SECTION 21.205. Curable Commercial Sign Permit Violations

(a) A permit holder commits a curable violation if the permit holder:

(1) abandons a sign, as determined under §21.181 of this subchapter (relating to Abandonment of Sign);

(2) erects an otherwise conforming sign structure that is not on the parcel of land indicated on the permit;

(3) erects a sign structure at a location that does not meet all spacing requirements of this subchapter or as described in the permit application;

(4) makes customary repairs or substantial changes to a conforming sign without obtaining a required amended permit under §21.174 of this subchapter (relating to Amended Permit);

(5) fails to establish legal access from private property in accordance with §21.167 of this subchapter (relating to Erection and Maintenance from Private Property);

(6) violates any of the provisions of §21.190 of this subchapter (relating to Lighting of and Movement on Commercial Signs); or

(7) violates §21.189 of this subchapter (relating to Commercial Sign Height Restrictions).

(b) The department will notify the permit holder in writing of a violation of this section and will give the permit holder 60 days, beginning on the date of receipt of notice of the violation, to correct the violation, provide proof of the correction, and if required, obtain an amended permit from the department.

(c) Examples of proof of correction of a violation include:

(1) acceptable photographs; and

(2) current survey documentation.

(d) If a permit holder who violates this section fails to correct the violation in accordance with this section, the department will cancel the permit in accordance with §21.176 of this subchapter (relating to Cancellation of Permit).

Source Note: The provisions of this §21.205 adopted to be effective March 14, 2018, 43 TexReg 1446