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CITY OF SAN BERN)(RDINO - REQUEST FUR COUNCIL ACTION
~''lm:
Larry E. Reed, Director
Subject:
Annual sign Code sticker
Public hearing, Ordinance &
Fee Resolution
Dept:
Planning and Building Services
March 13, 1990
Date.:
Synopsis of Previous Council action:
9/9/89 The subject of an Annual Sign Code Enforcement Program was intro-
duced to the Mayor and Council as a blight abatement program op-
tion, and was referred to the Legislative Review Committee.
10/19/89 Draft of an Annual Sign sticker Ordinance was reviewed by the
Legislative Review Committee.
1/22/90 Council referred Sign sticker Ordinance back to the Legislative
Review Committee.
1/25/90 Legislative Review Committee recommends Council approval of
Ordinance adding Section 19.60.081 through 19.60.085 and
requiring an Annual sign sticker and establishing fees.
2/22/90 Council waived further reading of the Ordinance and laid it over
for final passage at the March 5, 1990 Council.
3/5/90 Council continued Public Hearing on Sign sticker Fees, as well as
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Recommended motion:
That the Public Hearing be closed,
and
That the Ordinance adding Sections 19.60.081 through 19.60.085 requiring
an annual Sign Code Inspection sticker and Inventory Program, and repealing
Section 15.04.085(7) be adopted,
and
That the Resolution establishing the Sign sticker Fee be adopted.
cc: Jim Richardson, Deputy City Administrator
Marshall Julian, City Administrato
James Penman, City Attorney
rk/
Signature
Larry E. Reed
384-5281
Contact person:
Phone:
Staff Report
Supporting data attached:
All Wards
Ward:
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
,.. ~uncil Notes:
COUNCIL:CA.REQUEST-18B
75.0262
Agenda Item No
~5
CiTY OF SAN BER~ ARDINO - REQUEST ~ JR COUNCIL ACTION
STAFF REPORT
PROPOSAL
The City is adopting by ordinance, a requirement to annually inspect
all signage in the City to verify code compliance and structural
integrity. The ordinance also requires each sign to display an annual
inspection sticker which would require payment of a specified fee. The
ordinance further requires (per state law) that a sign inventory be
conducted.
PURPOSES
The purpose of the Inspection/Sticker program is three-fold:
1. To create a financial base for a city-wide sign inspection and
commercial property code enforcement program.
2. To assure structural integrity and public safety
3. To identify, inventory and abate illegal or abandoned signs.
ANALYSIS
It is estimated there are currently 9,300 existing business signs in
the City, of which approximately 3,000 have been erected/installed
without permit. In addition to on-site business signs there are
approximately 340 billboards permitted in the City, 40 billboards
erected without permits, and approximately 2,400 temporary signs
installed annually of which approximately one-half are permitted. Based
on these approximates and given the following fees and the number of
various signs, the revenue generated annually would be:
CATEGORY
# X FEE REVENUE
300 Valuation $ 2,000
6,300 $25 157,500
1,500 25 37,500
340 25 8,500
20 25 500
$208,000
Approx. new sign permits annually
Legally installed business signs
Illegal business signs which
could be corrected
Legal billboards
Illegal billboards which
could be corrected
COUNCIL: CA. STAFF-18A
Page 1
75.0264
city of San Bernardino Mayor & Common Council Meeting
Supplemental Agenda for 1/22/90 Page 2
The revenue generated by the proposed fee would provide funds to staff a
sign and commercial property code enforcement section program in the
Department of Planning and Building Services.
RECOMMENDATION
It is recommended the Mayor and Common Council close the Public Hearing
and that the Ordinance adding sections 19.60.081 through 19.60.085
requiring an annual Sign Code Inspection sticker and Inventory Program,
and repealing section 15.04.085(7) be adopted, and that further reading
of the Resolution establishing the Sign sticker Fee be waived and said
resolution be adopted.
Prepared by:
Sandra Paulsen
Senior Planner
For:
Larry E. Reed, Director
Planning and Buildings Services Department
LER/nmg/nhm
COUNCIL: CA. STAFF-18A
Page 2
City of San Bernardino
INTEROFFICE MEMORANDUM
9001-2738
FROM:
Larry E. Reed, Director of Planning &
Services
)(/;.i
Building t/L (
I
TO:
Henry Empeno, Deputy City Attorney
SUBJECT: sign sticker Fee Resolution
DATE: January 30, 1990
COPIES: file; Sandra Paulsen, Senior Planner
-------------------------------------------------------------
Section 19.60.8(b) Application and fees of the proposed
municipal code indicates that fees are to be charged per a
fee schedule established by a resolution adopted by the
Council.
I am recommending that this resolution be written in such a
way that the initial $25 fee collected between May 1, 1990
and July 1, 1991 shall also cover the first full year [May 1,
1990 until July 1, 1991 is fourteen (14) months.] The
resolution should also indicate in subsequent years, that
any sticker fee paid for newly permitted signs between July
1, and the following May 1, pays the full amount of the
annual fee. However, fees paid after May 1, gets a credit
for fourteen (14) months.
Question:
How much of the ordinance should be repeated in the resolu-
tion?
It seems appropriate that the portions of the Ordinance
concerning double fees, a sticker is applicable to only one
sign at one location and the sticker is transferrable to new
owners or lesees should be repeated in the resolution.
LER:nhm
CITY OF SAN BER( lRDINO - REQUEST
lR COUNCIL ACTION
STAFF REPORT
SIGN STICKER AND INSPECTION PROGRAM
ESTIMATED COST
SUPPLEMENTAL REPORT
The sign sticker Ordinance states the fees collected may only be used
to implement the sign inventory and abatement program. California law
states cities may only charge fees covering the estimated cost of
performing the program. The program consists of the following:
1. Program Development / Notice to Businesses
2. Sign sticker Application Processing
3. Survey Process
4. Notice of Violation / Self-Abatement
5. Board of Building Commissioners / Miscellaneous Administration
6. City Abatement (Full Cost Recovery)
1. PROGRAM DEVELOPMENT / NOTICE TO
BUSINESSES
Time
80 hrs x
80 hrs x
40 hrs x
Subtotal:
Hourly Rate
$24.68 =
$21.99 =
$12.29 =
$ Cost
$1,974.00
$1,759.00
$ 492.00
$4,225.00
$2,000.00
$1,000.00
$7,225.00
Senior Planner (forms, procedures)
Senior Code Compliance Officer
Typist Clerk II (typing, mailing)
Material Cost
Mailing Cost
Total:
2. SIGN STICKER APPLICATION PROCESSING
Time
Typist Clerk II (Counter)
( filing)
Senior Code Compliance Officer
.25 hr x
.25 hr x
.25 hr x
Subtotal:
phones, etc.
Total:
rounded
Hourly Rate $ Cost /
application
$12.29 =
$12.29 = $ 6.14
$21.99 = $ 5.49
$ 11.63
$ 1. 16
$ 12.79
off to: $ 13.00
Overhead: 10% for rent, utilities,
6.640 siqns x $13. = $86.320 cost
COUNCIL: CA. STAFF-18B Page 1
75-0264
3. SURVEY PROCESS
Option
A: City staff
with estimated, 6,740 abandoned or illegal signs to be identified:
6,740 / 12 months = 562 per month
562 / 21 workdays per month = 28 signs per day
28 signs per day requires two (2) inspectors
Code Compliance Officer (2) x
Overhead: 10% - rent, utilities, phone, etc
Vehicle & radio, HT radio, desk, misc. supplies
Salary
$35,708
=
$ Cost
$71,416
$ 7,142
$26,000
Total:
$104,558
Option B: outside consultant / Contract
with estimated, 6,740 abandoned or illegal signs to be identified
3 - 5 months to do survey
$50,000 to $60,000 cost (estimated) $60,000
4. NOTICE OF VIOLATION / SELF-ABATEMENT
Time
Overhead: 10% - rent, utilities,
2.5 hr x
.25 hr x
1.0 hr x
Subtotal:
phone, etc.
Total:
$20.93 =
$21.99 =
$12.29 =
$ Cost /
violation
$52.33
$ 5.49
$12.29
$70.11
$ 7.01
$77 . 12
Hourly Rate
Code Compliance Officer
Senior Code Compliance Officer
Typist Clerk II (phone, typing)
First year w/outside consultant doing survey:
648 illegal signs x $77.12 = $50,000
Beginning the second year and each
using City staff to do the survey:
1,200 illegal signs/year
for 4-5 years x $77.12
year thereafter,
= $92,544
COUNCIL: CA. STAFF-18B
Page 2
5. BOARD OF BUILDING COMMISSIONERS / MISC ADMINISTRATION
Time of Director, Senior Secretary, Planners, etc. in explaining program
to civic Groups, on the phone with and explaining program to Business
Owners, doing paperwork involved with Board of Building Commissioners
cases, taking minutes, preparation and disbursement of Agendas and Minutes
of BBC, and involved in processing appeals of Notice of violation to BBC
(5% of total number of Notices of Violation):
First Year
Second Year
& continuing
6. CIT~ ABATEMENT (FULL COST RECOVERY)
When the City is forced to act to abate an abandoned
or illegal sign because the owner fails to remove or
correct an illegal sign:
A lien is placed against the property. =
=
$10,000
$20,000
=
$ 0
========================================================================
SUMMARY:
option A
$ 7,225
$ 86,320
$104,558
$ 0
$ 10,000
$ 0
$218,103
L
2.
3.
4.
5.
6.
Program Development/Notice
Sign sticker Application Processing
Survey Process
Notice of Violation
Board of Building Commissioners/MISC
City Abatement
Total:
option B
$ 7,225
$ 86,320
$ 60,000
$ 50,000
$ 10,000
$ 0
$213,545
2nd Year
$ 0
$ 86,320
$ 0
$ 92,544
$ 20,000
$ 0
$198,864
If the City's decision is to use an outside firm to do
the Senior Code Officer and Typist Clerk will need to be
The hiring of the two code compliance Officers will be
survey is about complete (October/November of 1990).
If the City decision is to have the survey done by city Staff (Option A),
the two Code Compliance Officers will need to be hired right away (July,
1990) This also means the distinguishing features between survey and
Notice of Violation phases will become intermixed. Either way, the re-
quired survey is done and the $25 per sign sticker fee is justified.
LER:nhm
COUNCIL:CA.STAFF-18B
Page 3
the survey, only
hired right away.
delayed until the
1 ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
19.60.081 THROUGH 19.60.085 OF THE SAN BERNARDINO MUNICIPAL CODE
3 AND REQUIRING AN ANNUAL SIGN CODE INSPECTION STICKER AND
INVENTORY PROGRAM, AND REPEALING SECTION 15.04.085(7).
4
THE 'MAYOR AND .COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6
SECTION 1. Sections 19.60.081 through 19.60.085 are added
7 to the San Bernardino Municipal Code to read as follows:
8 "19.60.081 ANNUAL INSPECTION STICKER REQUIRED
9
Every person, firm or corporation owning any legally
10 ,permitted sign in the City of San Bernardino shall obtain for
11 each sign an Annual Sign Code Inspection Sticker issued by the
12 Director of Building and Safety, unless specifically waived by
13
Resolution of the Mayor and Common Council.
A sticker is
14 required for each on-premises and off-premises sign except
15 temporary signs and those signs exempt pursuant to Section
16
19.60.090.
This sticker is applicable to one sign at one
17 location only and is transferable to a new owner or lessee of
18
that sign.
This sticker must be displayed on a visible portion
19 of the face of the sign or its structural support.
20 "19.60.082 APPLICATION AND FEES
21 A. An application for an Annual Sign Code Inspection
22 Sticker shall be submitted by the owner of a legally permitted
23
sign or his agent to the Director of Building and Safety.
Such
24 application shall include, but not be limited to, a description
25 of the sign, its size, its height, and its location.
26
B.
The initial Annual Sign Code Inspection Sticker fee
27 for all existing signs shall be due and payable on June 1, 1990;
28
HE/dys/sign.ord
February 14, 1990
1
, 1 and for any new sign erected after that date, shall be due and
2
payable on the date the sign is erected.
Renewal fees for an
3 Annua1 Sign Code Inspection Sticker shall be due and payable on
4 July 1st of each calendar year and shall be in an amount
5 determined in accordance with the fee schedule established by
6 resolution of the Mayor and Common Council and filed in the
7
office of the City Clerk.
Each Annual Sign Code Inspection
8 Sticker fee not paid within thirty (30) days of the date due
9 shall be considered delinquent and shall be twice the amount
10
specified.
Fees collected from the Annual Sign Code Inspection
11 Sticker Program shall be used only to implement the inventory and
12 abatement program referred to in Section 19.60.084.
13
"19.60.083
ILLEGAL SIGNS
14 The issuance of any sign permit or Annual Sign Code
15 Inspection Sticker pursuant to this chapter does not allow any
16 person, firm, or corporation to erect or maintain any sign in
17 violation of any City ordinance or any State or Federal law.
18
"19.60.084
INVENTORY AND ABATEMENT
19
Within six (6) months from the date of adoption of Section
20 19.60.081, the City shall commence a program to inventory and
21 identify illegal or abandoned signs within its jurisdiction.
22 Within sixty (60) days after this six-month period, the City
23 shall commence abatement of identified preexisting illegal or
24 abandoned signs.
25
"19.60.085
INSPECTION
26 Any sign for which an Annual Sign Code Inspection Sticker
27 is required shall be subject to inspection by the Building and
28
HE/dys/sign.ord
February 14, 1990
2
"1
Safety Director.
The Building and Safety Director, or his
2 designees are hereby authorized to enter upon any property or
3 premises to ascertain whether the provisions of this Code are
4 being obeyed.. Such entrance shall be made during business hours
5
unless an emergency exists.
A sign owner.shall provide all
6 necessary access by the City's employees for the purpose of
7 conducting the required inspection."
8 SECTION 2. Section l5.04.0~5(7) of the San Bernardino
9 Municipal Code, which set an annual sign permit fee of ten
10 dollars for off-premise signs, is hereby repealed.
11
SECTION 3.
Pursuant to Government Code Section 65962,
12 this Ordinance shall become -effective sixty days after its
13 adoption by the Mayor and Common Council.
14 I HEREBY CERTIFY that the foregoing ordinance was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a meeting thereof, held on the
17 day of , 1990, by the following vote, to wit:
18
Council Members:
AYES
NAYS
ABSTAIN
19 ESTRADA
20 REILLY
21 FLORES
22 MAUDSLEY
23 MINOR
24 POPE-LUDLAM
25 MILLER
26
27
City Clerk
28
HE/dys/sign.ord
February 14, 1990
3
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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1 ORDINANCE...ADDING SECTIONS 19.60.081 THROUGH 19.60.085 OF THE
SAN BERNARDINO MUNICIPAL CODE AND REQUIRING AN ANNUAL SIGN CODE
2 INSPECTION STICKER...AND REPEALING SECTION 15.04.085(7).
3
The foregoing ordinance is hereby approved this
day
4
of
., 1990.
5
6
W. R. Holcomb, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
10
JAMES F. PENMAN,
City Attorney
fI 1
f' 1 I'
By: ~<7 t /c::'.../.............
(I
,~
HE/dys/sign.ord
February 14, 1990
4