§ 33-1398. Enforcement and penalties. — Escondido Zoning Code

(a) Violators Punishable by Fine and Imprisonment. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment.
(b) Each Day a Separate Offense. Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person and shall be punishable therefor as provided for in this article.
(c) Violation a public nuisance. Any sign or advertising structure erected, constructed, altered, maintained, placed or used contrary to the provisions of the article shall be declared unlawful and a public nuisance. Furthermore, any failure, refusal, or neglect to obtain a permit as required by the terms of this article shall be a prima facie evidence of the fact that a nuisance has been committed in connection with any sign or advertising structure erected, constructed, altered, maintained, placed or used contrary to the provisions of this article.
(d) Remedies cumulative. All the remedies provided for in this section shall be cumulative and not exclusive.
(e) Inspection to ensure compliance. Whenever there is cause to suspect a violation of any provision of this article or to investigate either an application for granting extension or modification or an action to revoke or modify a permit, any officials responsible for enforcement or administration of this article or their duly authorized representatives may enter any site, provided they shall do so in a reasonable manner. No owner or occupant or agent thereof shall, after reasonable notice and opportunity to comply, refuse to permit such entry. In the course of such inspection, no enclosed building or structure shall be entered without the express permission of the owner or occupant.
(f) Notices to maintain, alter, or repair. Upon a written notice from the building or planning division, the necessary maintenance, alterations or repairs shall be made within 30 calendar days after the date of such notice.
(g) Inventory of illegal and abandoned signs. Pursuant to the California Planning and Zoning Laws, Chapter 2.5, Section 5491.1, the city shall inventory and identify illegal and abandoned advertising displays within its jurisdiction. The inventory and identification shall commence within six months from the date of adoption of the ordinance codified in this article, and abatement of the identified illegal and abandoned on-premises signs shall commence within eight months of the adoption of this article. The city may impose reasonable fees for inventory and identification costs upon all owners or lessees of illegal and abandoned advertising displays.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1398

(1) Removal. Except as otherwise required in this article, signs pertaining to enterprises, occupants or activities which are no longer using the premises for which the sign relates or are inoperative shall be painted out, obliterated or removed from the premises within 180 calendar days after the enterprise or occupant has vacated the premises. Any nonconforming signs which exist at the time a business becomes abandoned as defined in this article shall be removed and may not be replaced, restored or revised unless brought into conformance with this article.
(h) Public nuisance abatement. Any signs which are placed or which exist in violation of the provisions of this article are public nuisances and may be removed by any public employee after 10 days written notice posted on the structure or sign and a copy forwarded by mail to the advertising display owner at his last known address. The cost of removal shall be billed to the sign's owner, the property owner, business owner, or other responsible party.
(i) Summary abatement. Signs located in the public right-of-way which are not in compliance with this article may be declared to be a public nuisance subject to summary abatement by the city. In addition to any criminal or civil penalties prescribed by law, the actual costs of abatement of such signs shall be a debt owed to the city by the person responsible for causing placement of the sign in the public right-of-way.
(j) Removal of unsafe, illegal, or abandoned signs.
(1) Whenever any sign or part thereof other than those referred to in section 33-9 is erected or maintained in violation of the provisions of this article or whenever any sign is in a condition to be in danger of falling or is a menace to the safety of persons or property, the director shall give written notice to the permittee, owner or person in charge of the sign. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal shall be not less than fifteen nor more than 30 calendar days from the date of the mailing of the notice. Within 10 days of the date of mailing the notice, the permittee, owner or person in charge of the sign may request a hearing before the director or his or her designee. The hearing shall be limited to whether the sign was erected or maintained in violation of this article or whether the condition of the sign is dangerous to the safety of persons or property. Upon receipt of a written request for a hearing, the director shall schedule a hearing and send written notice by first class mail of the time, place and date for the hearing. After the hearing the director may affirm, modify or revoke the order to remove or repair. The time for compliance with the original order shall be stayed during the pendency of the hearing. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the director made pursuant to this section, the director may remove or alter the sign so that it conforms to the provisions of this article. The expense of such action by the director shall be charged to the permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the city. No permit shall thereafter be issued to any permittee, owner or person in charge of a sign who fails to pay such costs. Any costs, including attorney's fees incurred by the city in collection of the costs shall be added to the amount of the debt.
- (2) Any lettering, advertisement, card, poster, sign or notice of any kind placed upon public property or on any curb, sidewalk, post, pole, lamppost, hydrant, bridge, tree or other surface located on public property in violation of the provisions of this code

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City of Escondido, CA § 33-1398

ZONING

§ 33-1398

or any sign which constitutes an immediate peril to persons or property may be removed without prior notice by any officer or employee of the city designated to do so by the city manager. For the purposes of this subsection, "public property" shall include any public right-of-way.

(3) (A) When a sign or other matter specified in subsection (b) of this section is posted or caused to be posted in violation of this chapter and the city has incurred any expense in removing the sign or other matter or in repairing public property damaged because of the posting of the sign or other matter, the director may send a bill to the person responsible for posting and causing to be posted the sign or other matter for the actual or estimated cost of removal. Any such expense incurred shall constitute a debt owed to the city. The director may establish administrative regulations to govern the billing procedures. Each bill shall include the cost both direct and indirect involved in the removing of the signs or other matter and in administering the billing procedure. The bill shall describe the basis of the amount billed by indicating the number of signs or other matter posted illegally, the time necessary for removal, the hourly cost for removal, the right to a hearing and other relevant information. The bill shall also specify a date by which the bill is to be paid which date shall be not less than 10 business days after the bill is mailed.
- (B) Every person billed may request a hearing pursuant to subsection (j)(4) of this section. Following the hearing the director shall within 10 business days after the date of the hearing notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid, which date shall in no event be less than 30 calendar days after the date of the hearing.
- (C) Any person posting or causing to be posted a sign or other matter in violation of the provisions of this chapter who fails to pay the amount billed such persons for such violation within the period specified in this section shall also be liable for expenses incurred by the city in collecting the debt, including the cost of paying city employees or other persons engaged in the debt collection.
- (D) In any civil action involving any person, firm or corporation, or the chairman, president or other head of any committee or organization for violation of any of the provisions of this chapter, proof that the sign or other matter contains the name of or otherwise identifies such person, firm or corporation, or the particular committee or organization involved shall constitute prima facie evidence that the person, firm, corporation or chairman, president or other head of the committee or organization involved posted, or caused to be posted, such sign or other matter.

ons of this chapter, proof that the sign or other matter contains the name of or otherwise identifies such person, firm or corporation, or the particular committee or organization involved shall constitute prima facie evidence that the person, firm, corporation or chairman, president or other head of the committee or organization involved posted, or caused to be posted, such sign or other matter.

(4) The owner of any lettering, advertisement, card, poster, sign or notice of any kind placed upon public property, or constituting an immediate peril to persons or property, which has been removed by an officer, or employee of the city without prior notice to the owner pursuant to the provisions of subsection (j)(2) of this section may request a hearing conducted by the director or his or her designee. The request for hearing shall be made in writing to the director no later than 15 calendar days from the date the director mails the billing statement specified in subsection (j)(3) of this section or within 30 calendar days of the date of the removal whichever occurs first.

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City of Escondido, CA § 33-1398

ESCONDIDO CODE

§ 33-1399

The hearing shall be limited to determining whether the lettering, advertisement, card, poster, sign or notices was located upon public property in violation of the provisions of this chapter or constituted an immediate peril to persons or property and the accuracy of the amount billed. Upon receiving a written request for hearing the director or his or her designee shall set a hearing not less nor more than 30 calendar days from the date of receipt of the request and shall provide written notification of the hearing to the applicant. The notification shall include the date, time and place of the hearing. The decision of the hearing officer shall be final and nonappealable. Any lettering, advertisement, card, poster, sign or notice which has been properly removed under this section may be returned to the owner upon payment to the city of the costs of removal as specified in subsection (j)(3) of this section. If no timely request is made for hearing or if no demand is made for the return of the materials removed, the director or his or her designee is authorized to destroy or dispose of the removed material.

(Ord. No. 92-47, § 1, 11-18-92; Ord. No. 99-27R, §§ 9, 10, 12-1-99; Ord. No. 2008-22, § 7, 9-10-08)