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Home My WebLink AboutORD-02-98 Amend Ch 17 Abatement of Non-Conforming signsORDINANCE NO. 2- 98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 17 OF THE ORANGE MUNICIPAL CODE RELATING TO SIGNS AND ABATEMENT m' NON- CONFORMING SIGNS.WHEREAS, the proliferation of temporary non-conforming signs has become an eyesore in some parts of the City; and WHEREAS, the City seeks to strike a balance between the needs of candidates for elective office to get their names and messages in front of the voters and the eyesore that the proliferation of such signs can cause; and WHEREAS, the City has had to expend public funds in removing such signs through the use of staff and City vehicles; and WHEREAS, it is difficult to catch the individual illegally posting the sign in the act; and WHEREAS, the City Council finds that the person who makes or pays for the signs should be charged with the responsibility of ensuring they are posted in accordance with City regulations and if not, should pay for the cost of removal.NOW, THEREFORE, the City Council of the City of Orange does hereby ordain as follows:SECTION I:Section 17.36.020 of the Orange Municipal Code is amended to add the following:D. Election Signs. Election signs are defined as signs which advertise a person's candidacy for an upcoming election or which state a position or otherwise provide information on a legislative measure that has qualified for the ballot on an upcoming election. Election signs are permitted without a permit or the design approval required by this section, unless the sign requires a building permit as set forth in this Chapter.Notwithstanding the above, election signs are otherwise subject to the prohibitions and restrictions on signs as set forth in sections 17.36..040 and 17.36.050 SECTION II: Section 17.36.160 is hereby deleted in its entirety and replaced with the following: A. Non-Conforming Defined. Signs and sign structures that were permitted before this ordinance was adopted may not conform to the provisions and limitations contained herein. Such a sign is classified as non-conforming. Non- conforming signs or sign structures are subject to the provisions of Section 17.38. 020. Exception to Compliance (Non- Conformities) of this Title.B. Signs Hereafter Rendered Non-Conforming. Any sign which becomes non-conforming subsequent to the effective date of this Chapter either by reason of the annexation of the City of the territory upon which the sign is located., or the amendment of this Chapter to render such sign non-confomling or otherwise, shall also be subject to the provisions of Section 17.38.20.C. Signs Relating to Businesses No Longer Operating on the Property. Signs pertaining to businesses or business activities no longer occurring on the property upon which the sign is located shall be removed from the premises or sign copy on such signs shall be obliterated within 90 days after the associated business or business activity has ceased at the site.D. Signs Relating to Events Which Have Transpired. Permitted signs advertising the occurrence of any event such as a trade show, exhibition, athletic contest,sale of property, rental of property, etc., shall be removed within 10 days after the date on which the event was held or the sale or rental was completed.E. Election Signs. All election signs shall be removed within 10 days of the applicable election. The City Clerk shall insure that all candidates for office in the City of Orange receive a summary of the City's regulations governing election signs and such candidates shall sign a "Statement of Responsibility" acknowledging the candidate's responsibility for removing signs after the election.F. Modification of Non- Conforming Signs. No non-conforming signs shall be altered in any manner, reconstructed, or moved without being made to comply in all respects with the provisions of this Chapter; provided however, that nothing herein shall prohibit the normal maintenance or repair of any non-conforming sign nor the painting G. Enforcement, Legal Procedures and Penalties. Enforcement, legal procedures, and penalties shall be in accordance with Section 1.08.010 of the Orange Municipal Code. H. Abatement of Non-Conforming Signs.I. Abatement. Any sign located on any public right of way or public property or on any utility pole or street light in violation of this Code or located on private property without the permission of the property owner, may be removed immediately.The signs shall be held for 10 days by the City prior to destruction. If the name and address of the person responsible for the sign can be reasonably ascertained, the City shall provide at least 7 days written notice by first-class mail to such owner stating the location of the signs, the fact they will be destroyed and the cost for recovering the signs.2. Agency Relationship. Persons posting signs within the City are responsible for knowing the City's sign regulations. Any person posting signs is deemed the agent of any other person who paid for or directed the making or posting of the signs.These persons shall be individually and severally liable to the City for the costs of abatement of any illegal signs, as well as criminally liable for violations of this Chapter.3. Costs. The fees to be charged for the removal and storage of non-conforming signs shall be established by resolution of the City Council and shall not exceed the City's estimated reasonable cost for such removal and storage. The Director of Community Development shall review such fees as appropriate and recommend any necessary adjustments to the City Council.I. Violations. Any person violating any provision of this Chapter shall be subject to the general penalty provisions set forth in Chapter 1.08 of this Code." SECTION III:If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section,subsection, sentence, clause or phrase not declared invalid or unconstitulional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION IV:A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five days prior to the City 3 Ord. Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within 15 days after its passage in a newspaper of general circulation in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of the adopted Ordinance along with lhe names of those City Council members voting for and against the Ordinance in accordance wilh Government Code Section 36933. Adopted this 10th day of February 1998. I' ;: cr_ _'-"../{_~ )Joanne Coontz, Mayor I ATTEST: 1f~~~ Cassandra Cathcart, City Clerk STATE OF CALIFORNIA)COUNTY OF ORANGE )CITY OF ORANGE )I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 27th day of January , 1998, and thereafter at a regular meeting of said City Council duly held on the 10th day of Fe,bruary , 1998, was duly passed and adopted by the following vote, to wit:AYES:COUNCIL MEMBERS: MURPHY, SLATER. COONTZ, SPURGEON, ALVAREZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE Cassandra Cathcart, City Clerk DAD:ajj Ord. No.2- 98 4