Article 1 — General Information on Required Reviews

and Enforcement

Division 5: Sign Violations and Enforcement Procedures (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of these procedures is to provide for the immediate abatement of unauthorized signs to protect public health and safety. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The responsible party for the placement or posting of signs in violation of this division or Chapter 14, Article 2, Division 12 (Sign Regulations) is presumed to be the person or organization whose name appears on the signs in the following situations:

• (a) The candidate seeking election to any office or position;

• (b) The party supporting or opposing a ballot initiative or candidate;

• (c) Any party whose name, telephone, facsimile, or address appears on a sign advertising property for sale, lease, or rent or providing directional information to the property;

• (d) The property owner, lessee, or renter of a property used for commercial activities or events, including garage, alley, yard, or other similar sales;

• (e) The party whose name, telephone, facsimile, or address appear on a sign advertising an event or activity; or

• (f) The property owner, manager, or tenant of the property on which an activity or event occurs.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) A person presumed to be the responsible party may rebut the presumption by filing a declaration that he or she was not responsible for the placement of any sign , nor did he or she derive any benefit from a sign that was placed in

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violation of Chapter 14, Article 2, Division 12 (Sign Regulations). The declaration shall be filed with the City Manager and shall be signed under penalty of perjury.

• (b) The City Manager shall determine if a person has demonstrated that he or she is not the presumed responsible party.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) The City Manager or designated Code Enforcement Official is authorized to enter any property to inspect any sign for compliance with Chapter 14, Article 2, Division 12 (Sign Regulations).

• (b) The City Manager may remove an unauthorized sign without notice to the responsible party. The costs incurred in removing an unauthorized sign may be recovered by using any of the administrative or judicial procedures that are provided in Municipal Code Chapter 1.

• (c) If the City Manager finds that a sign might cause damage to private or public property, the City Manager shall notify the responsible party to remove the sign and associated material within 10 calendar days. If the sign is not removed, the responsible party will be billed for the costs of removing the sign and repairing damage to public property.

  • (1) When immediate removal of the sign is necessary to protect public safety, the responsible party will be billed for the costs of removing the sign .

  • (2) A responsible party that elects to remove the sign and associated material is responsible for all costs for the removal and the repairs to damaged property.

• (d) Any sign that has been removed by the City Manager may be returned to the responsible party when the administrative costs for removal are reimbursed to the City. If the responsible party of the sign does not request a Post Summary Abatement Hearing in accordance with Section 121.0506 or does not request the return of the sign and materials within 30 calendar days, the City Manager may dispose of the sign .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

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It is unlawful to erect or maintain a sign contrary to any provision of Chapter 14, Article 2, Division 12 (Sign Regulations).

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 3-1-2006 by O-19468 N.S.; effective 4-1-2006.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)

• (a) The responsible party for a sign that has been removed from public property in accordance with Section 121.0504 may request a Post Summary Abatement Hearing. The request must be submitted in writing to the City Manager within 10 calendar days of the date of the removal.

• (b) The Post Summary Abatement Hearing shall be limited to determining if the sign was located on public property.

• (c) The City Manager shall schedule a Post Summary Abatement Hearing within 30 calendar days of receiving a written request.

• (d) A notice of the Post Summary Abatement Hearing shall be provided to the responsible party consistent with the noticing requirements of Municipal Code Chapter 1, Article 2, Division 4.

• (e) The Post Summary Abatement Hearing shall be conducted by an Enforcement Hearing Officer following the City Manager’s Enforcement Hearing Policies and Procedures.

• (f) A written copy of the Enforcement Hearing Officer’s decision shall be provided to the responsible party.

• (g) The Enforcement Hearing Officer’s decision is the final administrative remedy without further administrative appeals.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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• (a) In accordance with Municipal Code Section 12.0801, the City Manager may establish a civil penalty schedule for administrative citations for signs in violation of Chapter 14, Article 2, Division 12 (Sign Regulations).

• (b) In establishing the schedule, consideration shall be given to the costs that are incurred by the City in enforcing the sign regulations.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) The provisions of the Land Development Code shall not be construed as relieving or limiting in any way the responsibility or liability of any person who erects or owns a sign , for personal injury or property damage resulting from the placing of the sign or resulting from the negligence or willful acts of such person, his or her agents or employees, or workers in the construction, maintenance, repair, or removal of any sign erected in conformance with a permit issued in accordance with the Land Development Code.

• (b) The provisions of the Land Development Code shall not be construed as imposing upon the City or its officers or employees any responsibility or liability by reason of the approval of any signs , materials, or devices under the provisions of the Land Development Code.

• (c) The provisions of the Land Development Code shall not be construed as making the City responsible or liable for any failure to remove any sign that violates the Land Development Code.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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