Section 4: Cancellation of Permits

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The department will cancel a permit if the sign:

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  • is removed;
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  • is not maintained in accordance with the applicable statutes and Commission rules;
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  • is damaged beyond the repair threshold described under Discontinuance of Sign Due to Destruction ;
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  • is abandoned;
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  • is not built within twenty feet of the location described in the permit application or is built within twenty feet of the location described in the permit application but at a location that does not meet all spacing requirements;
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  • is repaired or altered without first obtaining a required amended permit;
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  • is built by an applicant who uses false or materially misleading information on the permit application;
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  • is located on property owned by a person who withdraws, in writing, the permission to occupy the property;
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  • is located in an unzoned commercial or industrial area and the department has evidence that an activity supporting the unzoned commercial or industrial area was created primarily or exclusively to qualify the area as an unzoned commercial or industrial area, and that no business has been conducted at the activity site within one year, or;
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  • is erected, repaired, or maintained from highway right of way;
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  • has been made more visible by the permit holder clearing vegetation from the highway right of way; or
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  • does not have permit plates properly attached to the sign.

Before initiating an enforcement action under this section, the department will notify the sign owner in writing of the violation and will give the sign owner sixty (60) days to correct the violation and provide proof of the correction the department.

If the department determines that a permit should be canceled, a notice will be mailed to the last known address of the permit holder by certified mail. The notice will clearly state the:

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  • reasons for the cancellation;
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  • effective date of the cancellation; and
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  • right of the permit holder to request an administrative hearing. The request for the hearing must be made in writing and delivered to the department within forty-five(45) days after the date that the notice of cancellation is received.

Upon written notification by the department, the owner of a sign is required to remove the sign at no cost to the State if a:

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