Removal Of Abandoned Devices

(1) The permit for an abandoned outdoor advertising device shall be voidable after a twelve-month period of abandonment has elapsed, as follows: (a) The permit for a device, or permits for a device with multiple sign faces, that for a period of twelve (12) months remains in substantial need of repair, which in the case of a wooden sign structure means that sixty percent (60%) or more of the upright supports of the sign structure are physically damaged such that normal repair practices would call for replacement of the broken supports or in the case of a metal sign structure that normal repair practices would call for replacement of at least thirty percent (30%) of the length above ground of each broken, bent, or twisted support, is voidable after the device has CONTROL OF OUTDOOR ADVERTISING CHAPTER 1680-06-03 remained in that condition for a period of twelve (12) months; provided, however, that a nonconforming device in a condition meeting these criteria will immediately be considered destroyed rather than abandoned and the permit for the device will be void; (b) The permit for a device whose sign face remains damaged fifty percent (50%) or more, or in the case of a device with multiple sign faces, the permit for each sign face that remains damaged fifty percent (50%) or more, is voidable after the sign face has remained in that condition for a period of twelve (12) months; (c) The permit for a device that has a blank sign face (i.e., no advertising message) for a period of twelve (12) months, or in the case of a device with multiple sign faces, the permit for each sign face that remains blank, is voidable after the sign face has remained in that condition for a period of twelve (12) months; or (d) The permit for a device that has been removed from its permitted location is voidable if it has not been reconstructed in its permitted location within twelve (12) months after its removal; provided, however, that a nonconforming device that has been removed will immediately be considered destroyed rather than abandoned and the permit for the device will be void. (2) The twelve-month period for establishing abandonment under subparagraphs (1)(a)–(d) may be waived or suspended during a period of involuntary discontinuance, such as the closing of a highway for repair in front of the sign; provided, however, that the termination of the permit holder’s lease, easement, or other right or permission for access from the landowner shall not be grounds for waiver of the twelve-month period for establishing abandonment. (3) An abandoned outdoor advertising device or sign face that no longer has an outdoor advertising permit is subject to removal or other enforcement action as provided in T.C.A. § 54-21-105. (4) Before initiating an enforcement action based on abandonment, the Department will first send a written notice to the permit holder identifying the condition of the device that would constitute abandonment and the date on which the twelve-month period for establishing abandonment will begin. If the permit holder believes that a defense to the condition of abandonment exists, the permit holder shall notify the Department in writing, and the Department shall respond in writing. If the Department does not accept the defense and the condition of abandonment remains for twelve (12) months, the Department will send a written notice to the permit holder, as provided in Rule 1680-06-03-.04(6)(b), stating that the permit is voidable based on abandonment. The permittee shall have forty-five (45) days within which to appeal the decision, as provided in Rule 1680-06-03-.04(6)(b). (5) See illustration in Rule 1680-06-03-.09, Appendix, for examples of abandoned devices.