(1) Any
sign erected or maintained contrary to the provisions of this
chapter or rules adopted hereunder that is designed to be viewed
from the interstate system, the primary system, or the scenic
system is a public nuisance, and the department, the chief of the
Washington state patrol, the county sheriff, or the chief of
police of any city or town shall notify the permittee or, if
there is no permittee, the owner of the property on which the
sign is located, by certified mail at his last known address,
that it constitutes a public nuisance and must comply with the
chapter or be removed.
(2) If the permittee or owner, as the case may be, fails to
comply with the chapter or remove any such sign within fifteen
days after being notified to remove the sign he is guilty of a
misdemeanor. In addition to the penalties imposed by law upon
conviction, an order may be entered compelling removal of the
sign. Each day the sign is maintained constitutes a separate
offense.
(3) If the permittee or the owner of the property upon which
it is located, as the case may be, is not found or refuses
receipt of the notice, the department, the chief of the
Washington state patrol, the county sheriff, or the chief of
police of any city or town shall post the sign and property upon
which it is located with a notice that the sign constitutes a
public nuisance and must be removed. If the sign is not removed
within fifteen days after such posting, the department, the chief
of the Washington state patrol, the county sheriff, or the chief
of police of any city or town shall abate the nuisance and
destroy the sign, and for that purpose may enter upon private
property without incurring liability for doing so.
(4) Nothing in this section may be construed to affect the
provisions contained in RCW 47.42.102 requiring the payment of
compensation upon the removal of any signs compensable under
state law.
(5) Any sign erected or maintained on state highway
right-of-way contrary to this chapter or rules adopted under it
is a public nuisance, and the department is authorized to remove
any such sign without notice.
[1985 c 376 § 6; 1984 c 7 § 227; 1975-'76 2nd ex.s. c 55 § 1; 1971 ex.s. c 62 § 10; 1961 c 96 § 8.]
NOTES:
Legislative intent -- 1985 c 376: See note following RCW 47.42.020.
Severability -- 1984 c 7: See note following RCW 47.01.141.