(1)Any outdoor
advertising device which does not comply with this part 4 and the rules and
regulations issued by the department shall be subject to removal as provided in this
section.
(2)(a) If no permit has been obtained for the advertising device as required
by this part 4, the department shall give written notice by certified mail to the
owner of the property on which the advertising device is located informing the
landowner that the device is illegal and requiring the landowner within sixty days of
receipt of the notice to remove the device, execute an affidavit under the penalty of
perjury as evidence that said device is not an advertising device as defined in
section 43-1-403 (1), or obtain a proper permit. The written notice must advise the
owner of the right to reques
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(1) Any outdoor
advertising device which does not comply with this part 4 and the rules and
regulations issued by the department shall be subject to removal as provided in this
section.
(2) (a) If no permit has been obtained for the advertising device as required
by this part 4, the department shall give written notice by certified mail to the
owner of the property on which the advertising device is located informing the
landowner that the device is illegal and requiring the landowner within sixty days of
receipt of the notice to remove the device, execute an affidavit under the penalty of
perjury as evidence that said device is not an advertising device as defined in
section 43-1-403 (1), or obtain a proper permit. The written notice must advise the
owner of the right to request the department to conduct a hearing.
(b) If no application for renewal of a permit is received by the department as
required by this part 4, the department shall give written notice by certified mail to
the permittee requiring him within sixty days of receipt of the notice to apply for a
renewal permit and pay an additional late fee of fifty dollars or remove the
advertising device and advising him of the right to request the department to
conduct a hearing.
(c) If the department determines that an application for renewal permit
should be denied or that an existing permit should be revoked, the department shall
give written notice by certified mail to the applicant or permittee specifying in what
respect he has failed to comply with the requirements of this part 4 and requiring
him within sixty days of receipt of the notice to remove the device or correct the
violation if correction is permissible pursuant to this part 4 and advising him of the
right to request the department to conduct a hearing.
(3) A request for a hearing shall be made in writing and must be received by
the department no later than sixty days after receipt of notice. Such hearings shall
be held pursuant to the State Administrative Procedure Act.
(4) After the sixty-day notice period has expired, the department is
authorized to make a determination with or without hearing that the device is or is
not in compliance with this part 4. If the department determines the device is not in
compliance with this part 4 and the rules and regulations promulgated under this
part 4, it shall issue an order setting forth the provisions violated, the facts alleged
to constitute the violation, and the time by which the device must be removed at the
party's expense. The order shall be served upon the party by certified mail.
(5) If the party does not remove the device as ordered, the department is
authorized to remove the device forthwith. If the landowner does not consent to
entry upon the land by the department to remove the device and no party has
sought judicial review pursuant to the State Administrative Procedure Act, the
department may apply to a court of competent jurisdiction for an order allowing the
department to enter upon the land for the purpose of removing the device
forthwith. The court shall issue such order upon proof the device has not been
removed and judicial review has not been sought.
(6) Upon removal of an advertising device pursuant to this section, neither
the owner of the property upon which the advertising device was erected nor the
department shall be liable in damages to anyone who claims to be the owner of the
advertising device who has not obtained a permit. The department shall not be
responsible for damages otherwise created by the removal of said advertising
device or for its destruction subsequent to removal.