105 Ind. Admin. Code 7-4-4

Current through October 23, 2024

Section 105 IAC 7-4-4 - Documentation evidencing consent of property owner; transfer of ownership of the sign

Authority: IC 8-23-2-6; IC 8-23-20-25

Affected: IC 8-23-20

Sec. 4.

(a) It is unlawful for any sign to be erected without the lawful permission or consent of the property owner. Any sign so erected is an illegal sign and any permit for such sign shall be revoked by the department.

(b) The applicant for any sign permit shall provide to the department written evidence, in affidavit form and in substance similar to section 3(a)(6) of this rule or otherwise reasonably satisfactory to the department, that the property owner has consented to the erection of the sign at that location. Failure of the applicant to do so will result in the department denying that application.

(c) In the event the sign or the permit for the sign is sold by the permittee, the permittee or transferee shall complete and submit to the department information about the transfer and the transferee on a form prescribed by the department. This form shall be accompanied by a transfer fee in the amount of forty dollars ($40) and is due within one hundred eighty (180) days of the effective date of the transfer. Except as provided in this subsection:

(1) transfers of ownership of a sign that have occurred and for which equivalent information about the transfer and the transferee have been provided to the department's reasonable satisfaction prior to the adoption date of this subsection shall not require the submission of a transfer form or the payment of a transfer fee; and

(2) transfers of ownership of a sign that have occurred prior to the adoption date of this subsection, but for which equivalent information about the transfer and the transferee have not been provided to the department's reasonable satisfaction, shall submit a transfer form within one (1) year of the adoption date of this subsection and pay a transfer fee in the amount of forty dollars ($40). If any transfer form and transfer fee required by this subdivision is not timely received by the department, then the permittee and the transferee shall jointly and severally owe the department a late fee of one hundred dollars ($100) per month from the due date of such form and fee until they are both received by the department, but subject to a maximum late fee of four hundred dollars ($400) for any particular sign. Failure of the permittee or the transferee to submit this transfer form and to pay this transfer fee in a timely manner shall be a sufficient ground for the department to revoke any permit for that sign, but the permittee or the transferee may prevent this revocation by submitting the completed transfer form and paying the transfer fee and all late fees within thirty (30) days of the date of the department's revocation notice.

105 IAC 7-4-4

Filed 7/24/2019, 8:08 a.m.: 20190821-IR-105170337FRA