It is the purpose of this chapter to establish sign regulations:
A. 
Which create an environment free of visual and economic blight and hazards to public safety caused by signs excessive in number, sign area, and height; signs poorly designed and sited; and signs which are structurally unsafe; and
B. 
Which provide a reasonable opportunity for individuals and business to identify themselves, the products produced or sold, and the services rendered and the premises they occupy.
(Prior code § 27-9.1; Ord. 1410 § 1, 1982)
A. 
Except as otherwise provided in this chapter, no person shall place any sign upon real property unless they first shall have applied for and received a sign permit from the building inspector, shall have complied with all applicable provisions of this chapter, and shall have received the approval of the architectural review committee or the community development director, where required.
B. 
The community development director shall review all applications for business licenses pursuant to this code to determine if the existing or proposed signs to be used on the lot on which the business is to be conducted complies with or will comply with this chapter. The director shall also review all applications for sign permits to determine whether the sign or proposed sign will comply with the requirements of this chapter.
C. 
The building division shall not issue a permit unless:
1. 
The community development director has certified that the sign meets the requirements of this chapter and has been reviewed by the architectural review committee, where necessary;
2. 
The permit fee as established by resolution of the city council shall have been paid; and
3. 
The express permission of the occupant, owner, lessee, or person having possession of the real property upon which the sign is proposed to be placed shall have been obtained by writing.
D. 
This section shall not prohibit the placement of any notice or legal advertisement by any public officer as prescribed or required by law.
(Prior code § 27-9.2; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
No off-site advertising display, advertising structure, or sign shall be placed on any lot or landscaped freeway, except:
1. 
A sign advertising the sale of a subdivision pursuant to Section 12.104.170;
2. 
A sign advertising the sale or leasing of real property pursuant to Section 12.104.180;
3. 
A temporary sign placed pursuant to Section 12.104.190 or 12.104.200;
4. 
An election sign placed pursuant to Section 12.104.210.
B. 
No sign shall be placed or maintained:
1. 
Within the following portions of a public street right-of-way: public streets, sidewalks, public benches therein, median divider strips, and traffic islands, except for:
a. 
Directional signs placed or maintained by or under the authority of the public agency having jurisdiction or control over such right-of-way, and
b. 
Real estate directional signs pursuant to Section 12.104.180 B, or garage sale signs; provided that no such signs shall be placed in a manner as to unreasonably obstruct or interfere with the free passage or view of the traffic by motorists, pedestrians or other persons using such right-of-way;
2. 
On any public utility pole, or any fixture or wire attached thereto, except for legal notices or advertisements prescribed or required by law;
3. 
Without sufficient clearance from energized electrical power lines as prescribed by Section 385 of the Penal Code, and by regulations of the Public Utilities Commission of the state, and by the orders of the State Division of Industrial Safety;
4. 
So as to prevent free ingress to or egress from any door or window required by this code, or any fire escape;
5. 
On any light standard, traffic signal, or control mechanism, fire standard or hydrant, or emergency exit;
6. 
So as to be attached to any standpipe, gutter, drain, or fire escape;
7. 
So as to obstruct the view of any authorized traffic sign, sign, or device;
8. 
On any tree.
C. 
No flashing, running, revolving, scintillating, or similar lights or lighting is permitted.
D. 
Except for barber poles, no revolving signs shall be permitted.
(Prior code § 27-9.3; Ord. 1410 § 1, 1982)
Signs on lots in nonresidential zoning districts and on lots in residential zoning districts principally used for nonresidential purposes shall be governed by the provisions of Sections 12.104.050 through 12.104.140, inclusive.
(Prior code § 27-9.4; Ord. 1410 § 1, 1982)
A. 
General Rule. The aggregate sign area permitted for all freestanding signs, wall signs, projecting signs, roof signs, window signs, and individual letter signs for each lot shall be seventy-five square feet for lots with a street frontage of twenty-five feet or less, plus an additional three square feet for each additional foot of street frontage beyond twenty-five feet, up to a maximum of two hundred twenty-five square feet. The limitation is depicted by the following graph.
-Image-11.tif
B. 
Doubled-faced Signs. For purposes of calculating the aggregate sign area permitted pursuant to subsection A of this section, the sign area of a double-faced sign shall be deemed to be one-half of the total sign area of both faces.
C. 
Corner Lots; Lots with Multiple Frontage. On a corner lot, or a lot having more than one street frontage, the community development director shall determine the maximum sign area permissible by referring to the street upon which the lot principally fronts.
D. 
Signs on Rear of Buildings. Additional sign area shall be allowed on the rear of buildings contiguous to public or private parking areas. Such area shall not exceed one-half square foot for each lineal foot of store width, or twenty-five square feet, whichever is smaller.
E. 
Deviations. Deviations from the aggregate sign area maximum may be approved by the architectural review committee pursuant to Section 12.104.220.
(Prior code § 27-9.5; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Maximum Height. In the central business district (C-B-D), twenty-five feet from ground level. In other districts, thirty-five feet from ground level.
B. 
Location. Entirely within lot lines, except as provided in subsection C of this section.
C. 
Projection from Property Line Over Sidewalk. Maximum, one foot.
D. 
Minimum Vertical Clearance. Ten feet above sidewalk or adjacent ground.
E. 
Construction. All freestanding signs shall be constructed entirely of metal or of fire-retardant wood as approved by the fire marshal. They shall be securely attached to posts or supporting structures. Supports shall be set in concrete and the entire sign designed to resist twenty pounds per square foot wind pressure. They shall be constructed to support deadloads otherwise required by this code.
(Prior code § 27-9.6; Ord. 1410 § 1, 1982)
A. 
Location. Flat against the wall of a building or in the front of the cornice over a first-story show window.
B. 
Projection from Property Line Over Sidewalk. Maximum, one foot.
C. 
Minimum Vertical Clearance. Seven feet above sidewalk or surrounding ground. The community development director shall have the power to grant deviations from this requirement.
D. 
Other Regulations.
1. 
Wood Signs. Wood signs anchored flatwise against a building shall be fastened directly to the wall by wall-secured metal anchors. Such signs shall not have electric lights, tubes, or fixtures attached. Wooden supports or braces shall not be permitted. Such signs shall be constructed entirely of fire-retardant wood as approved by the fire marshal.
2. 
Metal or Plastic Signs. Any such sign which is parallel to the face of a building shall be deemed to be a projecting sign, and if the projection is over six inches, such sign shall be governed by Section 12.104.080.
(Prior code § 27-9.7; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Projecting from Property Line Over Public Right-of-way. Maximum, one foot. Barber poles shall not project more than one foot from the face of the building.
B. 
Minimum Vertical Clearance.
1. 
Barber poles: Seven feet above sidewalk or surrounding ground.
2. 
Other signs: Ten feet above sidewalk or surrounding ground.
C. 
Limit in Number. One projecting sign for any business establishment, facility, or enterprise, except that if the business establishment, facility, or enterprise has frontage on more than one street, there may be one projecting sign for each such frontage.
D. 
Construction. Projecting signs shall be constructed wholly of metal or plastic conforming to the requirements of the building and electrical codes, or of metal or approved type plastic and glass, or of fire-retardant wood as approved by the fire marshal. They shall be firmly anchored with metal brackets and guys.
(Prior code § 27-9.8; Ord. 1410 § 1, 1982)
A. 
Maximum Height. The height limit of roof signs shall be the height limit for structures in the zoning district in which they are situated.
B. 
Setback. At least eight feet from the cornice or street front, and four feet from any other wall or cornice of the building.
C. 
Projections. Maximum above roof of building, twenty-five feet, except as provided in subsection A of this section. Projection over the street right-of-way is not permitted.
D. 
Space Between Bottom of Sign and Roof. Minimum of six feet.
E. 
Construction. Roof signs shall be constructed entirely of metal, approved type plastic, or fire-retardant wood approved by the fire marshal, including the support and braces. Roof signs shall be designed to withstand a wind pressure of twenty pounds per square foot of surface. Calculations of design shall be submitted when required by the building inspector.
(Prior code § 27-9.9; Ord. 1410 § 1, 1982)
A. 
Maximum Projection. Six inches from the wall of the building.
B. 
Maximum Vertical Clearance. Seven feet from the sidewalk or surrounding ground. The architectural review committee shall have the power to grant deviations from this requirement.
C. 
Limit in Number. One such sign per place of business or street exposure.
D. 
Lighting. Must be behind individual letters.
E. 
Construction. Sign must be fastened by metal brackets.
(Prior code § 27-9.10; Ord. 1410 § 1, 1982)
A. 
Marquees and awnings may project over a sidewalk in accordance with the building code.
B. 
The sign copy within a marquee or awning shall be included within the aggregate sign area permitted pursuant to Section 12.104.050.
(Prior code § 27-9.11; Ord. 1410 § 1, 1982)
A. 
The aggregate sign area of signs placed in or on a window shall not exceed twenty-five percent of the area of such window.
B. 
Window signs shall announce, direct attention to, or advertise only:
1. 
The name or nature of a business on the premises;
2. 
An occupation of the premises; or
3. 
The nature or type of goods, service or products produced, sold, stored, or furnished on the premises, including the price thereof.
(Prior code § 27-9.12; Ord. 1410 § 1, 1982)
A. 
If sign copy is oriented toward a lot used for residential purposes located within fifty feet of the sign, any illumination of such sign shall be extinguished not later then ten p.m., unless a deviation is granted pursuant to subsection B of this section.
B. 
The community development director may grant deviations from the requirements of subsection A of this section if it finds that additional hours of illumination are necessary to advertise or identify a business during hours of operation and that such additional period of illumination would not adversely affect the health, safety or welfare of persons residing in the vicinity adjacent to the sign.
C. 
Deviations pursuant to subsection B of this section may only be granted after public hearings, with notice to owners of real property within one hundred feet of the sign. The procedure for variances shall otherwise be applicable to the granting of such deviations.
(Prior code § 27-9.13; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
When there is more than one business, establishment, facility, or enterprise on a single lot, no additional sign shall be placed thereon, nor shall any existing sign be replaced unless the community development director shall have reviewed the proposed sign in accordance with this section.
B. 
The applicant shall submit drawings and sketches showing the proposed type, location, height, color scheme, type of illumination, construction materials, setbacks, sign area, and sign copy for any proposed sign, and similar information as to other signs on the lot. The community development director shall approve the proposed sign only if the director finds that the proposed sign will be compatible and harmonious with its own elements, existing signs on the lot, and the surrounding vicinity.
C. 
The community development director shall review the proposed sign area of the sign and may impose a limit on the aggregate sign area thereof to assure that such aggregate sign is not disproportionate to the aggregate sign area allowed for all signs on the lot pursuant to Section 12.104.050.
D. 
Where there is an application to develop more than one business establishment, facility or enterprise on a single lot, no sign shall be placed thereon unless and until a master signing program shall have been submitted to the community development director and approved thereby.
E. 
Applications for master signing programs may be filed with the community development director upon the payment of a fee as prescribed by resolution of the city council. The applicant shall submit drawings or sketches showing the proposed types, locations, heights, color schemes, types of illumination, construction materials, setbacks, sign areas, and sign copy for all proposed signs. The director shall approve a master signing program only if it finds that such program conforms to all requirements of this chapter, except as to which deviations are granted, and that the proposed planned signing program will be compatible and harmonious with its own elements and the surrounding vicinity.
F. 
In connection with the approval of a master signing program, the architectural review committee may approve deviations from the requirements of this chapter pursuant to Section 12.104.220.
G. 
The maximum height of freestanding signs shall be four feet.
H. 
No signs shall be permitted on the roof or roof eave of buildings.
(Prior code § 27-9.14; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Directional Signs. Directional signs carrying only the name of a single-family lot, condominium, community apartment, or stock cooperative subdivision or project, and directions thereto, for directional purposes only, may be allowed in commercial districts for periods not to exceed one year, upon approval of the community development director.
B. 
Advertising Signs. Signs advertising the sale of a single-family lot, condominium community apartment, or stock cooperative subdivision or project may be displayed on the site of the subdivision or project for a period not exceeding one year, upon the approval of the community development director.
C. 
Maximum Sign Area. If the lot on which the sign is to be placed is less than one hundred feet in width, the maximum sign area permitted under this section shall be twenty square feet. If the lot is one hundred feet or greater in width, the maximum sign area shall be forty square feet.
D. 
Maximum Number of Signs. Not more than one sign shall be permitted on a lot; provided, that if the lot has more than one street frontage, an additional sign is permitted not to exceed eight square feet in area on each additional frontage.
E. 
Maximum Height. The maximum height of freestanding signs shall be four feet.
(Prior code § 27-9.17; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Signs advertising the sale or lease of real property may be allowed in all zoning districts, subject to the limitations of this section. No permit shall be required therefor.
B. 
Such signs shall only advertise the sale or lease of premises on which they are placed, or provide directions to premises which are for sale or lease.
C. 
Such signs shall have a maximum sign area of four square feet.
D. 
Any signs placed in violation of this section may be summarily removed by the chief of police. Upon such removal, the chief of police shall promptly notify the owner of the sign of such removal and the place where such person may obtain his or her sign, if the identity or phone number of such person is indicated upon the sign.
(Prior code § 27-9.18; Ord. 1410 § 1, 1982)
A temporary sign may be placed without a permit on a lot on which a business which such sign advertises is to be located, under either of the following conditions:
A. 
The sign is to serve as temporary identification of a business prior to the placement of a permanent sign on the premises; or
B. 
The sign is to identify a business which itself is temporary in nature.
C. 
The sign shall be removed when, in the case of a permanent business, the permanent sign shall have been placed, or within ninety days of its placement, whichever first occurs. The community development director may grant extensions to the foregoing time limit for good cause.
(Prior code § 27-9.19; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Temporary signs announcing or advertising bona fide charitable, religious, educational or civic events may be placed upon lots in all zoning districts, subject to the limitations of this section.
B. 
The size, materials, and location of each such sign shall be approved by the community development director. No sign shall be placed for a period longer than thirty days.
C. 
No fee shall be charged for review by the director.
D. 
The community development director may grant extensions to the foregoing time limit for good cause.
(Prior code § 27-9.20; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Location.
1. 
In any zoning district.
2. 
May not be placed or maintained contrary to the provisions of Section 12.104.030 or upon any buildings or in any parks or landscaped areas owned, occupied, or maintained by the city.
B. 
Time Period of Placement. No election sign pertaining to a candidate or measure shall be placed or maintained more than ninety days before the election to which it pertains. No election sign pertaining to a candidate or measure in a general municipal election or San Bruno Park School District election shall be placed or maintained more than fourteen days after such election, and no election sign pertaining to any other election shall be placed or maintained more than thirty days after the election to which it pertains, except that an election sign need not be removed between the primary and general election, but shall be removed not later than thirty days after the general election.
C. 
Registration of Persons Responsible for Sign Posting. Prior to the posting of election signs relating to a candidate or measure, the person responsible for the posting of such signs on behalf of a candidate, proponent or opponent of a measure, or campaign committee, shall file a registration statement with the city clerk. If the signs are to be posted on behalf of a candidate for elected office of the city of San Bruno or San Bruno Park School District, the candidate shall personally file such statement. Such statement shall identify the candidate or measure and the name, address, and telephone number of the filer. Upon filing of the registration, the filer shall execute a written agreement that the filer shall be responsible for removal of all election signs posted by the filer or under their authorization or supervision within the period required by this section, and that the filer understands that if the filer fails to do so they may be liable to the city for the costs of removal of such signs.
D. 
Abatement by Building Inspector. If any election sign is not removed within the time period after the election required under subsection B of this section, the building inspector may enter the exterior of the premises upon which the sign is posted and remove the sign. The filer of the registration statement, including any candidate who is responsible for the filing of such statement, shall be liable to the city for the cost of removal of the sign.
(Prior code § 27-9.21; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Except for such signs for which no permits are required, and except for signs which require the approval of the planning commission, no sign shall be placed without the approval of the community development director.
B. 
The community development director shall have primary jurisdiction over individual signs. The community development director shall approve individual signs only upon a finding that their size, shape, scale, type, location within the lot, color scheme, and relation to other structure on the lot are such as to be harmonious and compatible with the development of the lot on which they are proposed to be located and with other development in the immediate vicinity.
C. 
The planning commission shall have jurisdiction over the granting of deviations from aggregate sign area requirements of this chapter, pursuant to Section 12.104.050.
D. 
Deviations from the provisions of this chapter regarding aggregate sign area requirements, master signing programs, and for individual signs, may be approved as follows:
1. 
All Deviations. In each case in which a deviation is granted, the decision-making body must first make a finding that any sign or combination of signs permitted is harmonious and compatible with the development of the lot on which it is proposed to be located and with other development in the immediate vicinity.
2. 
Aggregate Sign Area Deviations. In each case in which the planning commission grants a deviation from a limitation on aggregate sign area, it must first make a finding that the lot on which the placement of the sign is proposed has a street frontage substantially greater than seventy-five feet; and that the type of business, facility, or enterprise is such that the size of the sign or signs is an important element in attracting business, trade, or patronage from the public at large.
3. 
Master Signing Program Deviations. In each case in which the community development director grants a deviation in connection with the approval of a master signing program, it must first make a finding that, given the number and type of business on the lot, adherence to the strict requirements of this chapter would unduly impede or interfere with the ability of one or more businesses, facilities, or enterprises to adequately identify itself to the public, or a segment of the public likely to patronize it.
4. 
Other Deviations. In each case in which the community development director grants a deviation in connection with requirements of this chapter which do not apply to aggregate sign area, or relate to master signing programs or to vertical clearance requirements, the director must first make the finding that the strict application of this chapter would result in practical difficulties or unnecessary hardship due to exceptional circumstances related to:
a. 
The size, shape or topography of property on which the sign is to be located, or the siting or location of buildings and other structures thereon; or
b. 
The relationship of said property to buildings, structures, or the topography of adjacent property.
(Prior code § 27-9.22; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Billboards; Advertising Structures and Displays.
1. 
Advertising displays, advertising structures, and other signs, the placement of which is prohibited pursuant to Section 12.104.030A, shall be removed not later than May 12, 1984.
2. 
Nothing herein shall require the removal of any advertising display, advertising structure, or sign during such period of time as such removal may be prohibited by statute, or where it is provided by law that compensation must be paid prior to removal.
B. 
Flashing Signs. All signs with lights or lighting which is prohibited by Section 12.104.030C shall either be removed or modified so that no flashing, running, revolving, scintillating, or similar lights or lighting is operative after May 12, 1982.
C. 
Revolving Signs. All revolving signs prohibited by Section 12.104.030C shall either be removed or modified so that they cannot revolve after May 12, 1982.
D. 
Projecting Signs.
1. 
Except as provided in subdivision 2 of this subsection, projecting signs placed prior to May 12, 1981 which do not conform to one or more of the requirements of Section 12.104.080 may remain where placed.
2. 
A nonconforming projecting sign shall either be removed or modified to comply with the provisions of Section 12.104.080 whenever the business, establishment, facility, or enterprise to which such sign and its sign copy relate cease to be operative.
E. 
Roof Signs.
1. 
Except as provided in subdivision 2 of this subsection, roof signs placed prior to May 12, 1981 which do not conform to one or more of the regulations of Section 12.104.090 may remain where placed.
2. 
A nonconforming roof sign in the central business district (C-B-D) shall either be removed or modified to comply with the provisions of Section 12.104.090 whenever the business establishment, facility, or enterprise to which such sign and its sign copy relate ceases to be operative.
F. 
Window Signs. Window signs placed prior to May 12, 1982 which do not conform to one or more of the regulations of Section 12.104.120 shall be removed not later than May 12, 1983.
G. 
Other Nonconforming Signs. Signs which are nonconforming as of May 12, 1981 which are not described in subsections A through F, inclusive, of this section, and signs which become nonconforming subsequently due to rezonings of property on which they are situated, annexation to the city, or amendment of this chapter, shall either be removed or modified to comply with the provisions of this chapter not later than seven years after the creation of the nonconformity.
H. 
Maintenance of Signs Illegally Placed: Prohibition. Nothing in this section shall be construed to authorize the continued maintenance of any advertising structure, advertising display, or sign which was placed in violation of any provisions of this code which was in effect at the time of such placement. Any such structure, display, or sign shall be subject to abatement pursuant to Section 12.104.260.
(Prior code § 27-9.23; Ord. 1410 § 1, 1982; )
The city manager or designee is designated the enforcement officer for purposes of this chapter. The enforcement officer shall have the power and authority:
A. 
To remove or cause to be removed, in accordance with the abatement procedure set forth in this chapter, any sign which is abandoned or being maintained in violation of any provision of this chapter;
B. 
To summarily remove or cause to be removed, any sign which is abandoned or being maintained in violation of any provision of this chapter which constitutes an immediate fire, safety, or other hazard.
(Prior code § 27-9.24; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
Any person affected by any decision of the enforcement officer under the provisions of this chapter, and any applicant or other interested person who is not satisfied with the action of the community development director regarding signs, may within ten days after receipt of such decision of the enforcement officer, or within ten days of the action of the director, appeal in writing to the planning commission. The commission shall have the power to hear the appeal and affirm, reverse, or modify the decision of the enforcement officer, community development director. The fee for the appeal shall be established by resolution of the city council. The decision of the planning commission on appeal shall be final and conclusive, except in the event it is appealed to the city council.
B. 
If the applicant is not satisfied with the decision of the planning commission, the applicant may within ten days appeal in writing to the city council. The fee for the appeal shall be established by resolution of the city council.
(Prior code § 27-9.25; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)
A. 
This section pertains to the following types of signs:
1. 
Abandoned Signs. Abandoned signs are prohibited. Any sign related to a former business located on property which remains unoccupied for a period of sixty days or more, or any sign which was placed or erected for an occupant or business unrelated to the present occupant or business, or any sign which pertains to a time, event, or purpose, which no longer exists shall be presumed to be abandoned.
2. 
Illegal Signs. For purposes of this section, illegal signs are signs which are placed or maintained in violation of one or more provisions of this chapter. Illegal signs include signs which have lost their status as nonconforming signs which may be maintained due to the conclusion of amortization periods for their removal, or due to the occurrence of an event which requires the removal of the sign, such as the termination of a business.
B. 
Whenever the enforcement officer finds a sign which the officer determines to be abandoned or illegal, the officer shall post a written notice on the sign or building whereon it is located to cause removal of the sign. Written notice of the removal request shall also be delivered to the owner of the property, as his or her name appears on the last equalized roll upon which city taxes are paid, to the address shown thereon, or to such address as known to the city clerk, to the occupant of the premises, if any, and to the owner of the sign if such person differs from the owner of the property or the occupant of the premises and if the name and address of such person appears on the sign.
C. 
If the removal request is not complied with within thirty days after service or receipt of notice, a hearing shall be scheduled before the community development director. Written notice of the time and place of the hearing shall be given to the property owner, occupant of the premises, and sign owner as described in the previous paragraph at least ten days prior to the date set for the hearing.
D. 
At said hearing, the community development director shall confirm, modify, or rescind the notice given or action taken by the enforcement officer. Upon the conclusion of said hearing, the director shall, based upon such evidence as presented at said hearing, determine whether the sign is abandoned or illegal or not. If it finds that the sign is abandoned or illegal, it shall by resolution, order the sign abated within fifteen days or waive enforcement as set forth in subsections E and F of this section.
E. 
In the case of the abandoned sign, the community development director may temporarily waive enforcement of the removal of the abandoned sign for a period not to exceed sixty days if it finds that all of the following conditions exist:
1. 
All identification of the premises, the services or goods available thereon, and the name or names of any and all persons have been removed; and
2. 
The sign would, but for the provision of the status of the sign as abandoned, conform to all of the requirements of this chapter; and
3. 
There is substantial probability that the sign will be utilized without substantial changes in or additions to the structure thereof by a business operating on the premises.
F. 
In the case of an illegal sign, the community development director may temporarily waive enforcement of the removal of the sign for a period not to exceed sixty days if it finds that the illegal condition or conditions which exist may be corrected or remedied within a reasonably short period of time without the necessity of removing the sign during that period.
G. 
The determination of the community development director may be appealed by the owner of the property or the occupant, as defined in subsection B of this section, to the planning commission within ten days after the director's formal action. The appeal shall be in writing and delivered to the city clerk with an appeal fee in an amount established by resolution of the city council. The appeal shall set forth specified objections to the determination of the director. Written notice of the time and place of such hearing shall be given to the property owner and the occupant of the premises at least ten days prior to the date set for the hearing.
H. 
At the noticed time and place of hearing, the planning commission shall hear and consider all relevant evidence, including, but not limited to applicable staff reports, objections, or protests relative to the existence of the abandoned or illegal sign. Such hearings may be continued from time to time. At the conclusion of said hearing, the planning commission shall, based on such evidence as presented at said hearing, determine whether or not the sign is abandoned or illegal. If the city council finds that the sign is abandoned or illegal, it shall by resolution order the sign abated within fifteen days.
The planning commission may temporarily waive enforcement of the removal of the abandoned or illegal sign for a period not to exceed sixty days if it makes the findings set forth in subsection E of this section, in the case of an abandoned sign, or subsection F of this section, in the case of an illegal sign. The determination of the planning commission is final and conclusive, except if appealed to the city council. The city council appeal shall be processed pursuant to the procedures in subsection H.
I. 
A copy of the final resolution ordering abatement of the sign shall be served upon the owner of the property, occupant thereof, and sign owner, as defined in subsection B of this section.
J. 
It shall be the responsibility of the property owner, occupant of the property, and owner of the sign to remove any sign ordered abated pursuant to the order of abatement. Upon compliance with the abatement order, the proceedings hereunder shall be terminated. If such sign is not completely abated as directed in the order of abatement, then the enforcement officer shall cause the sign to be abated by the city or by private contract. Entry upon the premises is expressly authorized for such purposes.
K. 
where the enforcement officer is required to cause the abatement of a sign pursuant to the provisions of this chapter, an accounting of the cost incurred, including all incidental expense of such abatement, shall be kept. upon conclusion of such abatement, the enforcement officer shall submit an itemized statement of costs to the city clerk. the term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the city in preparation of notices, specifications, and contracts, inspection of the work and costs of printing and mailings required under this chapter. upon receipt of such statement, the city clerk shall set the same for hearing before the city council. the city clerk shall cause notice of time and place of such hearing to be given to the owner of the property to which the same relates, and to any other interested persons who request notice, by united states mail, postage prepaid, addressed to such person at their last known address, at least five days in advance of such hearing.
the owner of the property may waive the hearing on the assessment on the cost of the abatement and in that event no city council hearing is required. the city council shall confirm the cost of assessment by resolution at their next regular meeting.
L. 
At the time and place fixed for receiving and considering said report, the city council shall hear and pass upon the report, together with any specific objections or protests raised by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon, the city council may make such revisions, corrections, or modifications as it may deem just or necessary, after which the report as submitted or revised, corrected or modified shall be confirmed by resolution. Said hearing may be continued from time to time. The decision of the city council shall be final and conclusive.
M. 
The city clerk shall give notice of the city council's decision to the affected parties in the manner set forth in subsection B of this section.
N. 
The cost of sign abatement on any lot or parcel of land, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates. After its recording, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of said report, a copy thereof shall be transmitted to the county tax collector, whereupon it shall be the duty of said collector to add the amount of such assessment or assessments to the next regular bill of taxes levied against the said respective lot or parcel of land for municipal purposes and thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected.
O. 
Nothing contained in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action to abate a nuisance in addition to or as an alternative to the proceedings set forth in this chapter.
(Prior code § 27-9.26; Ord. 1410 § 1, 1982; Ord. 1947, 4/9/2024)