Montebello Municipal Code Ch. 12.14 Removal of Signs Attached to Objects on Public Property

No person shall paint, mark, write-on, post, attach or otherwise affix any handbill, notice, poster, sign or advertisement upon any sidewalk, crosswalk, curb, streetlight or post, hydrant, traffic sign or post, shrub, tree, tree stake or guard, power pole or telephone pole, bridge, fence, wall, building or other structure located in any public right-of-way or place, except as authorized in this chapter, Chapter 12.12, or Section 17.62.110 of Title 17 of this code.

(Ord. 2289 § 1 (part), 2005)

In accordance with California Government Code, Sections 38771 and 38773.5, any markings, postings or attachments described in Section 12.14.010 that are unlawfully attached to any object in the public right-of-way or public place are deemed to be a public nuisance and subject to removal in accordance with the following procedures:

A. Summary Removal of Unsafe Signs. The fire chief or designee may remove or cause the removal of any handbill, notice, poster, sign or advertising attached or posted in an unsafe manner onto any object in the public right-of-way or public place summarily and without notice. All costs of removal may be recovered pursuant to the provisions of this chapter. For purposes of this subsection, any handbill, notice, poster, sign or advertising attached or posted illegally and affixed onto any object in the public right-of-way or public place with tape, glue, staples, plastic or rope ties, stakes or similar devices shall be deemed to be attached or posted in an "unsafe manner."

B. Alternative Procedures for Removal of Illegally Erected Signs.

1. Notice to Remove. In cases where a handbill, notice, poster, sign or advertising that is illegally posted or attached to any object in the public right-of-way or public place such sign may not be immediately and summarily removed by city forces or an authorized contractor. The fire chief or designee may elect to use the following procedures:

a. Such sign or posting may be removed five calendar days following the date of service of a written notice of violation to the person or agent who erected, maintained or authorized the erection or maintenance of any sign or posting in violation of this chapter; or on the person or business receiving benefit from the sign or posting. For purposes of this section, the person, organization or business reflected on the sign shall be deemed to conclusively be the person or business receiving benefit from the sign;

b. A notice of violation shall be substantially in the following form:

NOTICE OF VIOLATION AND DEMAND FOR REMOVAL

Please take notice that the City of Montebello requires you to remove the sign(s) and/or postings affixed in violation of Section 12.14.010 of the Montebello Municipal Code and located at/along ___________. If you fail to remove said sign(s) and/or posting(s) within five (5) calendar days from the date of this notice, the City of Montebello shall proceed to abate and remove said sign(s) and/or posting(s) and shall require you to pay the costs incurred in said removal. The City may collect the costs of removal in any manner authorized by law. In addition, you may be subject to additional fines and penalties for failing to remove the sign(s) and/or posting(s). Such penalties and fines shall accrue each day the sign(s) or posting(s) are maintained in violation of Section 12.14.010.

You have three (3) days from the date of this notice to appeal this demand to the city manager. Failure to file a written appeal within three (3) 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 or posting.

2. Service of Notice. Notice required by this section may be served by personal service on the person or agent who erected, maintained or authorized the erection or maintenance of any sign or posting in violation of this chapter; or on the person or business receiving benefit from the sign or posting. Service of notice may also be served by certified mail 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 or posting in violation of this section; or by certified mail addressed to the person or business receiving benefit from the sign or posting.

3. Appeal.

a. Within three days from the date of the notice of violation and demand for removal, any party who has received notice to remove an illegal sign or posting may file a written appeal to the city manager showing cause as to why the illegal sign or posting should not be required to be removed or why they are not a responsible party. The city manager or designee shall set a hearing on the appeal not more than ten days from receipt of the written appeal.

b. The city manager or designee shall notify the appellant of the date of hearing pursuant to the provisions of subsection (B)(2) of this section, conduct the appeal and rule on the appeal. The decision of the city manager or designee shall be final and conclusive.

c. Failure to file an appeal within such three-day period constitutes a waiver of the right to appeal.

4. Right of Recovery. Signs or postings removed by the city pursuant to this chapter shall be stored for a period of five days, during which time they may be recovered by the person or agent who erected, maintained or authorized the erection or maintenance of any sign or posting in violation of this chapter; or by the person or business receiving benefit from the sign or posting upon payment to the city of the actual costs of removal and storage. If not recovered by the person or agent who erected, maintained or authorized the erection or maintenance of any sign or posting; or by the person or business receiving benefit from the sign or posting prior to expiration of the five-day period, the sign or posting and any supporting structure(s) shall be declared abandoned and title thereto shall vest to the city, and all costs of removal and disposal shall be billed to the person or agent who erected, maintained or authorized the erection or maintenance of any sign or posting in violation of this chapter; or to the person or business receiving benefit from the sign or posting.

5. Charges for Costs of Abatement.

a. Following abatement of any sign or posting erected or maintained in violation of this chapter or Chapter 17.62, the fire chief or designee shall serve, pursuant to subsection (B)(2) of this section, the person who erected, maintains or authorized the erection or maintenance of the illegal sign or posting, or the person or business receiving benefit from the sign or posting, a statement of the costs of abatement.

b. The statement of costs shall charge a fee equal to the city's actual costs for removal of the illegal sign(s) or posting(s). Appeals of the statement of costs shall be filed within ten days of the receipt of the statement of costs and such appeals shall be processed in accordance with subsection (B)(3) of this section.

c. 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 or posting; or the person or business receiving benefit from the sign or posting. Payment of the costs of abatement shall be due upon presentation of the statement of costs.

6. Collection of Costs for Abatement. The fire chief or designee 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 or Chapter 17.62.

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

(Ord. 2289 § 1 (part), 2005)