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Home My WebLink AboutNS-2294 - Adding Article VII to Chapter 17 of the Santa Ana Municipal Code to Provide for Removal of Illegal Temporary Signs305 ORDINANCE NO. NS-2294 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE VII TO CHAPTER 17 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE REMOVAL OF ILLEGAL TEMPORARY SIGNS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered VII, to Chapter 17 of the Santa Ana Municipal Code, which said article shall consist of sections 17-80 through 17-85 and shall read as follows: ARTICLE VII. ILLEGAL TEMPORARY SIGNS Sec. 17-80. Definitions. As used in this article, the following terms have the following meanings: (a) "Temporary sign" means a sign, placard, poster, banner, or advertisement which is temporary in nature because of the materials of which it is constructed or because of the nature of the copy thereon and which has insignificant re-use market value. (b) "Illegal temporary sign" is a temporary sign which is located on public street or other public property in violation of section 10-27 of this code or which is located on private property in violation of any provision of Chapter 41 of this code. (c) "Executive director" means the executive director of the planning and building agency of the city or his or her designated representative. (d) "Authorized city employee" 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 17-81. Sec. 17-81. Status of an illegal temporary sign as a public nuLsancs. An illegal temporary sign is a public nuisance and may be abated as such by any authorized city employee in accordance with this article. ORDINANCE NS-2294 Page 2 3O7 sec. 17-82. Removal of i11eg&1 temporary signs. 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 jurisdic- tion. Bec. 17-83. Liability of persons responsible for illegal tempo- rary signs. 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 executive 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 17-84. This section shall not apply to noncommercial signs (as defined in section 41-1000 of this code). 17-84. Hearing. (a) Any person who has received an invoice pursuant to section 17-83 may request a hearing on the responsibility of such person for the placement of the sign and/or the amount stated as the cost of removal of the sign. Any such request for a hearing must be in writing and must be filed with the planning division within fifteen (15) 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 executive director shall set the hearing date within thirty (30) days after receipt of such request and shall provide the person requesting the hearing date at least five (5) days advance notice of such hearing date. The hearing date may be changed by mutual consent of the executive director and the person requesting the hearing. At the hearing the executive 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 or that the amount invoiced for costs of removal of ORDINANCE NS-2294 30~ Page 3 the sign was excessive. (c) Within a reasonable time following the conclusion of the hearing, if the executive director determines that the person requesting the hearing was not responsible for the placement of the illegal temporary sign, the invoice to such person shall be canceled. Otherwise, the executive director shall either affirm or modify the amount previously determined to be the cost of removal of the sign, as the executive director deems appropriate after taking into consideration the evidence presented at the hearing, and shall add thereto the cost of holding the hearing. The determination of the executive director shall be final, without appeal to any other agency of the city, and the person responsible for the placement of the illegal temporary sign shall be liable to the city for the cost of removal of the sign and the cost of the hearing, as determined by the executive director. Bec. 17-85. Exemption from criminal prosecution. Any person who is sent an invoice pursuant to section 17-83 shall be exempt from criminal prosecution for the placement of the sign which is the subject of the invoice. SECTION 2: That section 1-18.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 1-18.1. Planning and building agency authority to issue citations. The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19, 10-26, 10-27, 10-64, 10-70, 10-71, 10-89, 10-97, 10-98, 10-100, 10-140, 10-141, 10-142, 10-143, 10-150, 10-151, 10-177, 10-197, 10-203, 10-209, 10-221 through 10-238; sections 16-1, 16-2, 16-3, 164, 16-6, 16-34, 16-35, 16-46 through 16-60; Chapter 17; sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420; Chapter 21; Chapter 26; sections 36-700 through 36- 720; and Chapter 41. The above listed officers and employees also have the duty to enforce sections 27551, 27671 and 27672 of the Health and Safety Code of the State of California with respect to sales of food from vehicles. The above-listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section, and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on 3 ORDINANCE NS-2294 Page 4 his or her promise to appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California (commenc- ing with Section 853.5). SECTION 3: Until such time as a different charge is estab- lished by resolution of the city Council, the charge for removal of signs pursuant to section 17-83 of the Santa Ana Municipal Code, as added to the said code by this ordinance, shall be $25.00 per sign. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: Neither the adoption of thiS ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision app%icable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 18th ATTEST: /~a~ice C. Guy- / ~ C](erk of the Council / day of November , 1996. mayor COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Moreno Aye 4 312 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, IANICE C. GUY, Clerk of the Council, do hereby certify the attached ~:d±nance ordinance /0,~ --,~'t~ to be the original . / a~topted by the City Council of the City of Santo Ana on l/lie~fa .~ and that said ordinance was published in accordance with the Charter of the City of Santa Aha. Date: 511 q / ff C- ~--'~ the Co~ncil/~/ City of Santa Ana