§ 25-10-236. REVOCATION AND SUSPENSION.

(A)

The Board of Adjustment may suspend or revoke the registration of a person after determining that the person is guilty of:

(1)

fraud or deceit in registering under this article;

(2)

allowing a person other than the registrant who obtained the sign installation permit, or an employee acting under the direct supervision of that person, to perform work for which that permit is required;

(3)

gross negligence, incompetency, or misconduct in the performance of sign work;

(4)

intentionally making a false or misleading material statement on the application for a sign installation permit or in providing facts to support the building official's determination that a particular sign is a nonconforming sign;

(5)

installing, moving, or structurally altering or repairing a sign in violation of this chapter; or

(6)

failing to maintain the insurance required by this article.

(B)

This subsection prescribes the procedure by which the Board of Adjustment shall determine whether a registrant has violated a provision of Subsection (A).

(1)

If the Board of Adjustment receives sworn information alleging a violation from a person of sound mind and legal age, the Board of Adjustment shall determine whether the information is sufficient to support further action in its part.

(2)

If the Board of Adjustment determines that the information supports further action, it shall schedule a public hearing on the allegation.

(3)

Notice of the date, time, and place of the hearing shall be mailed to the registrant by registered mail, not less than 15 days before the date of the hearing.

(4)

The registrant may appear in person or be represented by counsel to present a defense to the Board of Adjustment. If the registrant does not appear, the Board of Adjustment may hear evidence and make a determination on the allegation in the registrant's absence.

(5)

If the registrant admits the violation, or if the Board of Adjustment, by at least a two-thirds vote, determines that the allegation is true, the Board of Adjustment shall suspend or revoke the registration. A suspension shall be for a period of not less than 30 days and not more than 180 days.

(6)

When the Board of Adjustment has completed its hearing, it shall file a record of its determination with the city clerk and forward a certified copy of its finding and decision to the registrant.

(C)

The Board's decision may be appealed to the city council in accordance with Chapter 25-1, Article 7, Division 1 ( Appeals ).

(D)

A person whose registration is revoked may not register for a period of one year after the revocation.

Source: Section 13-2-909; Ord. 990225-70; Ord. 031211-11; Ord. No. 20141211-204, Pt. 23, 7-1-15.