(a) Unsafe, dilapidated or deteriorated signs.
If the building
official determines that any sign is unsafe or insecure, or is dilapidated
or deteriorated, he shall give written notice to remove or replace
(in accordance with this article) said sign to the owner or person
responsible for the sign. If the sign is not a valid, nonconforming
sign, and the permit holder, owner of the sign or owner of the site
on which the sign is located fails to remove or repair the sign within
seven days after such notice or to file an appeal of the decision,
the building official may cause the removal of such sign. A person
commits an offense if the person fails to, within seven days of receipt
of notice, remove or correct an unsafe, dilapidated or deteriorated
sign.
(1) Nothing contained herein shall prohibit the immediate removal, without
notice, of any sign or portion of a sign which is determined by the
building official to be an immediate threat or danger to the public
health, safety, or welfare.
(2) Any expense incident to the removal of a sign pursuant to this subsection
shall be paid by the permit holder, owner of the sign or owner of
the site on which the sign is located. The removal of the sign or
portion of the sign shall be limited to the extent necessary to eliminate
the threat to public health, safety, and welfare.
(b) Signs on utility poles.
The building official may remove
a sign that is erected, constructed or otherwise attached to a utility
pole located upon any public right-of-way or utility easement. The
owner of the sign or owner of the site on which the sign is located
shall be charged a sign recovery fee to recover the sign from the
city unless the permit holder or owner satisfactorily establishes
that such sign was not placed in the right-of-way by the owner of
such sign or by any authorized agent, representative, or employee
of said owner. Any sign so removed by city personnel may be held for
a period of 72 hours and upon expiration of such time may be disposed
of.
(c) Signs in rights-of-way and/or on public property.
The
building official may remove a sign that is erected, constructed or
otherwise located within or upon public right-of-way or on public
property. The owner of such sign shall be charged a sign recovery
fee to recover such sign from the city. No fee shall be charged if
the permit holder or owner satisfactorily establishes that such sign
was not placed in the right-of-way by the permit holder or owner of
such sign or by any authorized agent, representative or employee of
said owner. Any sign so removed by city personnel may be held for
a period of 72 hours and upon expiration of such time may be disposed.
(d) Illegally erected signs.
The building official may remove
any sign that is erected, constructed or otherwise displayed, in direct
violation of this article. The permit holder, owner of the sign or
owner of the site on which the sign is located shall be charged a
sign recovery fee in accordance with the city fee schedule to recover
such sign from the city. Any such sign removed by city personnel may
be held for a period of 72 hours and upon expiration of such time
may be disposed. For permanent signs, the sign must be removed by
the permit holder, owner of the sign, or owner of the site upon which
the sign is located within a reasonable time period as determined
by the building official. Upon failure to comply with such notice
or to file an appeal of the decision, the building official is authorized
to cause the removal of such sign, and any expense incident thereto
shall be paid by the permit holder, owner of the sign or owner of
the site on which the sign is located.
(e) Abandoned or illegally erected signs.
Any sign which
the building official determines is abandoned shall be removed by
the sign erector, property owner or lessee of the land, buildings
or structure upon which the sign is located within seven (7) days
after written notification to do so from the building official. Upon
failure to comply with such notice, the building official is hereby
authorized to cause the removal of such sign, and any expenses incident
thereto shall be paid by the sign erector, property owner or lessee
of the land, building or structure to which sign is attached or upon
which it is erected.
(Ordinance 1342-2022 adopted 3/8/22)
(a) Pursuant
to the Health and Safety Code, chapter 342, as amended, a sign that
is abandoned, unsafe or dilapidated or deteriorated, and is visible
from a public place is hereby declared a public nuisance. The nuisance
may be abated by repair, demolition or removal in accordance with
these procedures and as provided by law.
(b) A
person commits an offense if the person maintains an abandoned sign
or a sign in dilapidated or deteriorated condition on property he
owns or controls.
(Ordinance 1342-2022 adopted 3/8/22)
(a) The city does hereby assess the expenses incurred pursuant to section
3.12.062 against the real estate on which the nuisance is abated, and charge the owner of the property for the same.
(b) The
city shall send the owner of the property upon which the work was
done a notice. The notice shall include:
(1) An identification of the property;
(2) A description of the violation;
(3) A statement that the city abated the condition;
(4) A statement of the city’s charges and expenses in abating the
condition;
(5) An explanation of the property owner’s right to request a hearing
within ten (10) days; and
(6) A statement that in the event the owner fails or refuses to pay the
expense within 30 days after the first day of the month following
the one in which the work was done, the public works director or city
manager or his designee shall obtain a lien against the property by
filing with the county clerk of the appropriate county a statement
of the expenses so incurred.
(c) The
city council will conduct a hearing if the property owner submits
a written request within 10 days of the property owner’s receipt
of the notice. The council may find if a preponderance of the evidence
presented so shows, that the charges are erroneous and may adjust
the charges.
(d) The
lien is security for the expenditures made and interest accruing at
the rate of ten (10) percent per annum from the date of payment by
the city.
(e) When
the statement is filed, the city shall have a privileged lien on that
property, second only to tax liens and liens for street improvements.
(f) For
any such expenditures and interest, suit may be instituted, and recovery
and foreclosure had by the city. The statement of expenses or a certified
copy therefor is prima facie proof of the expenses incurred by the
city in doing the work or making the improvements, all as more particularly
specified in Health and Safety Code, section 342.007, as amended,
which is adopted and incorporated herein by reference.
(Ordinance 1342-2022 adopted 3/8/22)