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HomeMy WebLinkAboutPC RES 3808]0 t4 17 2O 24 25 RESOLUTION NO. 3808 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 01,004 TO AMEND SUBSECTION g OF SECTION 9405 .OF THE TUSTIN CITY CODE RELATING TO ABATEMENT OF ILLEGAL SIGNS IN THE PUBLIC RIGHT-OF-WAY. The Planning Commission of the City of Tustin does hereby resolve as follows' The Planning Commission finds and determines' 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. Bo That a public hearing was duly noticed, called, and held on this project by the Planning Commissi°n on October 8, 2001. Co The proposed amendment is consistent with the Tustin General Plan in that it complies with Goal 4 to assure a safe, healthy, and aesthetically pleasing community for residents and businesses. In addition, the project has been revieWed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be conSistent with the Air Quality Sub-Element. D. The proposed amendment would not have an adverse' effect o.n the public health, safety, and welfare of residents or businesses of the City. 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. Fo That a Final Negative Declaration has been considered and recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. l0 14 ~5 l? 20 2! 2:? 24 25 Resolution No. 3808 Page 2 II. The Planning Commission hereby recommends that the City Council approve Code Amendment 01-004 by amending Subsection g of Section 9405 of the.Tustin City Code as follows: 'g. Abatement of Illegal Signs in Public Right-of-Way , 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. ,, 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. 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 l0 Resolution No. 3808 Page 3 J 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 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. D AND ADOPTED by the Planning Commission .of the City of Tustin at a regular meeting held on the 8th day of October, 2001. '" "LESLIE A. PONTIOUS Chairperson ELIZABETH A. B'INSAC~: Planning Commission Secretary 20 2! E OF CALIFORNIA) UNTY OF ORANGE ) SS OF TUSTIN ) 24 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3808 was dulY passed and adopted at the regular meeting of the Tustin Planning Commission, held on the 8th day of October, 2001. ELIZABETH A. BINSACK Planning Commission Secretary