Chapter 98 — NUISANCES

It is the intent of this chapter to identify and provide a remedy for certain conditions which, when found to exist on land within the city, are detrimental to public health, safety or welfare, or which interfere with the reasonable enjoyment of life or property, and thereby create a public nuisance. ('65 Code, § 8-11.01) (Ord. 350-C.S., passed - - )

It shall be unlawful and hereby declared a public nuisance for any person or persons either owning, leasing, occupying or having charge or possession of any real property within the city to cause, permit or allow any of the following conditions to exist thereon: (A) To maintain property containing any building, structure, equipment or facility in violation of the California Building Code, as adopted and enforced within the city; (B) To maintain any building or structure in such a condition that it would constitute an “imminent danger” as defined in § 202 of the 2021 International Property Maintenance Code, and as adopted and enforced within the city. (C) To maintain property containing a building or structure in such a condition that it would constitute an “unsafe structure or equipment” as defined in § 111 of the 2021 International Property Maintenance Code, and as adopted and enforced within the city; (D) To maintain any building or structure which is abandoned, boarded up, partially destroyed or left unreasonably in a state of partial construction; (E) To abandon or permanently vacate, or cause to be abandoned or permanently vacated, any building or structure, so that it becomes accessible to unauthorized persons, including, but not limited to, juveniles and vagrants, for unlawful or hazardous use; (F) To maintain property in such a manner that the topography or configuration, whether a natural state or as a result of grading operations, causes or will cause erosion, subsidence or surface water containing any oil, solvent, detergent, odorous material creating runoff problems which will or may be injurious to the public health, safety and welfare or to adjacent or nearby properties; (G) To maintain property containing attractive nuisances in the form of: (1) Abandoned, broken, neglected machinery or equipment; or (2) Abandoned, unfenced or otherwise unprotected wells, swimming pools, spas, ponds or excavations; (H) To maintain, install or erect any barbed wire, broken glass, metal spike or other similar sharp or edged object affixed and projecting from atop a solid wall or fence structure, unless otherwise approval is granted by the Building Official; (I) To maintain property, including any sidewalks and parkways adjacent thereto, containing weeds, dry grasses, dead trees, dead shrubs or any other material which bears seeds of a wingy or downy nature or which, by reason of its size, manner, growth or location, constitutes a fire hazard or a threat to public health, or containing weeds, vegetation, grasses, trees or shrubs which, when dry, will in reasonable probability constitute a fire hazard; (J) (1) To maintain property containing refuse, rubbish, broken or discarded furniture or household equipment visible from the public right-of-way or adjoining properties. (2) This includes, but is not limited to, the keeping of, or disposing of, or the scattering over the property or premises any of the following: (a) Junk, trash or debris; (b) Abandoned or discarded objects or equipment, such as automobiles, furniture, stoves, refrigerators, freezers, cans or boxes; or (c) Excavations or stagnant water; (K) To maintain property containing refuse, rubbish, garbage, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of normal persons, or which may cause or attract the migration of insects; (L) To maintain clothes lines in front yard areas; (M) To maintain premises with garbage or trash containers stored in front yards and visible from the public right-of-way, except when in places of collection and at times permitted by this code. Where the property is a corner lot, this division shall apply to storage of garbage and trash containers within those side yard setbacks which are adjacent to the street; (N) To maintain any building, wall, fence or structure with inscriptions, writings, scratches or other markings commonly referred to as “graffiti”; (O) To maintain, construct or erect any building, advertising structure, or other structure, in whole or in part, on or upon any sidewalk, alley, street, lane, court, park or other public place which encroaches upon or obstructs in any manner the free and open use thereof, unless otherwise permitted by this code; (P) To maintain any signs or sign structures, including their supports, braces, guys and anchors which constitute a hazard to health, safety or public welfare by reason of inadequate maintenance, dilapidation or obsolescence, and declared as such by the Building Official; (Q) To maintain property in such a manner as to cause a hazard to the public by obscuring visibility of or at any public right-of-way, road intersection or pedestrian walkway; (R) To maintain any structure in a state of substantial deterioration, such as peeling paint on a facade, broken windows, roofs in disrepair, damaged porches or broken steps or other such deterioration or disrepair not otherwise constituting a violation and which is visible from a public right-of-way or adjoining properties, where such condition would have a tendency to depreciate the aesthetic and property values of surrounding property; (S) To maintain premises with substantial lack of maintenance of landscaped areas, including the lack of cultivation, irrigation, fertilization, trimming of trees and lawns, shrubs, vines and any other ground cover, and the lack of maintenance of non-landscaped areas, where the areas to be maintained are viewable by the public from a public right-ofway or adjoining properties, and where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties; (T) To maintain or operate, between the hours of 10:00 p.m. and 7:00 a.m., any device, instrument, vehicle or machinery in such a manner as to create noise or cause vibrations which cause discomfort or annoyance to reasonable persons of normal sensitivity, or w

ng properties, and where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties; (T) To maintain or operate, between the hours of 10:00 p.m. and 7:00 a.m., any device, instrument, vehicle or machinery in such a manner as to create noise or cause vibrations which cause discomfort or annoyance to reasonable persons of normal sensitivity, or w

ng properties, and where such condition would have a tendency to depreciate the aesthetic and property values of surrounding properties; (T) To maintain or operate, between the hours of 10:00 p.m. and 7:00 a.m., any device, instrument, vehicle or machinery in such a manner as to create noise or cause vibrations which cause discomfort or annoyance to reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace of the public or of any person using or occupying other property in the vicinity; (U) To maintain, keep or operate any machinery which, by reason of its dust, exhaust or fumes, creates a health or safety hazard; (V) To maintain, store, discharge, hold, handle, use or otherwise deal with hazardous substances, sewage or liquid wastes, as defined by applicable federal, state or local laws or regulations: (1) In violation of federal, state or local laws or regulations; (2) In such a manner to affect in any way air or water quality; or (3) In such a manner as creates an identifiable risk of accidental release of the substances which might adversely affect the health or safety of persons, damage property or adversely affect air or water quality; (W) To fail to remove underground or aboveground storage vessels or tanks within six months after the use of such tanks or vessels ceases; (X) To maintain any building, structure or property or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the location, condition, use, construction or maintenance of buildings and properties;

(Y) To maintain property in such condition as creates a detriment or hazard to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Cal. Civil Code §§ 3479 and 3480 or other applicable statutes.

(‘65 Code, § 8-11.02) (Ord. 350-C.S., passed - - ; Am. Ord. 587 C.S., passed 12-7-10; Am. Ord. 607-C.S., passed 11-19-13; Am. Ord. 630-C.S., passed 12-6-16; Am. Ord. 655, passed 11-19-19; Am. Ord. 686, passed 11-15-22) Penalty, see § 98.99

All or any part of any real property, or building or structure located thereon, found to constitute a public nuisance as provided in this chapter, shall be abated by rehabilitation, repair, removal or demolition pursuant to the procedures set forth in this chapter.

('65 Code, § 8-11.03) (Ord. 350-C.S., passed - - )

The Community Development Director is authorized to administer and enforce the provisions of this chapter. The Community Development Director may appoint and authorize one or more members of the Community Development staff to act as his designee to administer or enforce this chapter. In the context of this chapter, COMMUNITY DEVELOPMENT DIRECTOR includes each and all persons designated by the Community Development Director to assist in the administration and enforcement of this chapter, as limited by the terms of the delegation.

('65 Code, § 8-11.04) (Ord. 350-C.S., passed - - )

(A) Whenever the Community Development Director finds that any real property within the city, or any building, improvement or structure located thereon, is being maintained in violation of one or more of the provisions of § 98.02 hereof and reasonably believes that such violation constitutes a public nuisance under this chapter, he may set the matter for a public hearing before the Hearing Officer.

(B) Prior to setting any such matter for public hearing, the Community Development Director shall insure that all reasonable alternative remedies have been exhausted without an abatement having been effectuated.

('65 Code, § 8-11.05) (Ord. 350-C.S., passed - - )

(A) The Community Development Director shall give not less than ten days written notice of the time and place of the public hearing to the owner of the affected property as shown on the latest equalized assessment roll of Los Angeles County. The Community Development Director may direct that notice also be given to other property owners who may have an interest in or be affected by the conditions which allegedly exist on the property and require abatement. The notice shall be headed “NOTICE TO ABATE A PUBLIC NUISANCE” in letters not less than one inch in height, and shall describe the property involved by street address and by the Los Angeles County Assessor's property identification number, including the map book, page and parcel numbers, as contained in the latest equalized assessment roll of the county. The notice shall include a brief description of the conditions which are deemed to be contrary to the provisions of § 98.01 hereof and shall contain a detailed list of the corrections necessary to abate the cited conditions.

(B) The notice shall direct the owner of the property to abate the conditions which have created the nuisance and shall set forth in said notice the contents of § 98.07, relating to the owner's right to abate the nuisance prior to the hearing.

(C) At least ten days prior to the date set for hearing, the Community Development Director shall cause a copy of the notice to be conspicuously posted on or near the affected property.

(D) The failure of any person to receive such notice shall not affect the validity of any proceedings under this chapter. Notice shall be given by personal delivery or by United States mail, registered or certified, with return receipt requested. If notice is given by registered or certified mail as aforesaid, notice shall be deemed received when deposited in the United States mail.

('65 Code, § 8-11.06) (Ord. 350-C.S., passed - - )

Any owner shall have the right to abate the alleged nuisance in accordance with the notice of hearing and notice to abate at his or her own expense, provided the same is done prior to the time at which the matter is set for public hearing before the Hearing Officer. On receipt of notice from the property owner that the conditions directed to be abated have been abated in accordance with the notice, the Community Development Director shall cause the same to be inspected to verify compliance. If the Community Development Director finds that compliance has been achieved, he shall terminate the proceedings.

('65 Code, § 8-11.07) (Ord. 350-C.S., passed - - )

The hearing to determine whether a nuisance exists shall be conducted by the City Manager or his duly authorized designee who shall act as Hearing Officer, and who shall hereinafter be referred to as the “Hearing Officer.”

('65 Code, § 8-11.08) (Ord. 350-C.S., passed - - )

(A) The hearing to determine whether a nuisance exists shall be conducted by the Hearing Officer who shall consider all relevant evidence including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged public nuisance, and the manner proposed for abatement of same. The hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances permit.

(B) Upon the conclusion of the public hearing, the Hearing Officer shall, on the basis of the evidence presented at such hearing, determine whether the property, or any part thereof, or any condition thereon, as maintained, constitutes a public nuisance, as defined herein. If the Hearing Officer finds that a public nuisance exists, he or she shall, by written notice, order the same abated in a reasonable period of time as set forth in the notice. The determination of the Hearing Officer shall be final unless appealed in the manner provided in this chapter.

('65 Code, § 8-11.09) (Ord. 350-C.S., passed - - )

(A) A copy of the Hearing Officer's order of abatement of the nuisance shall be served upon the owner of the property in accordance with the provisions of § 98.06 hereof, together with a detailed list of needed corrections or abatement methods.

(B) If no appeal is filed pursuant to § 98.11 and the nuisance is not completely abated by the owner, as directed, within the time set forth in the order of abatement then, when the time for appeal has expired, the Community Development Director shall cause the same to be abated by city personnel or private contract, and entry upon the premises is expressly authorized for such purposes. Upon completion of the abatement by direction of the Community Development Director, the Community Development Director shall cause a statement of the costs thereof to be prepared for submission to the City Council. The Community Development Director shall set a time and place for the City Council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the City Council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as is provided in § 98.06 hereof and shall be accompanied by a copy of this chapter.

('65 Code, § 8-11.10) (Ord. 350-C.S., passed - - )

(A) The owner or owners of the property affected by the decision of the Hearing Officer, or any person owning a property interest affected by such decision, may appeal the decision of the Hearing Officer to the City Council by filing an appeal with the City Clerk within five working days following the giving of the notice of the decision of the Hearing Officer. The appeal shall contain the following:

(1) A specific identification of the property;

(2) The names and addresses of all appellants;

(3) A statement of each appellant's legal interest in the property;

(4) A statement specifying the grounds for the appeal together with all material facts in support thereof;

(5) The signature of each appellant and the date of execution of the appeal document; and

(6) The verification of at least one appellant as to the truth of the matter stated in the appeal.

(B) The City Clerk shall, upon receipt of such appeal, together with a filing fee, set the matter for hearing before the City Council not less than ten nor more than 30 days following the filing of the appeal. Notice of hearing shall be given in the manner provided for in § 98.06 of this chapter.

(C) The Council may, by resolution, establish a fee from time to time for the processing of an appeal.

('65 Code, § 8-11.11) (Ord. 350-C.S., passed - - )

(A) At the time and place set for the hearing, the City Council shall review and consider the record before and the report and decision of the Hearing Officer and written and oral argument relative to the report and decision of the Hearing Officer. The hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances permit.

(B) Upon the conclusion of the public hearing, the City Council shall, on the basis of the record before and the report of the Hearing Officer, and considering such argument as may have been presented and received at the hearing, determine whether the decision of the Hearing Officer should be upheld, modified or overturned. The determination of the City Council shall include a statement as to whether or not a public nuisance exists. If the City Council finds that a public nuisance exists, it shall, by resolution, order the same abated within a reasonable time, which time shall be set forth in the resolution. If the City Council finds that no public nuisance exists, the notice to abate shall be deemed to have been withdrawn and the matter shall be terminated. The determination of the City Council shall be final.

('65 Code, § 8-11.12) (Ord. 350-C.S., passed - - )

A copy of the City Council's resolution ordering abatement of the nuisance shall be served upon the owner of the property in the same manner as provided in § 98.06 hereof, together with a detailed list of needed corrections or abatement methods. If the City Council finds that no nuisance exists, notice of such findings shall be mailed to the owner of the property by regular or certified mail and a copy of such notice shall be delivered to the Hearing Officer. ('65 Code, § 8-11.13) (Ord. 350-C.S., passed - - )

Any owner shall have the right to abate the public nuisance in accordance with the City Council's resolution ordering abatement, at his or her own expense, provided the same is completed prior to the expiration of the time set forth in the resolution. Upon compliance with the resolution by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set forth in the resolution, then the Community Development Director shall cause the same to be abated by city personnel or private contract, and entry upon the premises is expressly authorized for such purposes. Upon completion of the abatement by direction of the Community Development Director, the Community Development Director shall cause a statement of the costs thereof to be prepared for submission to the City Council. The Community Development Director shall set a time and place for the City Council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the City Council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as is provided in § 98.06 hereof and shall be accompanied by a copy of this chapter. ('65 Code, § 8-11.14) (Ord. 350-C.S., passed - - )

At the time and place set for receiving and considering the statement of costs, the City Council shall hear and pass upon the statement together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Council may make any such revision, correction or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Such hearing may be continued from time to time, provided however, that the hearing shall be completed as expeditiously as circumstances permit. The decision of the City Council shall be final. ('65 Code, § 8-11.15) (Ord. 350-C.S., passed - - )

The City Clerk shall give notice of the City Council's decision regarding the statement of costs to the owner, or owners of said property in the manner set forth in § 98.06 of this chapter.

('65 Code, § 8-11.16) (Ord. 350-C.S., passed - - )

(A) The cost of abatement of a nuisance, as confirmed by resolution of the City Council, shall constitute a special assessment against the property to which it relates, and after its recording, as thus made and confirmed, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of the statement, a copy thereof shall be recorded in the official records of Los Angeles County and shall be transmitted to the assessor and tax collector of the County of Los Angeles by the City Clerk. Whereupon it shall be the duty of the assessor and tax collector to add the amount of the assessment, or assessments, to the next regular bills of taxes levied against the said respective lot or parcel of land, and thereafter said amount shall be collected at the same time and in the same manner as ordinary real property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in the case of delinquency as provided for ordinary real property taxes.

(B) The notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of the City of San Gabriel)

Pursuant to the authority vested by the provisions of §§ 98.09 through 98.13 of Chapter 98 of Title IX of the Municipal Code, the City Manager of the City of San Gabriel did, on or about the day of , 19 , cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described to be repaired or demolished in order to abate a public nuisance on the real property; and the City Council of the City of San Gabriel did, on the day of , 19 , assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid, the City of San Gabriel claims a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ ; and the same shall be a lien upon the real property until paid in full and discharged of record.

The real property referred to and upon which a lien is claimed is that certain parcel of land lying and being in the City of San Gabriel, County of Los Angeles, State of California, and particularly described as follows:

(legal description)

DATED: This day of , 19 .

__________________________ City Manager

City of San Gabriel, California

('65 Code, § 8-11.17) (Ord. 350-C.S., passed - - )

The Community Development Director or his duly authorized designee, assistants, deputies, employees or contracting agents may enter upon the land for posting or serving notice, or for abating any public nuisance and violation as herein provided.

('65 Code, § 8-11.18) (Ord. 350-C.S., passed - - )

Nothing in this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil action or other judicial or administrative proceeding to abate the alleged nuisance or to obtain any other appropriate remedy in addition to, as an alternative to, or in conjunction with the procedures authorized by this chapter; nor shall the implementation of this chapter be deemed to prevent appropriate authorities from commencing a criminal action based upon the conditions constituting the alleged nuisance. ('65 Code, § 8-11.19) (Ord. 350-C.S., passed - - )

Notwithstanding any other provision of this chapter, whenever the Community Development Director determines that any real property or any building, structure or condition thereon is dangerous or constitutes an immediate threat to public health or safety, he shall, without being required to observe the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate such public nuisance. Where such condition exists, and abatement is immediately required, the Community Development Director shall prepare a statement of costs in respect thereto, and the provisions of §§ 98.14 through 98.16 of this chapter shall apply. ('65 Code, § 8-11.20) (Ord. 350-C.S., passed - - )

No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined herein to exist within the city. It shall be the duty of every owner, occupant and person in control of any property, business, operation or interest therein located within the city to remove, abate and prevent the recurrence of a public nuisance upon such activity or interest therein. Any recurrence of a condition may be deemed to be a continuation of the original condition. ('65 Code, § 8-11.21) (Ord. 350-C.S., passed - - ) Penalty, see § 98.99

(A) The owner or other person having charge or control of any such buildings, premises or property who maintains any public nuisance defined in this chapter, or who violates an order of abatement made pursuant to §§ 98.09 or 98.13, is guilty of a misdemeanor.

(B) Any occupant or lessee in possession of any such building or structure who fails to vacate the building or structure in accordance with an order given as provided in this chapter is guilty of a misdemeanor.

(C) Any person who removes any notice or order posted as required in this chapter, for the purpose of interfering with the enforcement of the provisions of this chapter is guilty of a misdemeanor.

('65 Code, § 8-11.22) (Ord. 350-C.S., passed - - ) Penalty, see § 98.99

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. TEMPORARY SIGN. A sign which is nonpermanent and is intended to be displayed for a period of time not to exceed 90 days.

SIGN OF NOMINAL VALUE. Any sign made of cardboard or other non-durable material and which has insignificant re-use market value shall be deemed to be of nominal value.

ILLEGAL SIGN. A sign which is located on a public street or other public property in violation of §§ 111.07 or 152.28. (Ord. 482-C.S., passed 2-17-98)

(A) Any illegal sign in the public right-of-way may be removed by the city.

(B) No notice shall be required prior to removal of illegal signs, including without limitation, election signs, located in the public right-of-way.

(C) Any sign removed by the city, except any sign of nominal value, shall be held in storage and the owner or other person in control of such sign, shall be given written notice and ten calendar days to reclaim such sign.

(D) Any sign held in storage by the city may be destroyed by the city if not reclaimed:

(1) In the time period set forth in division (C) above; or

(2) Within ten calendar days after the removal if the owner or other person in control of such sign is not known.

(E) In order to reclaim a sign removed by the city, the owner or other person in control of such sign shall first pay to the city a fee set forth in a resolution adopted by the City Council.

(F) In any illegal sign in the public right-of-way of nominal value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim sign shall be given by the city.(Ord. 482-C.S., passed 2-17-98)

(A) Each of the following persons is presumed to be responsible for the posting of an illegal sign, including without limitation an election sign, on public property: (1) Any person whose name appears on the sign; and

(2) The promoter or sponsor of an event named on the sign; and

(3) Any person retained to post or distribute such signs.

(B) More than one person may be deemed responsible for the placement of the same sign.

(Ord. 482-C.S., passed 2-17-98)

(A) All persons responsible for an illegal sign posted on public property, as well as any person who actually posted the sign, shall be jointly and severally liable for the costs of the city for the removal of such sign from public property. Such charges shall be in addition to all other legal remedies, criminal, civil and administrative, which may be pursued by the city, to address any violation of this code.

(B) The City Manager, or his/her designee, is authorized to determine the person or persons responsible for the placement of the sign and to invoice such person for the amount of such costs.

(C) An invoice shall be served upon a responsible party by the City of San Gabriel, via certified mail, return receipt requested.

(D) The total amount of the invoice shall be deemed to be a civil debt to the city and the city may take such action to recover such charges as the city is authorized to do so by law for the recovery of a civil debt.

(Ord. 482-C.S., passed 2-17-98)

(A) The invoice shall include a notice of the right of the person being charged to request a hearing before the City Manager, or his/her designee, to dispute the imposition of the charges. (B) Any request for a hearing to dispute the imposition of charges must be in writing and received by the Office of the City Manager within ten calendar days of the date of mailing of the invoice, and shall include a statement of the reasons and grounds upon which the dispute is based.

(C) Upon receipt of a request for a hearing, the City Manager, or his/her designee, shall set the hearing date within 30 days after receipt of such request and shall provide the person requesting the hearing date at least five days advance notice of such hearing date. The hearing date may be changed by mutual consent of the City Manager, or his/her designee, and the person or persons requesting the hearing. (Ord. 482-C.S., passed 2-17-98)

(M) Off-site real estate open house signs. Off-site real estate open house signs subject to the following standards:

(1) Notwithstanding any other provisions in this code to the contrary, real estate open house signs may be placed upon the public parkway provided that all of the following restrictions are met: (a) Real estate professionals placing open house signage permitted by this section shall obtain the permission of the adjacent property owner or tenant before placing any such signage, whenever possible. (b) Signage shall be limited to one sign per corner, four signs per intersection. (c) In no event shall an open house sign be placed in a center median strip. (d) Open house signs shall only be posted on the same day of the open house.

(e) Signage display hours shall be limited to 10:00 a.m. to dusk, or 7:00 p.m., whichever is earlier. (f) Open houses signs shall contain the following information:

1. Directional arrow(s) to, or the address of, the subject property; and

2. The real estate professional's name and phone number, for identification purposes only. A business card taped to the sign will satisfy this requirement.

(g) The message content on the sign shall only relate to an activity actually in progress during the allowable display period.

(h) No sign shall obstruct the safe and convenient use by the public of adjoining sidewalk, curbside parkway, or roadway area. No sign shall be placed closer than 15 feet from a driveway approach.

(i) No sign shall exceed three feet in height as measured from the ground to the top of the sign.

(j) No flag, pennant, streamer, banner, or balloon shall be displayed with or attached to an open house sign permitted by this section.

(k) The real estate professional placing a sign or signs permitted by this section shall assume all liability associated with the placement of such sign and shall hold the City of San Gabriel free and harmless from all liability and defense costs in the event of litigation regarding injuries or property damage caused by the placement of the sign(s).

• (l) Each posted sign, as permitted by this section, shall be maintained in a neat, clean, and safe condition.

• (m) No posted sign may be chained to or otherwise locked to a fixed object in the public right-of-way.

• (n) Signs posted in violation of any of these requirements shall subject the person placing the sign(s) to infraction penalties for violation of the San Gabriel Municipal Code.

• (o) No more than five signs total shall be posted for a single open house event.

('65 Code, § 9-3.2408) (Ord. 445-C.S., passed 5-16-95; Am. Ord. 482-C.S., passed 2-17-98)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of up to $1,000, or imprisonment for a period of up to six months in jail, or by both such fine and imprisonment. Any condition which constitutes a public nuisance as set forth in this chapter shall be deemed a separate offense for each day the violation exists.

('65 Code, § 8-11.22) (Ord. 350-C.S., passed - - )