P.R. Laws tit. 9, § 56c
The Regulations and Permits Administration is hereby empowered, pursuant to the provisions of this section, to confiscate or order the removal of any sign or advertisement installed in an illegal way.
The procedure to confiscate a sign or advertisement illegally installed shall be the following:
(a) ARPE shall notify the owner of the illegal sign or advertisement, and the owner or dweller of the property where the sign or advertisement is located, of its intention to confiscate the sign or advertisement if it is not legalized or removed within a term of sixty (60) days from the date said notice was made. ARPE shall state in the notice the reason why the sign or advertisement is illegal and the procedure to conform it to the provisions of this chapter. For the purpose of this subsection, conforming a sign or advertisement to the requirements established by ARPE; or presenting the corresponding draft when requesting a variation; or presenting an application for the installation of a sign or advertisement affected by the notification, shall be enough cause to halt the process of imposing fines or the proceedings of any legal action filed. In those cases where ARPE denies the permit applied for, and said denial becomes final and unappealable, the owner of the sign or advertisement affected by said decision, shall have five (5) days to remove it. Said five (5) days shall be computed after the date in which the denial becomes final and unappealable. If the sign or advertisement is not removed within said period, ARPE may proceed to its immediate removal.
(b) For the removal of a sign or advertisement, ARPE shall contract the services of any person with the sufficient knowledge and to remove it without damaging the property. ARPE or the person contracted for the removal of the sign or advertisement shall not be responsible for any damages caused to the sign or advertisement, or to a third party during its removal, transportation and storage, except when involving gross negligence or criminal intent. The owner of the sign or advertisement, as well as the owner or dweller of the property where it is located, shall be responsible for any of the damages caused to the sign or advertisement during the removal, transportation, storage of any illegal sign or advertisement.
(c) The owner of the removed sign or advertisement may request its devolution, within a term of ten (10) days from the date it was removed, upon payment of removal, transportation and storage costs. If the sign or advertisement is not claimed after the ten (10) -day term established in this subsection, ARPE shall become its owner and may dispose of it, as it so deems convenient.
(d) ARPE shall send by mail a certification to the owner of the illegal sign or advertisement, as well as the owner or dweller of the property where it is located, stating the confiscation date of said illegal sign or advertisement. ARPE shall also certify in said the letter the date it was mailed.
(e) Any person adversely affected by an action taken by ARPE pursuant to the provisions of this section, may file an appeal for review before the Circuit Court of Appeals, within a term of thirty (30) days after the date ARPE certifies having mailed the notification referred to in subsection (d) of this section.
History —Dec. 22, 1999, No. 355, § 30, eff. 60 days after Dec. 22, 1999.