37 Miss. Code R. § 1-7501-09002-1306

Current through August 31, 2024
Section 37-1-7501-09002-1306

The rules and regulations set out under this rule will be administered and penalties applied as follows:

1. The Permit Officer for Control of Outdoor Advertising shall be responsible for investigating and gathering all evidence pertinent to any violation hereunder.
2. Upon completing his investigation, the Permit Officer for Control of Outdoor Advertising shall inform the State Permit Officer of the violation in writing and shall set out in said document all facts and circumstances, which support or refute the reported violation.
3. Upon receiving said written document, the State Permit Officer shall make a determination as to whether a violation has occurred. The State Permit Officer may notify the responsible party of the violation and may request a response from that individual or company.
4. If the State Permit Officer determines that a violation has occurred, he shall contact the State Maintenance Engineer who will determine the appropriate penalty to be assessed against the owner of said sign company. The State Maintenance Engineer shall have the discretion to make said determination of penalty. Once the penalty is determined, the State Maintenance Engineer shall inform the owner who committed the violation by letter of the violation and penalties to be assessed. A copy of the report prepared by the Permit Officer for Control of Outdoor Advertising shall be attached to said letter.
5. The penalties which may be assessed against the violator include the following:
a. Payment for any physical damage may include costs to repair fences, ruts, etc. If timber is cut, it will be assessed at the higher of its saw log, pulpwood or landscape value along with statutory penalties.
b. Suspension of the permit for periods of up to six (6) months.
c. Probation for the violating firm for a period of up to twelve (12) months, further violations during the probation period will cause additional penalties.
d. Revocation of the permit. Under revocation, it is intended that the violator will not be eligible for a re-issued permit at the same site. The site will include the boundaries of the violation plus the applicable spacing distance.
e. Suspension of the site eligibility for periods up to duration of the violator's leasef. Suspension of the violating firm for periods up to twelve (12) months and/or bond forfeiture. During such suspension, the firm will be ineligible for permits.
g. A moratorium may be declared as to permits for the site for an established period. The site will include the boundaries of the violation plus the applicable spacing distance.
h. Under no circumstances will a revoked permit be reinstated until the owner of said permit has accepted and complied with the penalties imposed hereunder. The time for service of any suspension or moratorium will be tolled until the owner accepts and complies with said penalties.
i. Removal of the sign at the owner's expense
6. Should the violating firm desire to have an administrative review of the imposition of these penalties, it may do so as set out in Section 1800 hereof.

37 Miss. Code. R. § 1-7501-09002-1306

Amended 5/27/2021