt of such    statement, the code enforcement personnel shall certify the amount thereof for collection to the county attorney. If signs that are removed remain unclaimed for more than 120 days from the date of impound, the signs shall be disposed of in accordance with state law.

         (f)     Invalid permits. The enforcement personnel may issue a removal order when it has been determined that a permit was improperly issued, that the permit was issued on the basis of misstatement of fact or fraud, that the sign has not been constructed in compliance with this article or with the specifications of the application or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with this article. If a sign is not removed after receipt of a removal order by the owner of such sign or property, enforcement personnel may institute legal proceedings pursuant to this article against the property owner, sign owner, lessee, sign erector or a combination thereof.

         (g)     Civil actions. The enforcement personnel or any individual or entity whose property interests are directly affected may bring a civil action to seek injunctive and other relief to enforce this article.

(h)     Citations. Any violation of this article may be tried upon citations issued by the enforcement personnel pursuant to O.C.G.A. § 15-10-63 and any successor statute. Without limitation, sign erectors, sign owners and such other parties responsible for the violation may be cited for violation of any provisions of this article.

         (i)     Penalties. Any person who violates any section or provision of this chapter, article VI, after the conviction upon a citation issued to the magistrate court of the county, for the first violation, shall be incarcerated for a period not to exceed 60 days and/or fined $200.00, and not to exceed the maximum

penalty prescribed by O.C.G.A. 36-1-20, as amended from time to time. If any person is found to be guilty of more than one violation of this chapter,article VI, in any 12-month period the following fines are established:

          (1)     Three hundred dollars for the second violation of this chapter in any 12-month period.

          (2)     Six hundred fifty dollars for the third violation of this chapter in any 12-month period.

          (3)     One thousand dollars for the fourth violation and each successive violation of this chapter.

         (j)     Prosecutor. The governing authority of the county may provide by separate resolution that a county attorney shall prosecute all citations issued for the violation of this article in accordance with O.C.G.A. § 15-10-66, and any successor statute. Until such time as the governing authority shall enact

such a resolution, the solicitor of the state court of the county and his assistants shall prosecute all citations issued for the violation of this article.

         (k)     Remedies cumulative. All remedies and penalties specified in this article are cumulative.

    (Ord. of 1-9-90, § 11; Ord. of 2-25-92, § 11(C), (D), (F), (G), (J); Ord. of 2-14-95, § 14; Ord. of 1-26-99; Ord. of 2-8-00)

    Sec. 134-343.  Bonds and insurance.

    All persons engaged in the business of erecting, installing, altering, relocating, constructing or maintaining signs for compensation must show proof of a code compliance bond in the amount of $10,000.00 as described in section 18-1, and possess a current business license at the time any sign permit is obtained.  Such bond shall cover compliance with Cobb County ordinances.

    (Ord. of 1-9-90, § 12; Ord. of 2-25-92, § 12; Ord. of 2-14-95, § 15; Ord. of 6-24-97 (eff. 7-1-97))