Section 8: EnforcementAnchor: #i1002429
Before initiating an enforcement action under this section, the department will notify a sign owner in writing of the violation and will give the sign owner 60 days to correct the violation and provide proof of the correction to the department.
Upon determination that a permit should be canceled, the department will mail a notice of cancellation to the address of the record license holder. The notice must state:
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- the reason for the cancellation; Anchor: #WBQCQTCB
- the effective date of the cancellation; and Anchor: #PWBDDXVM
- the right of the permit holder to request an administrative hearing on the cancellation.
Request for Administrative Hearing
The holder of the permit will have an opportunity to request an administrative hearing if a sign permit is canceled. A request for an administrative hearing under this section must be in writing and delivered to the department within 45 days after the date that the notice of cancellation is received.
If timely requested, an administrative hearing will be conducted in accordance with this chapter and the cancellation will be abated until the cancellation is affirmed by order of the commission.Anchor: #i1002484
Removal of Sign
Upon written notification by the department, any off-premise sign, other than an exempt sign, erected on or after September 1, 1985, must be removed if:
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- the sign was erected or maintained without a permit; Anchor: #SWHACIFG
- the permit is not renewed; or Anchor: #SKJOWCXP
- the permit is revoked by the Executive Director or designee.
Signs erected prior to September 1, 1985, must be removed if the registration is not kept renewed.Anchor: #i1002514
Penalties for Violations
Any person who intentionally violates the Rural Road Act, Texas Transportation Code, Chapter 394, or any of TxDOT's rules thereunder, is liable to the State for a civil penalty of not less than $150.00 nor more than $1,000.00. A separate penalty may be collected for each day on which a continuing violation occurs.
In lieu of a suit to collect a civil penalty, the Texas Transportation Commission, after notice and an opportunity for a hearing before the Commission, may impose an administrative penalty against a person who intentionally violates the Rural Road Act or a rule adopted by the Commission. Each day a violation continues is considered a separate violation.
The amount of the administrative penalty may not exceed the maximum amount of a civil penalty that may be imposed under Transportation Code, §391.081 and will based on the following:
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- $150 for not having a permit plate attached to the sign structure; Anchor: #PACCIFIU
- $250 for a sign not having been properly registered; Anchor: #QPKLOKFG
- $250 for erecting a sign at the location other than the location specified on the permit application, except that if the actual sign location does not conform then the department will seek cancellation of the permit; Anchor: #RPRADQAK
- $500 for maintaining or repairing signs form the state right of way or for performing maintenance on a conforming sign without first obtaining an amended permit; Anchor: #WWGMMOKC
- $1,000 for erecting a sign form the right of way.
Displacement of Signs Outside Highway ROW under the Highway Beautification Act
Current TxDOT policy is to use no funds to acquire outdoor advertising signs under the Highway Beautification Act of 1965.