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ORDINANCE 09 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CERTAIN SECTIONS WITHIN CHAPTER 30 OF THE CITY OF ELK RIVER CODE OF ORDINANCES PERTAINING TO SIGNS Case No. OA 09 -01 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Sections 30 -854, 30 -8555 30 -856, 30 -8573 30 -858, 30 -859, 30 --860, 30 --861, 30 --8623 30 -865, 30 -866 and 30 --867 of the City of Ells River Code of ordinances shall be amended to read as follows: Sec. 30 -854. Nonconforming signs. �a }ligibiliy for legal nonconfonaing status. Existing signs which do not conform to the specific provisions of this subdivision may be eligible for the designation "legal nonconforming" provided that: (1) The City Administrator, or designee, determines that such signs are properly maintained and do not in any way endanger the public. (2) The sign was authorised by a valid permit or variance or complied with all applicable laws prior to June 18, 1990, the date of adoption of the ordinance from which this subdivision is derived. (b) 1-,oss of legal nonconforming status. A legal nonconforming sign may lose this designation if the sign is relocated, replaced, altered, or damaged by more than 50 percent, other than for change of copy or normal maintenance. (c) Maintenance and repair A legal nonconformii-ig sign is subject to all requirements of this subdivision regarding safety, maintenance, and repair. (d) Relocation or Alteration. The city council may, upon application of a property owner, permit the Alteration or relocation of a legal nonconforming sign if, after a public hearing by the planning commission and city council, the council determines that total compliance with the current sign regulations is not reasonable but the Alteration or relocation of the nonconforming signs is in greater conformity with the existing sign regulations and is in the best interest of the community. (Code 1982, 5 900.22(5 )} Sec. 30 -855. Appeals. Any failure to respond to an application within 14 days of receipt or any decision rendered by the City Administrator, or designee, in denying a permit or in alleging a violation of this subdivision inay be appealed as provided in subdivision II of division 2 of this article. (Code 1982, 5 900.22(7) M) Sec. 30 -856. Notice of violation; order to repair or remove sign. In addition to the remedies authorized in section 30 --576, the city may cause the following action to be taken: (1) When, in the opinion of the City Administrator, or designee, a violation of the Code exists, the City Administrator, or designee, shall issue a written order to either the owner of the sign or the owner of the property on which the sign is placed. The order shall specify those sections of the Code involved, shall describe the violation and shall direct that the violation be corrected within 30 days from the date of the order. (2) If, upon inspection, the City Administrator, or designee, finds that a sign is abandoned or is structurally or electrically defective, or in any way endangers the public, the City Administrator, or