105 IAC 7-4-15 - Revocation of permit; appeal of revocation; removal of illegal signs as public nuisances
Authority: IC 8-23-2-6; IC 8-23-20-25
Affected: IC 4-21.5; IC 8-23-20
Sec. 15.
(a) A permit
for a sign may be revoked for the following:
(1) Pursuant to this rule.
(2) If the sign has been altered such that it
is no longer in compliance with:
(A) the size
and configuration restrictions in section 16 of this rule;
(B) the spacing criteria in section 17 of
this rule;
(C) the lighting
criteria in section 18 of this rule; or
(D) the miscellaneous criteria in section 19
of this rule.
(3)
Mistake of material facts by the issuing authority for which had the correct
facts been made known, the outdoor advertising permit in question would not
have been issued.
(4)
Misrepresentation of material facts made by the permit holder or sign owner and
on which the issuing authority was found to have relied upon in approving the
outdoor advertising permit application.
(5) Misrepresentation of facts made by the
applicant to any regulatory authority with jurisdiction over the sign by the
permit holder or sign owner.
(6)
Failure to complete construction of a structure within three hundred sixty-five
(365) days from the date of issuance of the outdoor advertising
permit.
(7) Any alteration of an
outdoor advertising structure for which a permit has previously been issued
that would cause the outdoor advertising structure to fail to comply with the
provisions of
23 U.S.C.
131 *, as effective July 1, 2018.
(8) A determination upon initial inspection
of a newly erected outdoor advertising structure that fails to comply with
23 U.S.C.
131 *, as effective July 1, 2018, or this
section.
(9) Alterations to a
nonconforming sign that would cause it to be other than substantially the same
as it was on the date the sign became nonconforming. For purposes of this
subsection, alterations include:
(A) enlarging
a dimension of the sign facing, or raising the height of the sign;
(B) changing the material of the sign
structure's support;
(C) adding a
pole or poles;
(D) adding
illumination; or
(E) moving a sign,
unless the sign is relocated in accordance with IC
8-23-20-25.6(c)(2)
and section 24 of this rule.
(10) Failure to affix a permanent plate
within sixty (60) days after the erection of the outdoor advertising structure
that must be visible and readable from the main-traveled way or control
route.
(11) Unlawful destruction or
cutting of trees, shrubs, or other vegetation located on the state-owned or
controlled right-of-way to increase the visibility of an outdoor advertising
structure.
(12) Failure to possess
lawful access to repair, construct, maintain, or service an outdoor advertising
sign on interstate, state highway, or other controlled access facilities.
Direct access to a sign from any state highway, interstate, or limited access
control route is strictly prohibited.
(13) Failure to maintain a nonconforming sign
such that it remains blank for a period of twelve (12) consecutive
months.
(14) Maintaining an
abandoned, damaged, or discontinued nonconforming sign.
(15) Failure to notify the department of
transfer of ownership within one hundred eighty (180) days from the effective
date of transfer.
(16) Failure to
obtain and maintain all required permits from a federal, state, or local
agency.
(17) Any alteration of an
outdoor advertising structure for which a permit has previously been issued
that alters the structure (size, material, supports, lighting, or modification
to changeable message sign) without having an approved addendum by the
department.
(18) Failure to erect,
maintain, or alter an outdoor advertising sign structure in accordance with the
permit.
(19) If inconsistent with
other federal law or state law.
(b) If revocation of the permit is
appropriate, the department shall issue a written notice of revocation,
accompanied by an explanation of the rationale for the revocation, which shall
be sent to the permittee and the property owner by U.S. certified mail. The
permittee or the property owner may appeal this revocation by delivering a
written notice of the appeal to the department and is received by the
department in accordance with the applicable time period set forth in IC
4-21.5. If the appellant's appeal letter is timely received by the department
and complies with the requirements in section 12(c) of this rule, the permittee
or the property owner so appealing shall be afforded the opportunity for a
hearing under IC 4-21.5 and IC 8-23-20.
(c) A conforming sign issued a permit under
this rule may have such permit modified to a conditional permit for a
nonconforming sign, if the department determines that changed circumstances
would preclude the issuance of a permit for a conforming sign under section
13(1) of this rule. Notice of this modification shall be given as provided in
subsection (b). If the permit is so modified, the requirements of section 13 of
this rule thereafter apply to that sign.
(d) All signs that were erected, repaired,
maintained, or exist in violation of any provision of federal law or state law
(including this rule) are illegal signs and public nuisances. The permit for
any illegal sign may be revoked at any time by the department in accordance
with this rule and state law.
(e)
If the permit for any sign is revoked by the department, that sign shall
thereafter be removed in accordance with this rule and state law without
payment of any compensation to the permittee, to the property owner, or to any
other party, except as provided in IC 8-23-20 -26.
*These documents are incorporated by reference and refer to the laws or regulations, or both, effective as of July 1, 2018. Copies may be obtained from the Government Publishing Office, www.govinfo.gov, or are available for review at the Indiana Department of Transportation, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Seventh Floor, Indianapolis, Indiana 46204.
Notes
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