Danville Municipal Code Div. 3 Enforcement Regulations

These sign regulations shall be in effect as of the effective date of this article except that:

a. In case of a conflict between sign regulations contained in this article, the stricter regulation applies.

b. In the case of conflict between this article and other sign regulations in the Municipal Code, these regulations shall apply.

(Ord. #91-30, §2; Ord. #95-06, §3)

A person who violates this article is guilty of an infraction under Chapter 1, subsections 1-5.1 and 1-5.2 of the Danville Municipal Code. (Ord. #91-30, §2; Ord. #95-06, §3)

A sign or sign structure placed or maintained contrary to this article is a public nuisance. (Ord. #91-30, §2; Ord. #95-06, §3)

A sign or sign structure placed or maintained contrary to this article after approval of this article may be abated as follows:

a. A sign placed which is illegal, prohibited or which imperils the safety of people or property, or an obsolete or abandoned sign is subject to removal by the owner and, upon the owner's failure to do so, by the Town.

b. A sign may be abated and the expense or abatement shall be a lien against the property and a personal obligation against the property owner. The abatement procedure is that set forth in Chapter 1, subsections 1-5.1 and 1-5.2 of the Danville Municipal Code.

c. Each person who places a sign which is subject to removal under paragraph a. or b. is jointly and severally liable for the cost of removal. The Town has a lien upon the sign for the cost of removal and may keep possession of the sign until the owner redeems it by paying to the Town the cost of removal. The Town may dispose of the sign sixty (60) days after removal by giving the owner notice that the owner may redeem the sign by paying the cost of removal and if he fails to do so, the Town will dispose of the sign as it sees fit without further liability to the owner for this action.

d. Any temporary or political sign erected or placed in violation of this section may be removed by the Code Enforcement Officer or any other employee of the Town so authorized by the Town Manager. Prior to removal of such signs, the Town shall attempt to contact the candidate, committee, entity or other person responsible for the posting of the sign. If the responsible person can be reached, they shall be given twenty-four (24) hours to remove the signs. If the signs are not removed within this time period or, if after reasonable efforts no responsible party can be reached, the signs shall be removed and stored at the Town's Service Center. If a sign is erected or placed less than twenty-four (24) hours prior to the event being advertised or promoted, the sign may be immediately removed.

Once signs are removed pursuant to this subsection, the responsible party shall be notified in writing of the removal of the signs, of their right to contest the fact that the sign was placed in violation of this section and of their right to retrieve the signs within fifteen (15) days. If the responsible party contests the removal of the signs, they shall be entitled to an administrative hearing before the Chief of Planning or designee, who shall have the authority to order the signs returned without charge.

If the Town retrieves the signs pursuant to this section, the responsible party shall be charged an amount equal to the expense incurred by the Town in removing the signs. If the signs are not retrieved within fifteen (15) days, the signs shall be destroyed or otherwise disposed of by the Town.

(Ord. #91-30, §2; Ord. #95-06, §3; Ord. #96-07, §2)

The Chief of Planning may make such inspections as may be necessary to ascertain whether a sign conforms to this article. (Ord. #91-30, §2; Ord. #95-06, §3)

No person may maintain or permit to be maintained on a premises owned or controlled by him, a sign or sign structure which is unsafe, dilapidated or in disrepair. If such a sign exists, the Town shall give written notice of the fact to the property owner and the person responsible for the sign. If the sign is not repaired within the time specified in the notice, the Chief of Planning may revoke the sign permit under subsection 32-98.24 and remove the sign under subsection 32-98.29 of this article. (Ord. #91-30, §2; Ord. #95-06, §3)

A sign lawfully placed before the effective date of this article which does not conform to this article is a nonconforming sign. Nonconforming signs established before and after adoption of this article shall be subject to the following regulations.

A nonconforming sign which is abandoned, altered, reconstructed in a manner inconsistent with this article or moved must comply with this article or be subject to abatement under subsection 32-98.29.

a. Inventory and Identification of Illegal or Abandoned Signs. The Town shall commence an inventory of all existing signs within six (6) months from the date of the adoption of this article.

b. Removal of Signs Without Compensation. If any of the following actions result in nonconformance with this article, the Town may elect to require the removal without compensation of any sign which meets the following criteria after notice and hearing pursuant to Chapter 2.6 of Division 3 of the California Business and Professions Code is given:

1. Any sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.

2. Any sign which was lawfully erected anywhere in the Town, but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than ninety (90) days. Costs incurred in removing the abandoned sign may be charged to the legal owner.

3. Any sign that has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and cannot be repaired within thirty (30) days from the date of its destruction.

4. If an owner requests permission to remodel a building and remodels a sign (outside of a change in copy).

5. If an owner obtains a permit to expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement, or remodeling.

6. The cost of construction, enlargement, or remodeling of the sign exceeds fifty percent (50%) of the cost of reconstruction of the building.

7. Any sign whose owner seeks relocation inconsistent with this article and relocates the sign. The Town is not liable for relocation costs if the Town requires the relocation.

8. Any sign for which there has been an agreement between the sign owner and the Town, for its removal as of any given date.

9. Any sign which is temporary.

10. Any sign which is or may become a danger to the public or is unsafe.

11. Any sign which constitutes a traffic hazard not created by relocation of streets or highways or by acts of the Town, County, or State.

12. Upon approval of a conditional use permit, development plan or other similar entitlement where the gross square footage of the building is increased greater than fifty percent (50%), all non-conforming signs shall be modified and/or removed prior to issuance of a building permit for the entitlement.

c. Removal Following Amortization or Payment of Just and Fair Compensation for Nonconforming Signs.

1. The Town may require the removal of a nonconforming sign without compensation to the sign's owner, upon the expiration of a reasonable amortization period, per the requirements of subsection 32-98.6b. For purposes of this subsection, a reasonable amortization period is hereby deemed to be six (6) months from the date written notice requiring the removal of the nonconforming sign is given by the Town to the sign's owner, provided that such amortization period may be extended by the Town or up to an additional two (2) years, upon a demonstration of good cause by the owner of the sign.

2. As an alternative to the amortization procedure set forth above, the Town may elect to require the removal of a nonconforming sign at any time following payment by the Town of the fair market value of the sign. "Fair market value" for purposes of this subsection means, and shall be calculated by adding, the actual cost of removing the sign (including the cost of repair of physical damage to the real property or improvements to which the sign was affixed, directly caused by such removal) and the in-place depreciated value of such sign.

d. General Provisions. A nonconforming sign may not be:

• 1. Changed to another nonconforming sign;
• 2. Structurally altered so as to extend beyond its useful life;
• 3. Expanded; or,
• 4. Relocated.

e. Exceptions. Exceptions to the provisions of this subsection may be granted by the Town Council upon application of any sign owner who presents substantial evidence showing that the sign conforms to subsection 32-98.7, Exceptions of this article.

(Ord. #91-30, §2; Ord. #95-06, §3)

The remedies in this article are not exclusive. The Town may rely on any remedy authorized by law. (Ord. #91-30, §2; Ord. #95-06, §3)

The Town Council hereby declares that every section, paragraph, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. (Ord. #91-30, §3; Ord. #95-06, §3)