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ORDINANCE NO. NS-1210 <br />PAGE TWO <br /> <br />(c) <br /> <br />a statement that the sign has been determined by <br />the Director of Planning to be an amortized non- <br />conforming sign as defined in section 41-619.13 <br />of the Santa Ana Municipal Code; <br /> <br />(d) <br /> <br />a statement that, pursuant to section 41-619.14 of <br />the Santa Ana Municipal Code, the sign must be either <br />made to conform or be removed within sixty (60) days; <br /> <br />(e) <br /> <br />a statement that the sign owner is entitled to apply <br />for a review of the Planning Director's determination <br />or for a variance. <br /> <br /> (2) Any person, firm, association, or corporation that receives rent <br />from the use of a sign or sign structure or that has the legal right to <br />lease the use of a sign or sign structure or that has the legal right to <br />physically alter or remove a sign or sign structure, shall be deemed an <br />owner of such sign for purposes of this chapter. In the event that the <br />Director of Planning is unable to determine which of more than one person, <br />firm, association or corporation is the owner of an amortized nonconforming <br />sign, he shall cause notice of nonconformity to be served on each such <br />person, firm, association or corporation as he determines may be the <br />owner thereof. <br /> <br /> (3) Service of notice of nonconformity shall be either by certified <br />mail, in which case the date of service shall be the date of mailing, or <br />by personal delivery by the Director of Planning or his authorized repre- <br />sentative; except that, if the Director of Planning determines that both <br />such means of service have not afforded or cannot reasonably be expected <br />to afford actual notice to the owner, he may serve notice by affixing a <br />copy of the notice of nonconformity to the sign or sign structure, in <br />which case the date of service shall be the date upon which such notice <br />is so affixed. Service upon an agent of the owner shall be deemed service <br />upon the owner. <br /> <br />Sec. 41-619.16. Same - Application for review. <br /> <br /> (l) Any sign owner who has been served with a notice of nonconformity <br />may, within sixty (60) days of the date of service apply for a review by <br />the Planning Commission of the determination by the Director of Planning <br />that the sign is an amortized nonconforming sign as defined in section <br />41-619.13. The application shall be by written communication to the <br />Director of Planning and shall set forth the grounds upon which the <br />determination of the Director of Planning is contested and shall include <br />copies or summaries of any evidence which the applicant proposes to submit <br />to the Planning Commission. <br /> <br /> (2) Upon receipt of an application for review, the Director of Planning <br />may rescind the notice of nonconformity if he determines that the sign <br />is not an amortized nonconforming sign as defined in section 41-619.13. <br />Otherwise, the Director of Planning shall set the application for review <br />by the Planning Commission at a regular, special or an adjourned meeting <br />of the Planning Commission which is to be held not less than seven (7) <br />days nor more than forty-five (45) days after receipt of such application <br />and shall, not less than five (5) days prior to the date set, notify the <br />applicant of the time and place of such hearing. <br /> <br /> (3) The Planning Commission shall receive evidence only as to the <br />question of whether the sign is an amortized nonconforming sign as defined <br />in section 41-619.13, and shall either approve the determination of the <br />Director of Planning or direct him to rescind the notice of nonconformity. <br />The decision of the Planning Commission shall be final and conclusive. <br /> <br />-2- <br /> <br /> <br />