72-7-508 - Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial review -- Costs of removal -- Civil and criminal liability for damaging regulated signs -- Immunity for Department of Tr
72-7-508. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicialreview -- Costs of removal -- Civil and criminal liability for damaging regulated signs --Immunity for Department of Transportation.
(1) Outdoor advertising is unlawful when:
(a) erected after May 9, 1967, contrary to the provisions of this chapter;
(b) a permit is not obtained as required by this part;
(c) a false or misleading statement has been made in the application for a permit that wasmaterial to obtaining the permit; or
(d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe,or is otherwise in violation of this part.
(2) The establishment, operation, repair, maintenance, or alteration of any sign contraryto this chapter is also a public nuisance.
(3) Except as provided in Subsection (4), in its enforcement of this section, thedepartment shall comply with the procedures and requirements of Title 63G, Chapter 4,Administrative Procedures Act.
(4) (a) The district courts shall have jurisdiction to review by trial de novo all final ordersof the department under this part resulting from formal and informal adjudicative proceedings.
(b) Venue for judicial review of final orders of the department shall be in the county inwhich the sign is located.
(5) If the department is granted a judgment, the department is entitled to have anynuisance abated and recover from the responsible person, firm, or corporation, jointly andseverally:
(a) the costs and expenses incurred in removing the sign; and
(b) $100 for each day the sign was maintained following the expiration of 10 days afternotice of agency action was filed and served under Section 63G-4-201.
(6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,destroys, or uses any sign controlled under this chapter without the owner's permission is liableto the owner of the sign for treble the amount of damage sustained and all costs of court,including a reasonable attorney's fee, and is guilty of a class C misdemeanor.
(b) This Subsection (6) does not apply to the department, its agents, or employees ifacting to enforce this part.
Amended by Chapter 382, 2008 General Session