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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays
Subject:
Development Code Amendment
No. 99-08, a City initiated request
to modify Development Code
Chapter 19.22 (Sign Regulations)
to include text related to sign
abatement procedures.
Dept: Development Services
CG(Q)~W
Date:
November 8, 1999
MCC Date:
December 6, 1999
Synopsis of Previous Council Action: In September 1999, the Mayor and Common
Council adopted a comprehensive revision to Chapter 19.22.
Recommended Motion: That the Mayor and Common Council close the public hearing and
"'opt n",,,_ Codo """"""'" No. ...... ~~
Signat re
Contact person: M01:gorpt l>orlr
Phone: 'lRd_'iO'i7
Supporting data attached: Staff Rl:port Ordinance Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(ArN nA!':r.ription)
Finance:
Council Notes:
Agenda Item No. J{,
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 99-08, A CITY INITIATED
REQUEST TO MODIFY DEVELOPMENT CODE CHAPTER 19.22 (SIGN
REGULATIONS) TO INCLUDE TEXT RELATED TO SIGN ABATEMENT
PROCEDURES.
Mayor and Common Council meeting of December 6, 1999
BACKGROUND:
This is a City initiated request to modify Development Code Chapter 19.22 (Sign Regulations) to
include text related to sign abatement procedures. This amendment is requested because staff,
during the comprehensive revision of the sign regulations (DCA 99-01), inadvertently left out the
abatement language. The abatement language was in the previous version of Chapter 19.22 and
is necessary for Code Compliance to pursue abatement of signage when necessary.
ISSUES: None
FINANCIAL IMP ACT: None
RECOMMENDATION: Staff recommends that the Mayor and Common Council approve
Development Code Amendment No. 99-08 based on the Findings of Fact as presented in Exhibit
1.
Exhibits:
I. Findings of Fact
2. Revised Chapter 19.22 with new text shown in bold lettering.
3. Ordinance for Development Code Amendment No. 99-08
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EXlfiBIT "1"
DeveloDment Code Amendment 99-08 Findinl!s of Fact
I. Is the proposed amendment consistent with the General Plan?
Yes. This modification to the sign regulations will be consistent with the General Plan Objective
1.42, which encourages the revitalization of deteriorated and dilapidated buildings and sites. The
inclusion of sign abatement language will help achieve this objective.
2. Would the proposed amendment be detrimental to the public interest, health, safety,
convenience, or welfare of the City?
No. The abatement of illegal or abandoned signage will be helpful to existing business and
residents throughout the City by eliminating blight and removing signage that has not been
maintained.
EXlUBIT "2"
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 deuied 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.
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4.
SIGN REGULATIONS - 19.22
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 defined 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 ILLEGAL 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 105710/8/99
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2.
SIGN REGULATIONS - 19.22
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.
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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.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO MODIFYING
CHAPTER 19.22 (SIGN REGULATIONS) OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) TO INCLUDE TEXT RELATED TO SIGN
ABATEMENT PROCEDURES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS;
SECTION 1. 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.
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.
IIII
IIII
IIII
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1 AN ORDINANCE . . . AMENDING CHAPI'ER 19.22 (SIGN REGULATIONS),
CTIONS 19.22.100 & 19.22.130 OF THE SAN BERNARDINO MUNICIPAL CODE
2 EVEWPMENT CODE) TO INCLUDE TEXT RELATED TO SIGN ABATEMENT
3 ROCEDURES.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
ommon Council of the City of San Bernardino at a
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20 1999.
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day of
, 1999, by the following vote to wit:
meeting thereof, held on
AYES
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing ordinance is hereby approved this day of
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25 AMES F. PENMAN
City A mey
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JUDITH VALLES, Mayor
City of San Bernardino
pproved as to form
legal content:
2
EXHIHIT "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.
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SIGN REGULATIONS -19.2%
4. An unmllin"'in..n sign shall be repaired or replaced within 30 calendar days tDIlowiug
notification via a Notice of Violation from the Code Compliance D..p...1w..m.
Noncompliance with such a request shall constitute a mt;""""" and penalties may be
assessed in accordance with the provisions of Chapter 19.46. MC 1057 10/8/99
19.22.UO NONCONFORMING SIGNS
1. A legal non-conforming sign may be reused subject to the following:
A. The sign is not abandoned or illegal as defined 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 mllintllined 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 compIiance 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 ILLEGAL 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 andlor there is no correction to the violation, the Code
Compliance Department will abate the violation, pursuant to Ml1IIicipal 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
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, SIGN Br.Gm.ATlONS - U.2Z ';
2. SIps &emaved by the Code Cnlllpl"~ Departmeat parsII8Jit to tldsChapter sIudi"t\,
be stored for a period ol3O days, cIariaa wIdda time they may '~' recovered by the .,'
owner apoD paymeat to the City for costs of lemom 8Dd storage. If DOt n!COYer\od
prior to aplratioD of the 30 day period, the sip 8Dd supporting structures shaD be
declared .bADdoDed ad title thereto shaD vest to the City, ad the cost of remoVII
shaD be bDled to the property OWDer.
19.22.140 INVENTORY AND ABATEMENT
Within 6 months from the date of adoption of this Development Code, the City shall ~ a
program to inventory and idemify illegal or a"'n"'oued sigos within its jurisdiction. Within 60
days after this 6-month period, the City shall commence abatement of i(lP.11tified illegal or
abandoned signs. ,
19.22.150 SIGN REGULATIONS
Table 022.01 identifies the signs permitted in each of the land use districts. In 'lddition to the '
following regulations, all signs must be in compliance with all other provisions of this Chapter
permin;l1g to signs.
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