La. Admin. Code tit. 70 § III-144

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-144 - Penalties for Illegal Outdoor Advertising Signs

A. An outdoor advertising sign is deemed to be illegal for the purpose of issuing penalties if:

1. the owner has received a certified letter from the department under the provisions of R.S. 48:461.7 and has failed to respond within the time allotted; or

2. the owner has received a certified letter from the department provided for in R.S. 48:461.7; received a permit review as provided for hereafter, with a ruling of illegality by the permit review committee; and failed to appeal to a court of competent jurisdiction;

3. the owner replied to the certified letter provided for in R.S. 48:461.7; received a permit review as provided for hereafter; received a ruling of illegality by the permit review committee; appealed said ruling to a court of competent jurisdiction and a final ruling of illegality was rendered by the court.

B. Penalties

1. If the owner fails to reply to the notice within 30 days, as set forth in §144. A 1, then the owner shall be assessed a penalty of $100 per day for each day that the violation continues to occur, said fine to begin on the date specified in said notice.

2. If the owner requests and receives a permit hearing as provided for in §144 D, and the hearing results in a finding that the owner's device is illegal, and he fails to appeal said finding to a court of competent jurisdiction, the owner shall be assessed a penalty of $100 per day for each day that the violation occurred and continues to occur following the 30-day written notice of the ruling of the permit hearing.

3. If the owner receives and appeals the ruling of the permit hearing to a court of competent jurisdiction and receives a final ruling of illegality rendered by a court of competent jurisdiction, then the owner shall be assessed a penalty of $100 per day for each day that the violation occurred and continues to occur. Said penalty shall be retroactive to the date 30 days after written notice of the ruling of the permit hearing.

C. An applicant who requests an outdoor advertising permit for a sign erected without a permit (even though permittable) shall be assessed a surcharge in addition to the permit fee in a sum equal to three times the permit fee.

D. There is hereby created within the Department of Transportation and Development a permit review process which is available to permit applicants who have received notification that the department intends to remove their outdoor advertising signs or deny future permits.

1. Composition of the Permit Review Committee. The permit review committee shall be composed of representatives of the following divisions within the Department of Transportation and Development:

a. Traffic Services and/or Maintenance Division;

b. Legal Division;

c. Office of District Traffic Operation Engineer (office of particular district in which the sign is located) (nonvoting);

d. Traffic Engineering or their designated representative.

2. Authority of the Permit Review Committee. The committee, pursuant to a majority vote, may arbitrate and resolve disputes which arise during the permit process and grant or deny relief to petitioning permittees.

3. The permittee shall bring his complaint before the permit review committee no later than 30 days after notification to remove the illegal sign, or no later than 30 days after receipt of a permit denial, whichever is applicable, in order to receive a permit review.

4. Duties of the Permit Review Committee. The permit review committee must meet in a timely fashion to review all protests filed by permittees. The permit review committee must give each protester due notice of meeting time and place. The permit review committee must notify the permittee of its action with 14 working days of its meeting.

5. Rights of the Protesting Permittee. The permittee shall submit, in writing, his protest and all pertinent exhibits. Such submittal must be received five days before the review committee meeting. The committee, in its discretion, may waive these requirements in particular circumstances in order to provide a fair hearing. The permittee may appear before the permit review committee to offer a brief explanation of his grievance.

6. Permittee's failure to submit an appeal in a timely manner shall constitute a waiver of the permit review process.

E.Section 144 shall apply to any illegal sign installed prior or subsequent to its promulgation as a final rule.

La. Admin. Code tit. 70, § III-144

Promulgated by the Department of Transportation and Development, Office of Highways, LR 24:960 (May 1998), amended by the Department of Transportation and Development, Office of Highways/Engineering, LR 29:2856 (December 2003), LR 37:919 (March 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:461 et seq.