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HomeMy WebLinkAboutMC-1063 .Adopted: December 20, 1999 Effective: January 20,2000 ." 1 2 ORDINANCE NO. MC-l063 AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING 3 CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) TO INCLUDE TEXT RELATED TO SIGN 4 ABATEMENT PROCEDURES. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 8 9 SECTION I. Chapter 19,22, Sections 19,22.100 and 19.22,130 of the Municipal Code (Development Code) are amended to include text related to sign abatement procedures; all other provisions of Chapter 19.22 remain unchanged. 10 11 12 13 /11/ 14 1/1/ Chapter 19,22, Sections 19.22.100 and 19.22.130 are hereby amended to read as shown in Exhibit A attached hereto and incorporated herein by reference. 15 11// 16 17 18 19 20 21 22 23 24 25 26 27 28 1 . MC-l063 AN ORDINANCE. . . AMENDING CHAPTER 19.22 (SIGN REGULATIONS), ECTIONS 19.22.100 & 19.22.130 OF THE SAN BERNARDINO MUNICIPAL CODE 2 DEVELOPMENT CODE) TO INCLUDE TEXT RELATED TO SIGN ABATEMENT ROCEDURES. 1 3 4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 5 ommon Council of the City of San Bernardino at a i oint regular meeting thereof, held on 6 7 8 9 10 IEN 11 12 13 14 e 20th ouncil Members: 15 16 17 18 19 20 1999. 21 22 day of December , 1999, by the following vote to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~ b.~ The foregoing ordinance is hereby approved this:::-1(iYQ,dayof De~ember ~~i;~.::r~ SUSAN LIEN, M~yor Pro Tern City of San Bernardino 23 Approved as to form 24 and legal content: 25 JAMES F. PENMAN City At orney L__ 26 27 28 ;) 7.' 2 .' MC-'1063 EXlHBIT "A" SIGN REGULATIONS - 19.22 19.22.100 ABANDONED SIGNS 1. Any abandoned or illegal sign is hereby declared to be a danger to the health, safety, and welfare of the citizens of San Bernardino. Any sign which is partially or wholly obscured by the growth of dry vegetation or weeds or by the presence of debris or litter also presents a danger to the health, safety, and welfare of the citizens of San Bernardino. Any such sign as set forth herein is hereby deemed to be a public nuisance. 2. Any abandoned sign deemed to be a public nuisance shall be removed by the property owner within 30 days after notice via a Notice of Violation from the Code Compliance Department. Within the 10 days after the notice, the property owner may request an appeal hearing before the Hearing Officer on the abandonment and nuisance determination. The appeal shall be granted or the decision modified if facts or circumstances disprove the existence of a public nuisance. If no hearing is requested, or if the appeal has been denied and/or if there is no correction to the violation, the Code Compliance Department will abate the violation. Costs of such abatement may be assessed against the property, using the procedures established in Municipal Code Section 8.30.130. MC 1057 10/8/99 3. Signs removed by the Code 'Compliance Department pursuant to this Chapter shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the 30 day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest to the City, and the cost of removal shall be billed to the property owner. 19.22.110 SIGN CONSTRUCTION AND MAINTENANCE 1. Every sign, and all parts, portions, and materials shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City regulations and the Uniform Building Code, 2. Every sign including those specifically exempt from this Development Code in respect to permits and permit fees, and all parts, portions, and materials shall be maintained and kept in good repair. 3. A maintained sign is a sign that meets all of the following criteria: A. All sign faces, supports, braces, guys and anchors are kept in repair and in a proper state of preservation. B. There is no evidence of deterioration, including peeling, rust, corrosion, dirt, fading, discoloration or holes. C. The sign does not have broken or missing sign faces or letters. D. There is no chipped or peeling paint, E. There are no missing or inoperative lights. III-31 10/99 MC-1063 SIGN REGULATIONS - 19.22 4. An unmaintained sign shall be repaired or replaced within 30 calendar days following notification via a Notice of Violation from the Code Compliance Department. Noncompliance with such a request shall constitute a nuisance and penalties may be assessed in accordance with the provisions of Chapter 19.46. MC 1057 10/8/99 19.22.120 NONCONFORMING SIGNS 1. A legal non-conforming sign may be reused subject to the following: A. The sign is not abandoned or illegal as defmed in Section 19.22.030. B. The sign is not a public nuisance as defined in Section 19.22.030 and MC Section 8.30.010. C. The sign is maintained in accordance with Section 19.22.110. D. The sign is cut-off at the base and stored onsite, provided the stored sign is not visible from the public right-of-way or from adjacent properties. Storage of the sign must be in compliance with all applicable provisions of the Development Code. E. The property owner has 24 consecutive months from the date of removal to reinstall the sign for a tenant. A legally established tenant must occupy the site in order for the sign to be reinstalled. F. If the use of the sign is discontinued for a period of 24 or more consecutive calendar months, it shall lose its legal non-conforming status, and any replacement signage shall be required to conform with the provisions of this Development Code, 2. All non-conforming signs shall be demolished when the building that they advertise is demolished. MC 948 7/10/95 3. Legal non-conforming wall signs shall not prevent the installation of conforming freestanding signs, nor shall legal non-conforming freestanding signs prevent the installation of conforming wall signs. MC 1057 10/8/99 19.22.130 REMOVAL OF ll.,LEGAL SIGNS 1. Any illegal sign shall be removed by the property owner within 10 days after notice via a Notice of Violation from the Code Compliance Department. Within the 10 days after the notice, the property owner may request a hearing before the Hearing Officer on the illegal sign determination. The appeal shall be granted or the decision modified if facts or circumstances disprove the existence of an illegal sign. If no hearing is requested, if the appeal has been denied and/or there is no correction to the violation, the Code Compliance Department will abate the violation, pursuant to Municipal Code Chapter 8.30. Costs of such abatement may be assessed against the property, using the procedures established in Municipal Code Section 8.30.130. MC 1057 10/8/99 ffi-32 10/99 MC-"1063 SIGN REGULATIONS - 19.22 2. Signs removed by the Code Compliance Department pursuant to this Chapter shall be stored for a period of 30 days, during which time they may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the 30 day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest to the City, and the cost of removal shall be billed to the property owner. 19.22.140 INVENTORY AND ABATEMENT Within 6 months from the date of adoption of this Development Code, the City shall commence a program to inventory and identify illegal or abandoned signs within its jurisdiction. Within 60 days after this 6-month period, the City shall commence abatement of identified illegal or abandoned signs. 19.22.150 SIGN REGULATIONS Table 022.01 identifies the signs permitted in each of the land use districts. In addition to the following regulations, all signs must be in compliance with all other provisions of this Chapter pertaining to signs. ill-33 10/99