Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7501 - Maintenance › Chapter 09002 - Control of Outdoor Advertising Adjacent to State Controlled Routes › MAINTENANCE AND CONTINUANCE OF SIGNS › Section 37-1-7501-09002-1306

Current through June 25, 2024
The rules and regulations set out under this rule will be
						administered and penalties applied as follows:
1. The Permit Officer for Control of Outdoor
					 Advertising shall be responsible for investigating and gathering all evidence
					 pertinent to any violation hereunder.
2. Upon completing his investigation, the
					 Permit Officer for Control of Outdoor Advertising shall inform the State Permit
					 Officer of the violation in writing and shall set out in said document all
					 facts and circumstances, which support or refute the reported
					 violation.
3. Upon receiving said
					 written document, the State Permit Officer shall make a determination as to
					 whether a violation has occurred. The State Permit Officer may notify the
					 responsible party of the violation and may request a response from that
					 individual or company.
4. If the
					 State Permit Officer determines that a violation has occurred, he shall contact
					 the State Maintenance Engineer who will determine the appropriate penalty to be
					 assessed against the owner of said sign company. The State Maintenance Engineer
					 shall have the discretion to make said determination of penalty. Once the
					 penalty is determined, the State Maintenance Engineer shall inform the owner
					 who committed the violation by letter of the violation and penalties to be
					 assessed. A copy of the report prepared by the Permit Officer for Control of
					 Outdoor Advertising shall be attached to said letter.
5. The penalties which may be assessed
					 against the violator include the following:
a.
					 Payment for any physical damage may include costs to repair fences, ruts, etc.
					 If timber is cut, it will be assessed at the higher of its saw log, pulpwood or
					 landscape value along with statutory penalties.
b. Suspension of the permit for periods of up
					 to six (6) months.
c. Probation for
					 the violating firm for a period of up to twelve (12) months, further violations
					 during the probation period will cause additional penalties.
d. Revocation of the permit. Under
					 revocation, it is intended that the violator will not be eligible for a
					 re-issued permit at the same site. The site will include the boundaries of the
					 violation plus the applicable spacing distance.
e. Suspension of the site eligibility for
					 periods up to duration of the violator's leasef. Suspension of the violating
					 firm for periods up to twelve (12) months and/or bond forfeiture. During such
					 suspension, the firm will be ineligible for permits.
g. A moratorium may be declared as to permits
					 for the site for an established period. The site will include the boundaries of
					 the violation plus the applicable spacing distance.
h. Under no circumstances will a revoked
					 permit be reinstated until the owner of said permit has accepted and complied
					 with the penalties imposed hereunder. The time for service of any suspension or
					 moratorium will be tolled until the owner accepts and complies with said
					 penalties.
i. Removal of the sign
					 at the owner's expense