§ 23-610. Violations and civil penalties.

(a)

If a sign or object is placed or erected in the County right-of-way in violation of any of the requirements of the applicable ordinances existing at the time of its erection or placement, the person who erected or placed the sign or object and the person who is presumed to own the sign or object are subject to a civil fine of one hundred dollars ($100) for the first violation, five hundred dollars ($500) for the second violation, and one thousand dollars ($1,000) for the third and subsequent violations and shall be liable for all costs incurred by the County to remove such sign or object. The civil fine shall continue to accrue on a daily basis until the sign or object is removed.

(b)

The County may recover all civil penalties and costs of removal of illegal signs or objects through an action in law.

(c)

In an action in law to recover civil penalties or cost for the removal of signs or objects in the public rights-of-way, an affidavit by the Director or the Director's designee that describes the illegal sign or object in the public right-of-way, the removal of such sign or object by the Department, the amount of civil penalties, and the costs of removal incurred by the Department shall be deemed prima facie evidence entitling the County to judgment and shall be accorded a strong presumption of correctness and validity, absent clear and convincing evidence to the contrary provided by the defendant.

(CB-24-2009)