[Ord. #1971, § 1]
Signs which are abandoned, hazardous, broken, inadequately maintained, have exceeded an authorized amortization period or are otherwise not in compliance with this section are illegal signs and represent a danger to the health, safety and welfare of the community. They are hereby deemed to be a public nuisance maintained in violation of the Code and subject to abatement.
a. Abatement Procedures. This paragraph sets forth procedures which may be used by the City to cause the removal or correction of illegal on-site signs. This paragraph does not establish the exclusive procedure for abating such signs. As an alternative the City may use any procedure established for abatement of a public nuisance or a Code violation or those procedures set forth in the California Business and Professions Code, Sections
5499.1 et seq., for sign abatement.
1. When the City identifies an illegal sign it shall notify the tenant, business and/or property owner that a violation exists and that abatement is required.
2. The notice shall be provided by registered or certified mail and shall be posted in a conspicuous location on the property. The notice shall contain the following:
(a) The address and location of the violation.
(b) The name of the tenant, business owner and/or property owner.
(c) The nature of the violation or reason for abatement.
3. The notice shall require that the sign be abated, either by removal or compliance with the provisions of this section, within 30 days from the date of the notice.
4. The notice shall advise the tenant, business owner and/or property owner that, if the violation is not abated within 30 days, the City will remove the sign.
5. The notice shall advise the tenant, business owner and/or property owner that an appeal of the notice may be submitted, in writing, to the Planning Director prior to the expiration of the thirty-day abatement period. When a notice to abate is appealed the abatement process shall be suspended until a decision on the appeal has been rendered.
6. Signs removed by the City pursuant to this subsection shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the thirty-day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest to the City.
7. All costs incurred by the City in the removal and abatement of abandoned, hazardous or illegal signs shall be the responsibility of the property owner and if unpaid shall represent a lien against the property.
b. Appeal. Within 30 days after receipt of an appeal of a notice to abate the Planning Director shall conduct an administrative hearing to:
1. Determine whether the sign in question is a sign subject to abatement pursuant to this Code; and
2. If it is determined that the sign is subject to abatement, establish a time frame for abatement; and
3. If the sign is to be abated by removal, determine if the sign was designed, constructed, created, intended or engineered to have a useful life of 15 years or more and is eligible for compensation in accordance with Section
5491 and
5495 of the California Business and Professions Code.
The appellant shall be notified, in writing, of the decision of the Director. The decision of the Director may be appealed to the Planning Commission through the submittal of an application for a variance in accordance with Section 30-27 of this Chapter. |
c. Abatement of Signs in Public Right-of-Way and Unsafe Signs. The City may, notwithstanding any other provisions of this subsection, summarily abate, through immediate removal, any sign located within a public right-of-way or any sign deemed to pose an immediate threat to the public health or safety.