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Home My WebLink About14 SIGN REMOVAL COST 11-19-01AGENDA REPORT NO. 14 .? .'i'~ .~..r.[, ..: MEETING DATE' TO: FROM: SUBJECT' NOVEMBER 19, 2001 680-95 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT ESTABLISHMENT OF SIGN REMOVAL COST RECOVERY FEES AND ORDINANCE NO. 1246- AMENDING CITY CODE SECTION 9405g SUMMARY Ordinance NO. 1246 is an amendment to Subsection g of Section 9405 of the Tustin City Code to allow the City to remove illegal signs placed on public property and to recover the costs from the person responsible for the placement of such signs, through an administrative procedure. Resolution No. 01-111 establishes the recovery costs. Applicant' City of Tustin Community Development Department RECOMMENDATION That the City Council take the following actions: . Adopt Resolution No. 01-111, establishing the recovery costs associated with the removal and disposal of illegally placed signs on public property or easements; and, , Have second reading by title only and adoption of Ordinance No. 1246, amending City Code Section 9405g (roll call vote). FISCAL IMPACT Ordinance No. 1246 is a City-initiated project. The proposed ordinance would establish an administrative procedure for the collection of costs associated with illegal sign removal. These costs would offset the City's costs for the sign removal. BACKGROUND/DISCUSSION The following Ordinance No. 1246 had first reading by title only and introduction at the November 5, 2001 City Council Meeting' ORDINANCE NO. 1246 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION g OF SECTION 9405 OF THE TUSTIN CITY CODE RELATING TO ABATEMENT OF ILLEGAL SIGNS IN THE PUBLIC RIGHT-OF-WAY. / City Council Report Code Amendment 01-004 November 19, 2001 Page 2 Ordinance No. 1246 indicates that the costs of removal and disposal of illegal signs may be established by resolution. The cost per sign would be based on the cost of the staff time needed for removal and disposal of the sign, including administrative costs. The staff costs are estimated as follows: Physical Tasks Administrative Tasks Invoicing Tasks Appeal/Hearing Tasks (if applicable) $9 per sign $78 for the first sign plus $5 per additional sign $39 per invoice $183 per hearing The specific tasks involved in the sign removal process are identified in Exhibit A of Resolution No. 01-111. Also included are average staff time required for each task and the current cost per task based on current staff salaries and benefits. Costs are subject to change with future salary and/or benefit adjustments, as determined by the Director of Community Development and will become effective 30 days following the adoption of Ordinance No. 1246. Scoff Reekstin Senior Planner Elizabe~-A. Bir~,a~k ..... Community Development Director ccreport\CA 01-004 Sign Removal Cost Recovery Second Reading.doc Attachments' A- Resolution No. 01-111 B- Ordinance No. 1246 RESOLUTION NO. 01-111 l0 14 l? 20 ?-2 2.4 25 2'7 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ESTABLISHING THE RECOVERY COSTS ASSOCIATED WITH THE REMOVAL AND DISPOSAL OF ILLEGAL SIGNS ON PUBLIC PROPERTY OR EASEMENTS. The City Council of the City of Tustin does hereby resolve as follows' WHEREAS, on November 5, 2001, the City Council introduced and had first reading of Ordinance No. 1246, amending Subsection g of Section 9405 of the Tustin City Code; and WHEREAS, the amendment to Tustin City Code Section 9405g establishes an administrative procedure for recovering the costs associated with the removal and disposal of illegally placed signs on public property or easements; and WHEREAS, a public hearing was duly noticed, called, and held on Ordinance No. 1246 by the Planning Commission on October 8, 2001, and by the City Council on November 5, 2001; and WHEREAS, the Community Development Department removes illegally placed signs on public property and easements to protect the health, safoty, and welfare of the City of 'l'ustin which result in tho Department incurdng staff costs; and WHEREAS, the proposed costs would not exceed the reasonable cost of abating illegal signs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tustin hereby establishes recovery costs, subject to change with future salary and/or benefit adjustments, for the removal and disposal of illegally placed signs on public property or easements, as identified in Exhibit A attached hereto. Recovery costs shall become effective 30 days following the adoption of Ordinance No. 1246. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 19th day of November, 2001. Tracy Wills Worley Mayor Pamela Stoker City Clerk l0 14 l? 20 24 2? City Council Resolution 01-111 November 19, 2001 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 01-111 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution 01-111 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 19th day of November, 2001. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A- FEE ANALYSIS Task Physical Tasks Locate the sign Park the vehicle Photograph the sign Remove the sign Place sign in vehicle Dispose sign Administrative Tasks Print photograph Create case file Enter info in computer Contact parties Complete activity log Report activity Close and file case Respond to complaints Invoicing tasks Prepare invoice Mail invoice Monitor payment Appeal/Hearinq Tasks Notify persons Prepare report Attend hearing Provide written notice Code Enforcement Officer 20 minutes per sign Senior Planner Staff Cost* 2 hours for the first sign plus 10 minutes per extra sign N/A 30 minutes per sign type $9 per sign $78 for the first sign plus $5 per extra sign I hour per invoice 5 hours per hearing 15 minutes per invoice 1 hour per hearing $39 per invoice $183 per hearing *Staff costs are subject to change with future salary and/or benefit adjustments, as determined by the Director of Community Development. SR/code enforcement/Sign Removal Costs Attachment.doc l0 12 14 15 16 ]7 ]8 20 2! 22 23 24 25 26 27 ORDINANCE NO. 1246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION g OF SECTION 9405 OF THE TUSTIN CITY CODE RELATING TO ABATEMENT OF ILLEGAL SIGNS IN THE PUBLIC RIGHT-OF-WAY. The City Council of the City of Tustin does hereby ordain as follows: Section I. The City Council finds and determines as follows' A, That the amendment to Tustin City Code Section 9405g has been prepared to establish an administrative procedure for recovering the costs associated with the removal and disposal of illegally placed signs on public property or easements. B, That a public hearing was duly noticed, called, and held on this Ordinance by the Planning Commission on October 8, 2001, and by the City Council on November 5, 2001. C. The proposed amendment would not have an adverse effect on the public health, safety, and welfare of residents or businesses of the City. D, A Negative Declaration has been adopted for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Eo The procedure for the recovery of costs associated with the removal and disposal of illegally placed signs on public property or easements established by this Ordinance is necessary to protect the health, safety, and welfare of the City of Tustin in that the City will be able to abate these signs and reduce the negative impacts of sign clutter on the community more effectively by using the recovered costs to fund increased enforcement efforts. F. The proposed amendments are consistent with the Tustin General Plan in that they comply with Goal 4 to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Section II. Subsection g of Section 9405 of the Tustin City Code is amended to read as follows: l0 14 l? 20 22 24 25 2? 28 Ordinance No. 1246 Page 2 go Abatement of Illegal Signs in Public Right-of-Way I , Any sign installed or placed illegally on public property or easements, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation and destruction or disposal without notice or hearing. , The person who was responsible for the placement of the illegal sign shall be liable to the City for the cost of the removal of such sign. In the absence of persuasive evidence to the' contrary, the person who benefited from the sign shall be presumed to be the person who was responsible for the placement of the sign. The Director of Community Development is authorized to determine the person who was responsible for the placement of the sign and costs of removal and disposal of the sign and to invoice such person for the amount of such costs, including any administrative costs and such other costs related to removal and disposal as the Council may establish by resolution. Any invoice shall be accompanied by a notice of the responsible person's right to a hearing pursuant to this Subsection. . Any person who has received an invoice pursuant to this Subsection may request a hearing on the responsibility of such person for the placement of the sign and/or the amount stated as the cost of removal and disposal of the sign. Any such request for a hearing must be in writing and must be filed with the Community Development Director within ten (10) business days of the date of mailing of the invoice. The request for hearing must set forth the basis of such person's objection to the in¥oice. o Upon the receipt of a request for a hearing, the Director of Community Development shall set a hearing date before a hearing officer appointed by the City Manager within thirty (30) days of receipt of the request for a hearing. The Director shall provide the person requesting the hearing at least five (5) days advance notice of the hearing date. The hearing date may be changed by mutual consent of the Director of Community Development, the person requesting the hearing, and the hearing officer. At the hearing, the person requesting the hearing shall present evidence that: 1) the person was not responsible for the placement of the illegal sign; or 2) the amount invoiced for sign removal and disposal was excessive. . Within a reasonable time following the conclusion of the hearing, the hearing officer shall render a written decision. In the event the hearing officer determines that the person requesting the hearing l0 14 20 22 24 25 28 Ordinance No. 1246 Page 3 was not the person responsible for the placement of the sign, the invoice shall be cancelled in full. In the event the hearing officer determines that the amount invoiced should be reduced, the invoice shall be modified accordingly and the person requesting the hearing shall be liable for such reduced amount. In all other 'respects, the Director of Community Development's determination shall be upheld; the total amount of the invoice shall include the amount initially assessed and shall include an additional amount to cover the costs of the hearing, as the Council may establish by resolution. The decision of the hearing officer shall be final. Section III. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason determined to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.' PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 19th day of November, 2001. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk