Section 43-1-412 - Notice of noncompliance - removal authorized(1) Any outdoor advertising device which does not comply with this part 4 and the rules and regulations issued by the department shall be subject to removal as provided in this section.(2)(a) If no permit has been obtained for the advertising device as required by this part 4, the department shall give written notice by certified mail to the owner of the property on which the advertising device is located informing the landowner that the device is illegal and requiring the landowner within sixty days of receipt of the notice to remove the device, execute an affidavit under the penalty of perjury as evidence that said device is not an advertising device as defined in section 43-1-403 (1), or obtain a proper permit. The written notice must advise the owner of the right to request the department to conduct a hearing.(b) If no application for renewal of a permit is received by the department as required by this part 4, the department shall give written notice by certified mail to the permittee requiring him within sixty days of receipt of the notice to apply for a renewal permit and pay an additional late fee of fifty dollars or remove the advertising device and advising him of the right to request the department to conduct a hearing.(c) If the department determines that an application for renewal permit should be denied or that an existing permit should be revoked, the department shall give written notice by certified mail to the applicant or permittee specifying in what respect he has failed to comply with the requirements of this part 4 and requiring him within sixty days of receipt of the notice to remove the device or correct the violation if correction is permissible pursuant to this part 4 and advising him of the right to request the department to conduct a hearing.(3) A request for a hearing shall be made in writing and must be received by the department no later than sixty days after receipt of notice. Such hearings shall be held pursuant to the "State Administrative Procedure Act".(4) After the sixty-day notice period has expired, the department is authorized to make a determination with or without hearing that the device is or is not in compliance with this part 4. If the department determines the device is not in compliance with this part 4 and the rules and regulations promulgated under this part 4, it shall issue an order setting forth the provisions violated, the facts alleged to constitute the violation, and the time by which the device must be removed at the party's expense. The order shall be served upon the party by certified mail.(5) If the party does not remove the device as ordered, the department is authorized to remove the device forthwith. If the landowner does not consent to entry upon the land by the department to remove the device and no party has sought judicial review pursuant to the "State Administrative Procedure Act", the department may apply to a court of competent jurisdiction for an order allowing the department to enter upon the land for the purpose of removing the device forthwith. The court shall issue such order upon proof the device has not been removed and judicial review has not been sought.(6) Upon removal of an advertising device pursuant to this section, neither the owner of the property upon which the advertising device was erected nor the department shall be liable in damages to anyone who claims to be the owner of the advertising device who has not obtained a permit. The department shall not be responsible for damages otherwise created by the removal of said advertising device or for its destruction subsequent to removal.Amended by 2021 Ch. 388, §6, eff. 6/30/2021.L. 81: Entire part R&RE, p. 2014, § 1, effective July 1. L. 2021: (2)(a) amended, (SB 21-263), ch. 2591, p. 2591, § 6, effective June 30.This section is similar to former § 43-1-417 as it existed prior to 1981.
For the "State Administrative Procedure Act", see article 4 of title 24 .