Whittier Municipal Code Ch. 16.10 Special Provisions

This chapter applies to temporary, noncommercial signs. "Noncommercial" means that the sign's primary purpose is not to direct attention to, or inform the public of, a commercial transaction or location. Refer to Chapter 18.76.080 (Temporary On-Premises Signs) for all other temporary on-premises sign regulations.

(Ord. 2907 § 2 (part), 2008)

(Ord. No. 3042, § 2, 8-11-15)

All temporary noncommercial signs shall comply with the following provisions:

A. All signs shall be placed on private property only. Signs placed on public property are prohibited, except as provided for in Section 18.73.030 of the Whittier Municipal Code.

B. Signs are prohibited on all utility poles, street trees, traffic control devices, poles, signs, light poles and on any privately or publicly owned signs, utility equipment, telephone and electrical lines and infrastructure. Such signage shall not be placed in the public right-of-way except as provided for in Section 18.73.030(E) of this code.

C. Signs shall be placed at least five feet distance from each other.

D. Signs shall not be placed so as to obstruct ingress and egress into any private or public property.

E. No sign shall be placed so as to obstruct pedestrians' or motorists' view of signs erected by a local, state, or federal governmental agency, including, but not limited to, traffic signs, public directional signs, parking signs, and street address signs.

F. No sign shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.

G. For signs posted on any property, the person or entity responsible for the sign shall obtain written permission from the property owner or their authorized representative prior to posting of any signs.

H. No sign shall exceed four square feet of gross sign area, and shall not exceed a height of five feet (as measured vertically from the bottom of the sign or the pole it is mounted on) to the top of the sign.

I. Temporary directional signs shall not be designed or constructed to cause undue distraction to motorists. For example, temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts, and shall not generate any source sounds (including radio waves), nor any light, steam or smoke.

(Ord. 2907 § 2 (part), 2008)

Signs placed in violation of the provisions of this chapter are subject to summary abatement by the city. Abated signs are subject to a sign removal fee, in an amount to be determined from time to time by resolution of the city council.

Abated signs may be retrieved at the Whittier Police Department for fourteen days following their removal. Signs not retrieved within that time period shall be subject to destruction according to the city's regular procedures and timing for such destruction.

If the owner of the signs can be reasonably ascertained, notice of the abatement, abatement fee, and time period to retrieve the abated signs shall issue within twenty-four hours of the removal of the signs.

(Ord. 2907 § 2 (part), 2008)

A. Anyone subject to an abatement fee may contest the fee by completing a "Request for Hearing Form," to be obtained from and returned to the Whittier police department within fifteen days from the date of service of the abatement fee notice, together with an advanced deposit of the fee. A hearing shall not be deemed filed unless all of the requirements of this subsection are met.

B. A hearing before a hearing officer on the abatement fee shall be set for a date that is not less than fifteen nor more that sixty days, except upon the consent of the person subject to the fee as to a shorter or longer period of time, from the date the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing in writing at the address provided on the "Request for Hearing Form" filed with the city, or any updated address provided by the person making the request.

(Ord. 2907 § 2 (part), 2008)

A. No hearing to contest an abatement fee before a hearing officer shall be held unless and until a "Request for Hearing Form" has been completed, filed and the fine has been deposited in accordance with the requirements of this chapter.

B. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person caused and/or maintained, or allowed to be maintained, the violation(s) specified in the abatement fee notice.

C. At least ten days prior to the hearing, the person subject to an abatement fee shall be provided with copies of any and all citations, reports, and other documents submitted to the hearing officer or relied upon by the enforcement officer in relation to the hearing at the address provided or updated by the person requesting the hearing. The formal rules of evidence shall not apply.

D. The abatement fee notice and any additional documents submitted by the enforcement officer to the hearing officer for consideration at the hearing shall constitute prima facie evidence of the respective facts contained in those documents.

E. The person contesting the abatement fee shall be given the opportunity to testify and present witnesses and relevant evidence concerning the violation(s) charged in the abatement fee notice.

F. The failure of the person subject to an abatement fee notice, or his/her representative, to appear at the abatement fee hearing shall constitute a forfeiture of the right to a hearing, as well as an abandonment of the filed request for a hearing and a failure to exhaust his/her administrative remedies. The right to appeal the abatement fee shall not be deemed abandoned if the appellant can demonstrate, by a preponderance of the evidence, good cause for the failure to appear at the hearing.

G. The abatement fee notice and any additional documents submitted by the enforcement officer to the hearing officer shall constitute prima facie evidence of the respective facts contained in those documents.

H. Neither the enforcement officer nor any other representative of the city shall be required to attend the hearing, nor be required to submit to the hearing officer any evidence other than the fee notice; however, any such appearance and/or submission may be made at the discretion of the enforcement officer or any city employee or agent.

I. The hearing officer may continue the hearing and request additional information from the enforcement officer or the person subject to the abatement fee prior to issuing a written decision.

(Ord. 2907 § 2 (part), 2008)

(Ord. No. 3112, § 2, 2-25-20)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision, within ten days of the final conclusion of the hearing or the submittal of additional information requested by the hearing officer, to uphold, modify or revoke the abatement fee notice and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.

B. If the hearing officer determines that the abatement fee notice is upheld, the amount of the fee on deposit with the city shall be retained by the city.

C. If the hearing officer determines that the abatement fee is revoked, the city shall refund the amount of the deposited fee within thirty days of the issuance of the hearing officer's decision.

D. The person subject to the abatement fee shall be served by way of first class U.S. mail with a copy of the hearing officer's written decision within five days from the date of the final hearing. The hearing officer's decision is final.

E. The decision must include notice that any legal challenge to the final decision shall be made pursuant to provisions of Government Code Section 53069.4 and shall be commenced within twenty days following issuance of the final decision.

(Ord. 2907 § 2 (part), 2008)

A. The city at its discretion may pursue any and all legal and equitable remedies, to which the city may be entitled, for the collection of unpaid fees and penalties relating to the abatement of signs. Pursuit of one remedy does not preclude the pursuit of any other remedies.

B. Any fee required by an abatement notice or the provisions of this chapter shall be paid or deposited with the city clerk.

(Ord. 2907 § 2 (part), 2008)

Any person or entity aggrieved by a decision of the hearing officer on an abatement fee may obtain review of the administrative decision by filing an appeal of the final decision or order in the Los Angeles County Superior Court in accordance with the requirements of California Government Code Section 53069.4.

(Ord. 2907 § 2 (part), 2008)

Except as specifically provided in this chapter, all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of Section 1.04.200 of the Whittier Municipal Code. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted in this chapter, but may be grounds for excusing the strict application of the provisions of this chapter, upon sufficient evidence of a failure to receive a notice.

(Ord. 2907 § 2 (part), 2008)