Chino Municipal Code Ch. 16.04 Nonconforming Signs

A. The purpose of these provisions is to provide for the orderly termination of nonconforming signs to promote the public health, safety and general welfare, and to bring such signs into conformity with the goals and policies of the city's adopted general plan.

B. It is declared that nonconforming signs within the city are detrimental to both the general welfare of the citizens and their property, and to the orderly and creative development of the city. It is further declared that nonconforming signs shall be eliminated as rapidly as possible without infringing upon the constitutional rights of property owners. Recognizing such, it is the intent of this chapter to: (1) prevent the expansion of nonconforming signs to the maximum extent feasible; (2) establish criteria under which nonconforming signs may be continued or expanded; and (3) provide for the correction or removal of nonconforming signs in an equitable, reasonable and timely manner.

(Ord. 97-12 § 2 (part), 1997.)

Nonconforming signs may be maintained, expanded upon, and/or abated only in accordance with the provisions of this chapter.

(Ord. 97-12 § 2 (part), 1997.)

Any sign erected pursuant to a permit lawfully issued by the city prior to the enactment date of the sign code (December 2, 1997) shall be treated as a conforming sign, except as provided in Section 16.04.050, Amortization, of this chapter. All such signs may be continued, maintained and repaired so long as the sign is not structurally altered or expanded. A permit may be issued for any such sign destroyed by earthquake, fire, or other similar misadventure, if any application for a permit to re-erect the sign is made within six months of its destruction.

(Ord. 97-12 § 2 (part), 1997.)

A. Nuisances. The following signs shall be considered illegal and deemed to be a nuisance:

1. Unsafe signs. An unsafe sign is a sign determined by the director of community development to be any of the following: (a) a sign which poses a danger to the public or which could create a potential hazard; (b) a sign erected without required permits; or (c) a sign erected in the public right-of-way or on public property without specific written authorization from the city.

2. Abandoned signs. An abandoned sign is a sign remaining in place for a period of sixty days, which no longer advertises or identifies an ongoing business, product or service available on the premise where the sign is located.

3. Unmaintained signs. An unmaintained sign is a sign which has not been kept in a proper state of preservation, free of damaged or broken components, and kept neatly painted and maintained.

4. Illegally erected signs. A sign is illegally erected if: (a) it violates any provision of this title, except as provided by Section 16.04.030, Signs Previously Approved, of this chapter; (b) it does not have required permits; or (c) it has been erected without first complying with all ordinances and regulations in effect at its time of construction, erection or use. No sign that has been erected in violation of any previously existing sign ordinances or regulations shall, by virtue of the adoption of the sign code, become conforming.

B. Existing illegal signs. Any business located on the same property where a sign has been determined by the director of community development to be illegal, shall not be granted a permit for additional signs until all illegal signs have been removed, except as follows:

1. The sign determined to be illegal is associated with a different business from that for which the permit for additional signage is sought, even though they may be located in the same center or complex; or

2. The sign determined to be illegal is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the illegal sign.

C. Inventory of illegal signs. Within six months following the enactment date of the sign code, the city shall commence identification and inventory of illegal signs within the city. Within ninety days following the six-month period, the city shall commence abatement of all identified illegal signs.

D. Removal of illegal signs.

1. Unsafe signs. The director of community development may remove or cause the removal of any unsafe sign, or any other advertising structure which creates an immediate peril to persons or property, summarily and without notice. All costs of removal may be recovered pursuant to the provisions of subdivision (3)(e) of this subsection.

2. Political signs.

a. Political signs are prohibited from being displayed on public facilities and rights-of-way, including but not limited to, any curb, gutter, sidewalk or utility pole. The director of community development shall cause immediate removal of any such sign without complying with the notice provisions listed below.

b. The director of community development shall notify the individual registering on behalf of a candidate or ballot proposition whose political signs are deemed to violate the provisions of this Code. The notice shall be mailed by first class mail, postage prepaid, to the address set forth on the registration form, except that the director of community development shall be under no obligation to notify a candidate or proponent or opponent of a ballot proposition who has failed to register pursuant to the provisions of this chapter.

c. The notice shall contain the following information:

(i) The exact nature of the violation;

(ii) The necessary corrective action;

(iii) An opportunity to meet informally with the director of community development for the purpose of discussing the violation and necessary corrective action; and

(iv) A statement that political signs, in violation of this ordinance, shall be removed within seventy-two hours from the date of the notice in the event that the required corrections are not voluntarily made, or if no challenge is made to the decision of the director of community development.

d. The director of community development shall cause any political sign violating this ordinance to be removed subject to the provisions of paragraphs b and c of this section. In addition, the director of community development may take legal action to collect the cost therefrom against the individual registering on behalf of a candidate, or proponents or opponents of a ballot measure. In the event that no one registers, the director of community development may take legal action against the candidate himself, or the proponents or opponents of a ballot measure.

3. Abandoned signs, unmaintained signs and illegally erected signs.

a. Notice to remove. The director of community development shall remove or cause the removal of any sign constructed, placed or maintained in violation of this sign code, except as provided in Subsection D.1. (Unsafe signs) of this section, in the following manner:

(i) Such sign may be removed eleven days following the date of service of a written notice of violation to the owner of the sign, if known, at the last known address or to the owner of the property as shown on the latest equalized assessment roll of the San Bernardino County Tax Assessor's Office, or to the occupant of the property upon which such sign is located.

(ii) A notice of violation shall be substantially in the following form:

NOTICE AND DEMAND FOR REMOVAL

Please take notice that the City of Chino requires you to remove the sign(s) located at ________________________. If you fail to remove said sign(s) within 10 calendar days from the date of this notice, the City of Chino shall proceed to abate and remove said sign(s) and shall require you to pay the costs of said removal. The City may cause such costs to become liens and special assessments against your property, and will recover from you, the costs for recording and collecting same.

You have 10 days from the date of this notice to appeal this demand to the Director of Community Development. Failure to file a written appeal within 10 days constitutes a waiver of your right to appeal.

This notice is given without prejudice to any other right or remedy, which the City may have by reason of the illegal erection or maintenance of any sign.

b. Service of notice. Notice required by this section may be served in any one of the following manners:

(i) By personal service on the owner or person in charge or control of the property where the illegal sign is located; or on the person or agent who erected, maintained or authorized the erection or maintenance of any sign in violation of this sign code; or on the person or business receiving benefit from the sign; or

(ii) By certified mail addressed to the owner or person in charge or control of the property were the illegal sign is located, at the address shown on the last available assessment roll of the San Bernardino County Assessor's Office, or as otherwise known; or addressed to the known place of business, residence or dwelling of the person or agent who erected, maintained or authorized the erection or maintenance of any sign in violation of this sign code; or

(iii) By posting at a conspicuous place on the property where the illegal sign is erected or abutting the public right-of-way, for a period of ten days, and advertisement in a newspaper of general circulation in the city, at least once a week for a period of two weeks.

c. Appeal.

(i) Within ten days from the date of the notice of violation, any party who has received notice to remove an illegal sign may file a written appeal to the director of community development, showing cause as to why the illegal sign should not be required to be removed. The director of community development shall set a hearing on the appeal not more than ten days from receipt of the written appeal.

(ii) The director of community development shall notify the appellant of the date of hearing pursuant to the provisions of Subsection D.3.b. (Service of notice) of this section, conduct the hearing and rule on the appeal. The decision of the director of community development shall be final and conclusive in the absence of a timely appeal to the city planning commission.

(iii) Failure to file an appeal within said ten-day period constitutes a waiver of the right to appeal.

d. Right of recovery. Signs removed by the director of community development pursuant to this section shall be stored for a period of thirty 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 by the owner prior to expiration of the thirty-day period, the sign and supporting structure(s) shall be declared abandoned and title thereto shall vest to the city, and all costs of removal shall be billed to the owner.

e. Charges for costs of abatement.

(i) Following abatement of any sign erected or maintained in violation of this sign code, the director of community development shall serve, pursuant to Subsection D.3.b. (Service of notice) of this section, the person who erected, maintains or authorized the erection or maintenance of the illegal sign, or the person or business receiving benefit from the sign, a statement of the costs of abatement.

(ii) The statement of costs shall charge the fee established by resolution of the city council for the abatement of illegal signs. However, should the cost of abatement of an illegal sign exceed the fee adopted by city council resolution, the statement of costs shall charge the actual cost of abating the illegal sign.

(iii) The cost of abating an illegal sign shall become a debt in favor of the city and against each person who erected or authorized the erection or maintenance of the illegal sign. Payment of the costs of abatement shall be due upon presentation of the statement of costs.

f. Collection of costs for abatement. The director of community development is authorized to file an action in the name of the city in any court of competent jurisdiction to collect the debts owed pursuant to this chapter.

g. Assessment—Administrative remedy.

(i) In addition to the remedies available to the city under this section, the director of community development may make an assessment and place a lien for the costs of abatement on the property upon which the illegal sign was located and submit the assessment to the city council for adoption of a resolution to place the costs of abatement on the San Bernardino County property tax rolls for collection. The resolution of the city council shall conform with the San Bernardino County Auditor/Controller-Recorder's policies and procedures for applying special assessments to the tax property rolls.

(ii) Notice of the assessment shall be served on the owner of the property pursuant to the provisions of Subsection D.3.b. (Service of notice) of this section. The notice shall state the amount of charges due and penalties imposed, if any, and shall state that the owner has fifteen days from the date of the notice to appeal the assessment, in writing, to the city council.

(iii) The owner of the affected property shall have fifteen days from the date of the notice of assessment to appeal the assessment, in writing, to the city council, after paying the fee for filing such appeal, which fee shall be determined by resolution of the city council. Failure to file an appeal within the fifteen-day period shall constitute a waiver of the right to appeal.

(iv) The city council shall hear the appeal at its first regular meeting falling at least fourteen days following the date of appeal filing. Notice of the appeal shall be served pursuant to the provisions of Subsection D.3.b. (Service of notice) of this section. The city council shall consider the appeal at the time set for hearing, together with any written objections or protests by any interested party. Any interested party may present an oral protest or objection to the assessment at the time of the hearing. At conclusion of the hearing, the city council shall either approve the assessment as submitted or as modified or corrected, and adopt a resolution pursuant to this section. The decision of the city council shall be final and conclusive.

(v) If no appeal is filed, the director of community development shall submit the assessment to the city council for adoption of a resolution pursuant to this section.

h. Injunction and attorneys fees. In addition to the remedies available to the city under this chapter, the city may file an action in a court of competent jurisdiction to enjoin any violation of this sign code or to collect the costs of abating any nuisance defined in this sign code. In any such action, the city may collect its reasonable costs, including attorneys fees incurred in such action.

(Ord. 97-12 § 2 (part), 1997.)

(Ord. No. 2011-08, § 15, 2011.)

A sign lawfully placed, erected or constructed at the time an ordinance codified in this title became effective, and which does not conform with the applicable newly enacted regulations, is deemed a "legal nonconforming sign." Legal nonconforming signs shall be removed or made to meet current sign code requirements within the following time periods, following enactment of the sign code, except that time periods for signs nonconforming by reason of annexation to the city, shall begin on the date of completion of the annexation:

(Ord. 97-12 § 2 (part), 1997.)

A. Abatement of nonconforming signs shall be accomplished in the following manner:

1. Painted signs. Signs painted on buildings, walls and fences may be painted over in such a manner that the sign will not thereafter become visible. Such painting shall cause the sign area to blend with, and be compatible with, the color scheme of the building.

2. All other signs. All other signs not otherwise specified by this section shall be removed or altered to cause it to conform with the provisions of this title.

B. Nothing in this section shall prohibit the normal upkeep or repair of any sign, nor the painting or repainting of the face thereof, during its lawful existence.

(Ord. 97-12 § 2 (part), 1997.)