Santa Ana Municipal Code Art. VI I. - Illegal Temporary Signs

As used in this article, the following terms have the following meanings:

Authorized city employee means an employee of the city who has been authorized by the city manager to remove any temporary sign which is a public nuisance pursuant to section 17-132.

Executive director means the executive director of the planning and building agency of the city or his or her designated representative.

Illegal temporary sign is a temporary sign which is located on public street or other public property in violation of section 10-27 of this Code, or which is located on private property in violation of any provision of Chapter 41 of this Code.

Temporary sign means a sign, placard, poster, banner, or advertisement which is temporary in nature because of the materials of which it is constructed or because of the nature of the copy thereon and which has insignificant re-use market value.

(Ord. No. NS-2294, § 1, 11-18-96)

An illegal temporary sign is a public nuisance and may be abated as such by any authorized city employee in accordance with this article.

(Ord. No. NS-2294, § 1, 11-18-96)

An authorized city employee may remove an illegal temporary sign from any public street or from any city-owned property. An authorized city employee may remove an illegal temporary sign from any other property if the authorized city employee has the permission of the person in lawful possession of the property to do so or is authorized to do so by any court of competent jurisdiction.

(Ord. No. NS-2294, § 1, 11-18-96)

The person who was responsible for the placement of the illegal temporary sign shall be liable to the city for the cost of removal of such sign. In the absence of persuasive evidence to the contrary, the person who benefited from the sign shall be presumed to be the person who was responsible for the placement of the sign. The executive director is authorized to determine the person who was responsible for the placement of the sign and the costs of removal of the sign and to invoice such person for the amount of such costs. The city council may establish reasonable charges for recovery of the costs of sign removal costs, in which event invoices shall be based upon the charges thus established. Any such invoice shall be accompanied by a notice of such person's right to a hearing pursuant to section 17-135. This section shall not apply to noncommercial signs (as defined in section 41-1000 of this Code).

(Ord. No. NS-2294, § 1, 11-18-96)

(a) Any person who has received an invoice pursuant to section 17-134 may request a hearing on the responsibility of such person for the placement of the sign and/or the amount stated as the cost of removal of the sign. Any such request for a hearing must be in writing and must be filed with the planning division within fifteen (15) calendar days of the date of mailing of the invoice. Such request must set forth the basis of such person's objection to the invoice.

(b) Upon the receipt of a request for a hearing, the executive director shall set the hearing date within thirty (30) days after receipt of such request and shall provide the person requesting the hearing date at least five (5) days advance notice of such hearing date. The hearing date may be changed by mutual consent of the executive director and the person requesting the hearing. At the hearing the executive director shall hear such evidence as the person requesting the hearing shall present that such person was not responsible for the placement of the illegal temporary sign or that the amount invoiced for costs of removal of the sign was excessive.

(c) Within a reasonable time following the conclusion of the hearing, if the executive director determines that the person requesting the hearing was not responsible for the placement of the illegal temporary sign, the invoice to such person shall be canceled. Otherwise, the executive director shall either affirm or modify the amount previously determined to be the cost of removal of the sign, as the executive director deems appropriate after taking into consideration the evidence presented at the hearing, and shall add thereto the cost of holding the hearing. The determination of the executive director shall be final, without appeal to any other agency of the city, and the person responsible for the placement of the illegal temporary sign shall be liable to the city for the cost of removal of the sign and the cost of the hearing, as determined by the executive director.

(Ord. No. NS-2294, § 1, 11-18-96)

Any person who is sent an invoice pursuant to section 17-134 shall be exempt from criminal prosecution for the placement of the sign which is the subject of the invoice.

(Ord. No. NS-2294, § 1, 11-18-96)