US Laws, Codes, Statutes & Cases

§ 5516.12. Grounds for disapproval, cancellation or revocation of permit; notice of required remedial action; removal.
 

The director of transportation may disapprove, cancel, or revoke any permit requested or issued under this chapter if the director determines any of the following: 

(A) That the application for the permit contains materially false, misleading, or inaccurate information; 

(B) An advertising device has been erected or maintained contrary to the terms and conditions of the permit; 

(C) The required fee has not been paid; 

(D) That the location does not conform to the laws and rules of the state; 

(E) That any other provisions of this chapter or the rules adopted thereunder have been violated. 

The director shall give thirty days' notice, by certified mail, to the owner or lessee of the land on which such advertising device is located and to the owner of such advertising device, if known. If the owner of such advertising device is unknown, the director shall make a reasonable attempt to ascertain the identity of such owner. 

Such notice may specify any remedial action that is required to correct any false or misleading information or other violation of this chapter and advise that failure to take the remedial action within thirty days may result in denial, cancellation, or revocation of the permit and removal of the advertising device. The written notice shall further state that the applicant, or owner of the advertising device, or the owner or lessee of the land on which the advertising device is located, has a right to an adjudication hearing pursuant to section 119.06 of the Revised Code, which request must be filed with the director within thirty days after the receipt of the written notice. If a hearing is requested, it shall be conducted in accordance with the provisions of sections 119.01 to 119.13 of the Revised Code and any rules adopted by the director establishing procedures for such hearings. 

Upon the expiration of the thirty days' notice, if no request for an adjudication hearing has been filed with the director, the director may declare the advertising device to be a public and private nuisance and order its removal. Removal of the advertising device shall proceed in accordance with divisions (B) and (C) of section 5516.04 of the Revised Code. 
 

HISTORY: 134 v S 361 (Eff 12-7-71); 135 v H 200 (Eff 9-28-73); 145 v H 154 (Eff 6-30-93); 147 v H 210. Eff 6-30-97.
 

The effective date is set by section 21 of HB 210.