HomeMy WebLinkAbout26-Community Development ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Interim Director Subject: An Ordinance Repealing Section 8.15.130
and Adopting a New Chapter 16.18 of the
Dept: Community Development San Bernardino Municipal Code Regarding
Unauthorized Signs on Public Property.
Date: September 8, 2010
MCC Date: October 4, 2010
Synopsis of Previous Council Action:
05-18-2009 Mayor and Common Council adopted an unauthorized sign removal permit
fee through the Master Fee Resolution (Reso. No. 2009-122).
Recommended Motion:
That said Ordinance be laid over for final adoption.
11/AZI/*
Valerie C. Ross
Contact Person: Valerie C. Ross Phone: 3329
Supporting data attached: Staff Report Ward(s): Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct.Description:
Finance:
Council Notes: y/,57�UC /�//e"(-c) 4777>/�r
Agenda Item No. 2(0
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance Repealing Section 8.15.130 and Adopting a New Chapter 16.18 of the San
Bernardino Municipal Code Regarding Unauthorized Signs on Public Property.
Background:
Section 8.15.130 of the San Bernardino Municipal Code is entitled Posting Notices Prohibited,
and states that it is unlawful to post any kind of notice or sign on public property, including
utility poles. The difficulty with enforcement is that the signs and notices are then posted without
being observed by any City workers and the company that produced or posted the signs cannot
be identified. For example, on August 26, 2010, Code Enforcement spent four hours removing
approximately 1,600 illegally placed signs in the public right-of-way along the most frequently
traveled primary and secondary arterials.
The proposed Chapter 16.18 of the Municipal Code will be entitled, Unauthorized Signs on
Public Property. It includes definitions and expands upon the prohibition about placing notices
on public property. In particular, it defines a"responsible party" as the owner or lessee of
property that is being used for the event or activity as advertised on the sign or notice. In
addition, it allows Code Enforcement to recover the costs of unauthorized sign removal from the
"responsible party." Based on discussions with staff in other jurisdictions with similar
ordinances,the ability to charge removal costs is a huge deterrent to prevent repeat occurrences.
On May 18, 2009, the Mayor and Common Council adopted an unauthorized sign removal
permit fee through the Master Fee Resolution. However, the fee was not effective until the
effective date of adoption of this ordinance.
Financial Impact:
The fee of$100 per sign has been previously established, and the 2010-11 budget assumes
revenues of$100,000 from the permits.
Recommended Motion:
That said Ordinance be laid over for final adoption.
Exhibits: Ordinance
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING SECTION 8.15.130 AND ADDING CHAPTER
16.18 OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING UNAUTHORIZED SIGNS ON PUBLIC
PROPERTY.
1 WHEREAS, the City of San Bernardino has an ongoing and serious problem of
businesses posting signs on public property creating a public nuisance and blight
2 throughout the City; and
3
WHEREAS, the Mayor and Common Council of the City of San Bernardino find that it
4 is necessary to hold owners and/or businesses that profit from these unauthorized
signs responsible for the cost of removal of these unauthorized signs.
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6 NOW THERFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
7
Section 1. Chapter 16.18 of Title 16 is hereby added to read as follows:
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9 Chapter 16.18
UNAUTHORIZED SIGNS
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16.18.010 Definitions.
11 16.18.020 Prohibitions.
12 16.18.030 Cost of Removal.
16.18.040 Collection of costs.
13 16.18.050 Violation — Penalty.
14 16.18.010 Definitions.
15
For the purpose of this chapter only, unless otherwise apparent from context, words
16 and phrases used in this chapter shall have the meanings hereinafter designated.
The definitions in this chapter are included for reference purposes only and are not
17 intended to narrow the scope of definitions set forth in federal, state or other
18 applicable laws or regulations. Words used in this chapter in the singular may include
the plural and the plural may include the singular. Use of the masculine shall also
19 mean feminine and neuter.
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21 A. "Code" means the San Bernardino Municipal Code.
22 B. "Development Code" means Title 19 of the San Bernardino Municipal Code.
23 C. "Director" means the Director of Community Development or his/her designee.
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D. "Responsible party" means the owner or lessee of property used for a
25 commercial activity or event; or the sponsor or promoter of a sporting event,
concert, theatrical performance, or similar activity or event. Any information
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Revised 7-10
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING SECTION 8.15.130 AND ADDING CHAPTER
16.18 OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING UNAUTHORIZED SIGNS ON PUBLIC
PROPERTY.
1 that appears on a sign that is removed may be used to establish that the
person or venue listed on the sign is the actual responsible party including, but
2 not limited to, information identifying a person or corporate identity.
3 E. "Unauthorized sign" means any notice, writing of letters, words or numerals,
4 pictorial presentation, illustrations or decorations, emblems or devices, symbols
or trademarks, flags, banners or pennants, graphic announcement, posters,
5 pictures or any item used to advertise in any manner businesses, services or
events at some location other than that upon which the sign is located.
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16.18.020 Prohibitions.
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No person shall place, affix, erect, extend, project over, suspend or maintain or cause
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to be placed, affixed, erected, extended, suspended or maintained any unauthorized
10 sign in, over or on public property, public utility poles, light poles, public rights-of-ways,
trees in the public right-of-way, or on publicly owned or maintained land or property
11 adjacent to the public right-of-way unless otherwise permitted by the Development
Code or other applicable laws. Such activity shall constitute a nuisance and the
12
Director may proceed in a summary manner to abate such nuisance by causing the
13 unauthorized sign to be removed immediately.
14 16.18.030 Cost of Removal.
15 The cost of the removal of any sign by City employees and/or City contractors
16 pursuant to this chapter shall be borne by the responsible party. The cost of removal
shall be established by separate resolution of the Mayor and Common Council.
17
16.18.040 Collection of costs.
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19 Unpaid costs of removal shall be a debt to the City and subject to all remedies for debt
collection as allowed by law.
20
16.18.050 Violation — Penalty.
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22 A violation of this chapter may be enforced or punished in any manner prescribed by
law, including but not limited to issuance of administrative citations pursuant to
23 Chapter 9.92, through issuance of administrative civil penalties pursuant to Chapter
9.93, or through any other process or procedure established or allowed by this code or
24 applicable law.
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Revised 7-10
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING SECTION 8.15.130 AND ADDING CHAPTER
16.18 OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING UNAUTHORIZED SIGNS ON PUBLIC
PROPERTY.
1 Section 2. In the event that any provision of this Ordinance, or any part thereof, or
any application thereof to any person or circumstance, is for any reason held to be
2 unconstitutional or otherwise invalid or ineffective by any court of competent
3 jurisdiction on its face or as applied, such holding shall not affect the validity of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof
4 to any person or circumstance or of said provision as applied to any other person or
circumstance. It is hereby declared to be the legislative intent of the City that this
5 Ordinance would have been adopted had such unconstitutional, invalid, or ineffective
6 provision not been included herein.
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[Signature page follows]
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Revised 7-10
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
REPEALING SECTION 8.15.130 AND ADDING CHAPTER
16.18 OF THE SAN BERNARDINO MUNICIPAL CODE
REGARDING UNAUTHORIZED SIGNS ON PUBLIC
PROPERTY.
1 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
2 the day of , 2010, by the following vote, to wit:
3 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
4
MARQUEZ
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6 DESJARDINS
7 BRINKER
8 SHORET
9 KELLEY
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JOHNSON
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12 MC CAMMACK
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Rachel Clark, City Clerk
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16 The foregoing Ordinance is hereby approved this day of , 2009.
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18 PATRICK J. MORRIS, Mayor
19 City of San Bernardino
Approved as to form:
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JAMES F. PENMAN
21 City Attorney
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By:
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Revised 7-10