Title 32, Chapter 6, Section 96
( 32-6-96)
(a) After notifying the landowner by registered or certified mail or
statutory overnight delivery, in cases where an administrative order
has been issued by the commissioner or his designee, hearing
officer, or others requiring the removal of an illegal outdoor
advertising sign and the order has become a final decision, the
department shall be authorized to enter upon privately owned lands
for the purposes of effectuating the administrative order requiring
disassembly and removal of illegal signs, provided the order issued
authorizes this action by the department. (b) The disassembly and removal of any illegal sign by the
department shall begin only after an inspection of the sign site has
been made by an employee of the department and it is found that the
sign has not been removed and an affidavit of the employee
reflecting this finding has been filed by the department in the
closed administrative record in the case. When the department
disassembles and removes a sign, it shall be done as expeditiously
as reasonably possible during daylight hours of regular working
days, and it shall be done in a manner so as to cause as little
inconvenience to the property owner as is possible under the
circumstances. The outdoor advertising sign shall be removed to the
nearest convenient field or district office of the department which
is suitable for storage of the sign. (c) An itemization of the expenses incurred by the department for
the disassembly, removal, transportation, and storage may be kept
and a statement for the expenses incurred may be sent via certified
mail or statutory overnight delivery to the party or parties against
whom the order requiring the disassembly and removal is directed.
It shall be the duty of the party or parties to reimburse the
department for the expenses incurred by the department for the
disassembly, removal, transportation, and storage of the sign. In
the event the expenses are not paid in full within 30 days of
receipt of the itemized statement, the department in its discretion
may: (1) Institute a civil action to recover these unpaid expenses; (2) Utilize any other collection procedures authorized by law; or (3) Refuse to issue a permit or permits to the party or parties
from whom the expenses are due for any outdoor advertising site
until such expenses are paid. However, if the party or parties dispute the itemized amount or dispute that the expenses are due, the party or parties may deposit the sum claimed due with the department or post a bond with good security in an amount equal to the sum claimed due, such bond to be approved by the department, and the party or parties shall then request a hearing and the controversy shall be decided in accordance with Code Sections 50-13-13 through 50-13-18. Until such a final determination is made, the department shall not refuse to issue a permit or permits. (d) If the party or parties against whom the order is directed pay
the itemized expenses within 30 days from the receipt of the
statement and requests the right to retrieve the stored remains of
the sign at the time of payment, the department shall allow the
party or parties to retrieve the sign remains within a reasonable
period of time. If the party or parties against whom the order is
directed fail to pay the itemized expenses within 30 days of the
receipt of the statement, or if they timely pay the expenses but
fail to request the right to retrieve the sign remains within a
timely period or, if after making a timely request they fail to
retrieve the sign remains within a timely period, then the
department is authorized to dispose of the stored signs, or remnants
thereof, in any lawful manner the department deems appropriate. Any
other provisions of this or any other law to the contrary
notwithstanding, any party or parties against whom any order is
issued shall have the right to seek relief directly in the superior
court. |