HomeMy WebLinkAboutMC-395
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ORDINANCE NO. MC-395
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
16.12 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO POLITICAL
, SIGNS TO COMPLY WITH CASE LAW, CLARIFY ITS PROVISIONS, PERMIT
I SUMMARY REMOVAL OF POLITICAL SIGNS POSTED ON PUBLIC PROPERTY, AND
REPEALING SECTION 16.12.060 WHICH PROHIBITS POSTING SIGNS MORE
THAN FORTY-FIVE DAYS BEFORE ELECTIONS.
I THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
IDO ORDAIN AS FOLLOWS:
SECTION 1. Section 16.12.050 of the San Bernardino
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Municipal Code is amended to read:
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II posting.
~ Political signs shall not be posted or erected on any
property without the consent of the property owner or his or her
"16.12.050
Consent of property owner required prior to
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13 agent, lessee or tenant. The applicant for a permit shall submit
14 to the Superintendent of Building and Safety a list of locations
15 where political signs are intended to be posted or erected and
16 shall certify that consent has been obtained from the owner or
17 authorized person of each location. The political signs shall be
18 posted and erected only at the locations shown on the listing."
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SECTION 2. Section 16.12.120 of the San Bernardino
20 Municipal Code is amended to read:
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"16.12.120 Violation - Public or private property - Notice
22 to sign owner.
23 If a political sign is posted on public property or in the
24 public right of way contrary to the provisions of this chapter,
25 ,it may be summarily removed by the Superintendent of Building and
26 Safety or his or her authorized representative. If a political
27 sign is posted on private property contrary to the provisions of
28 this chapter, the Superintendent of the Building and Safety
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MC-395 . .
1 Department or his or her authorized representative shall give the
2 sign owner, or his or her agent, written notice that he or she
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intends to remove the sign if the violation is not corrected, and
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a brlef statement of the reason for the belief that the sign is
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5 in violation of this chapter. Such notice shall be served either
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IperSOnallY or by depositing in the United States mail addressed
to the sign owner, or his or her agent, at the address shown on
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the application for a permit, with postage prepaid thereon.
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II Personal service shall be considered effective when made and
Iservice by mail shall be considered effective three days after
!depositing the notice in the United States mail as provided
!herein. The sign owner, or his or her agent, may respond orally
or in writing or correct the ordinance violation not later than
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]4 one day after service of said notice. If the ordinance violation
15 is not corrected by the second day after the service of notice is
16 effected, the Superintendent of the Building and Safety
17 Department, or his or her authorized representative, may remove
18 the sign. If the owner of any illegal sign, or his or her agent,
19 does not reply to the notice within one day after service of
20 notice is effected, the sign shall be deemed abandoned and may be
21 removed on or after the second day after service of the notice is
22 effected as aforesaid. The person responsible for any posting
23 contrary to the provisions of this chapter shall be liable for
24 the cost incurred in the removal thereof and the Department of
25 Building and Safety is authorized to effect the collection of
26 such cost after giving such person notice of the cost and an
27 opportunity to be heard."
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SECTION 3. Section 16.12.140 of the San Bernardino
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Municipal Code is amended to read:
"16.12.140 Applicability.
The provisions of this chapter, Chapter 16.04 and Title 19,
shall not be applicable to political signs erected or posted on
any occupied residential premises by the property owner, lessee
or tenant thereof."
SECTION 4. Section 16.12.060 of the San Bernardino
Municipal Code concerning the time limit for erecting political
signs before elections is hereby repealed.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held
on the
16th day of
July
, 1984, by the following
vote, to wit:
AYES:
Counc il Member s
Castaneda, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
~c~~/
/City C erk
of
ordinance is hereby
'<0"'"
day
ino
Approved as to form:
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City A torney
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