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1. Variances. It is recognized that circumstances may exist from time to time where strict application <br />of the size, location and type of sign standards hereinafter specified for the various zoning districts <br />may be unreasonable or where literal enforcement of the regulations may work an unnecessary <br />hardship on the applicant. Variations from the standards are, therefore, permitted by issuance of a <br />variance by the city council upon recommendation of the planning commission that such <br />extenuating circumstances exist. Variances shall be considered according to the provisions of LEC <br />105.12.320. <br />2. Appeals. An applicant may appeal any decision of the planning community development director <br />to the board of adjustment and appeals according to the provisions of LEC 3.08.100. <br />o) Violations. <br />1. It shall be unlawful and a violation of this section for any person to maintain any prohibited sign, <br />to perform or order the performance of any act prohibited by this section, or to fail to perform any <br />act which is required by the provisions of this section. In the case of any such violation, each 24- <br />hour period in which such violation exists shall constitute a separate violation. <br />2. Any and all signs, erected, altered, or maintained in violation of this section, or any of the clauses <br />and provisions of the same, or in violation of any of the laws or ordinances of the city and/or the <br />state, are, and each of them is declared to be, a public nuisance and subject to enforcement. Any <br />such signs are erected, altered or maintained contrary to law shall be abated as a common nuisance <br />by the planning community development director. <br />p) Penalty. Any person who shall fail to comply with any of the provisions of this section shall be subject to <br />a penalty as prescribed by LEC 1.04.230. <br />q) Enforcement. <br />1. If the planning community development director or building official finds that any sign has been <br />erected, altered, or is being maintained in violation of this section, or is in an unsafe condition as <br />to be a menace to the safety, health, or welfare of the public, he they shall give written notice to <br />the owner thereof of the person entitled to possession of the sign and the owner of the real estate <br />upon which the sign is located. No notice shall be required for permitted temporary signs displayed <br />in violation of time limitations prior to taking enforcement action. <br />2. Said letter shall notify the owner, or person entitled to possession of the sign, of the specific <br />violation or violations and direct that alterations, repairs or removal, whichever may be applicable, <br />be made to bring said violations in conformance with the terms and conditions of this section. <br />3. In the event the person so notified fails or neglects to comply with or conform to the requirements <br />of such notice, the planning community development director or building official may file an <br />appropriate citation or complaint in an appropriate court of law or take whatever other legal action <br />may be necessary to cause such sign to be altered or removed. If a sign is considered abandoned, <br />the city, after notice, may remove such sign at the cost of the owner of the property upon which <br />the sign sits. An invoice for such costs shall be sent to the property owner and, if not paid, shall be <br />placed on the tax roll as a special charge pursuant to M.S.A. § 429.061.certified to the county for <br />collection with the property taxes. <br />r) Severability. If any section subsection, sentence, clause, or phrase of this Section is for any reason <br />held to be invalid, such decision shall not affect the validity of the remaining portions of this <br />Section. The City Council hereby declares that it would have adopted this Section in each section, <br />subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, <br />subsections, sentences, clauses, or phrases be declared invalid.