NAC410.775. Violation of chapter.

     1. The Department will issue a notice of violation to the owner of a sign that is erected without a permit in violation of the provisions of this chapter. The notice will be delivered by certified mail or by posting the notice on the sign.

     2. The owner of the sign, landowner or other person responsible for erecting the sign shall, within 30 days after receiving the notice issued pursuant to subsection 1:

     (a) Obtain a permit for the sign, if the sign qualifies for a permit; or

     (b) Remove the sign.

     3. If a permit is not obtained or the sign is not removed within the time required by subsection 2, the Department will remove the sign. The owner of the sign, landowner or other person responsible for erecting the sign shall pay the cost of removal to the Department. The Department will store the sign for the 30 days immediately following removal, during which time the sign may be claimed upon payment of the cost of removal and any costs associated with the removal and storage of the sign and the collection of the cost of removal. A sign that is not claimed within 30 days after removal shall be deemed the property of the Department and may be disposed of by the Department. Any money received from the disposal will be credited first towards the costs of removal and storage of the sign. Money in excess of such costs will be deposited with the State Treasurer for credit to the State Highway Fund to offset the cost of issuing permits for signs. If the income generated from the disposal of the sign does not meet or exceed the costs of removal and storage of the sign and the cost of collecting the cost of removal, the owner of the sign, landowner or other person responsible for erecting the sign shall pay the remaining costs.

     4. Any dispute arising out of the ownership of the sign must be resolved by an appeal to the Director who will cause the ownership of the sign to be investigated. The costs required to be paid by subsection 3 will be abated until ownership is determined. Ownership of the sign must be proven to the satisfaction of the Director. If the Director determines that the person who has been charged for the costs of removal and storage does not own the sign, the person is not liable for the costs required to be paid pursuant to subsection 3.

     (Added to NAC by Dep’t of Transportation by R058-97, eff. 12-11-98)