The following definitions shall apply to this chapter:
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 9.55.020.
means the community development director of the city or designated
representative.
shall have the meaning as defined in Section 21.50.020(26)
of this code.
(Ord. 1929 § 1, 1997)
An illegal temporary sign is a public nuisance and may be abated
as such by an authorized city employee in accordance with this chapter.
(Ord. 1929 § 1, 1997)
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. 1929 § 1, 1997)
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 benefitted from the sign shall be presumed to be the person who was responsible for the placement of the sign. The 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 9.55.050.
(Ord. 1929 § 1, 1997)
(a)
Any person who has received an invoice pursuant to Section 9.55.040 may request a hearing on the responsibility of such person for the placement of the sign and/or whether the sign was lawfully posted. Any such request for a hearing must be in writing and must be filed with the planning division within fifteen 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 director shall set the
hearing date within thirty 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 director and the persons requesting
the hearing.
At the hearing, the 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 and/or
that the sign was lawfully posted.
(c)
Within
a reasonable time following the conclusion of the hearing, if the
director determines that the person requesting the hearing was not
responsible for the placement of the illegal temporary sign or that
the sign was lawfully posted, the invoice to such person shall be
canceled. Otherwise, the director shall affirm the invoice. The decision
of the director shall be final, without appeal to any other department
of the city, and the person responsible for the placement of the illegal
temporary sign shall be liable to the city for the invoice amount.
(Ord. 1929 § 1, 1997)
Any person who is sent an invoice pursuant to Section 9.55.040 shall be exempt from criminal prosecution for the placement of the sign which is the subject of the invoice.
(Ord. 1929 § 1, 1997)
