HomeMy WebLinkAboutORD 1246 (2001)
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).
E.
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:
Ordinance No. 1246
Page 2
g.
Abatement of Illegal Signs in Public Right-of-Way
1.·
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.
2.
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.
3..
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 invoice.
4,
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 l 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 rem. oval and disposal was
excessive.
5,
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
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 moro sections, subsections, sontences, 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.
S WORL
Mayor
_.-PAMELA STOKER
City Clerk
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1246
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1246
had first reading by title only and introduction at the November 5, 2001 City Council
meeting and was adopted at the November 19, 2001 Council meeting by the following
vote:
COUNCILMEMBER AYES: Worley, Thomas, Bone, Doyle, Kawashima
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk