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HomeMy WebLinkAbout34-Planning CITY OF SAN BEFh.-ARDINO - REQUEST ...OR COUNCIL ACTION From: Larry E. Reed, Director Subject: Annual sign Code sticker Public hearing, Ordinance & Fee Resolution Planning and Building Services Dept: 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 th~ nTn;n;:itn,..~ ~nn ~~c:nlll-r;nn tn </19/00 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 r~ 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: Council Notes: COUNCIL:CA.REQUEST-18B 75.0262 Agenda Item No. 34 CITY OF SAN BEk .ARDINO - REQUES1 .:O~ COUNCIL ACTION STAFF REPORT PROPOSAL The city is adopting by ordinance, a requirement to annua11y 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 Valuation $ 2,000 $25 157,500 25 37,500 25 8,500 25 500 $208,000 Approx. new sign permits annually 300 Legally installed business signs 6,300 Illegal business signs which could be corrected 1,500 Legal billboards 340 Illegal billboards which could be corrected 20 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 TO: Henry Empeno, Deputy City Attorney )(fpV Building I/L I I FROM: Larry E. Reed, Director of Planning & Services 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 BE. ~ARDINO - REQUES.~ FOR 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 Senior Planner (forms, procedures) Senior Code Compliance Officer Typist Clerk II (typing, mailing) Material Cost Mailing Cost 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 Total: 2. SIGN STICKER APPLICATION PROCESSING Time Typist Clerk II (Counter) (filing) Senior Code Compliance Officer Overhead: 10% for rent, utilities, 6,640 siqns x $13. = $86.320 cost COUNCIL:CA.STAFF-18B Page 1 75-0264 .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 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 Code Compliance Officer Senior Code Compliance Officer Typist Clerk II (phone, typing) 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 Overhead: 10% - rent, utilities, 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. CITY 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 the survey, only hired right away. delayed until the 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 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 Annual 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 l2 abatement program referred to in Section 19.60.084. 13 "19.60.083 ILLEGAL SIGNS l4 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. l8 "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 15.04.085(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 2l FLORES 22 MAUDSLEY 23 MINOR 24 POPE-LUDLAM 25 MILLER 26 27 28 City Clerk HE/dys/sign.ord February 14, 1990 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ......... -- ~~ -- 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 ., 1990 . of 5 6 w. R. Holcomb, Mayor 7 City of San Bernardino 8 Approved as to form and legal content: 9 JAMES F. PENMAN, City Attorney ~ 1 , . By: ~~ I /c:-../'....- ~j .J HE/dys/sign.ord February 14, 1990 4