§ 445.8. Abandoned signs.
(a) Application. This section applies to signs erected or controlled under this chapter or the act.
(b) Abandoned sign defined. The following signs shall be presumed to be abandoned:
(1) A sign which has remained without bona fide advertising for 12 months or which has been without a current lease or license from the landowner for more than 90 days.
(2) A sign other than a nonconforming sign which requires maintenance or repair in excess of 25% of the replacement cost of the sign. Determination of the replacement cost of the sign and of the amount of required maintenance or repair shall be made by the Department after consultation with the sign owner.
(3) A sign for which a valid tag permit under § 445.6(b) and (c) (relating to permits) was not issued.
(4) A sign considered abandoned under § 445.7(b) (relating to restoration of damaged or partially destroyed nonconforming signs).
(5) A nonconforming sign, otherwise compensable under section 9 of the act (36 P. S. § 2718.109), which since the date on which the sign became eligible for compensation, has been enlarged, illuminated or structurally improved in any manner (except normal repairs) or the location of which has been changed.
(6) A sign, the permit for which has been revoked under the act or its amendments or this chapter.
(c) Removal of abandoned signs. Signs that are abandoned shall be removed by the persons responsible for the erection or maintenance thereof within 30 days after notice by the Department of the abandonment. Upon 30 days notice the Department may remove signs that are abandoned at the expense of those responsible for the erection or maintenance of the signs.
Source The provisions of this § 445.8 adopted May 21, 1976, effective May 22, 1976, 6 Pa.B. 845; renumbered September 8, 1978, effective September 9, 1978, 8 Pa.B. 2534; amended January 19, 1979, effective January 20, 1979, 9 Pa.B. 267.
Notes of Decisions The changing of an exterior sign which was a nonconforming sign from a wooden frame supported by wooden stands to one with a metal frame and catwalk supported by a single steel post is a ‘‘structural improvement’’ justifying the Department’s determination that the conforming sign has been abandoned according to subsection (b)(5). Park Outdoor Advertising Co. v. Department of Transportation, 485 A.2d 864 (Pa. Cmwlth. 1984).
Cross References This section cited in 67 Pa. Code § 445.9 (relating to erection, maintenance and repair of signs).
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