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HomeMy WebLinkAbout1983-01-18; City Council; 8097; CMC 18.20 amend/21.41adds - Campaign signsc 1 2 3 4 5 6 7 9 1c 11 2( 21 2: 2: 2! 24 2': 2t ORDINANCE NO. 8097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA AMENDING TITLE 18, CHAPTER 18.20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 18.20.080 TO PROVIDE FOR THE REMOVAL OF UNSAFE, ILLEGAL OR ABANDONED SIGNS AND TO PROVIDE FOR THE SUMMARY ABATEMENT OF SIGNS ON PROPERTY, AND AMENDING TITLE 21, CHAPTER 21.41 BY THE ADDITION OF SECTION 21.41.110 THROUGH 21.41.170 TO REGULATE CAMPAIGN SIGNS. The City Council of the City of Carlsbad, California doe: ordain as follows: SECTION 1: That Title 18, Chapter 18.20 of the Carlsbad Municipal Code is amended by the amendment of Section 18.20.080 to read as follows: 18.20.080 Removal of unsafe, illegal or abandoned siqns. (a) Whenever any sign or part thereof other than those referred to in subsection (b) is erected or maintained in violation of the provisions of this chapter or whenever any sign is in a condition to be in danger of falling or is a menace to the safety of persons or property, the Director of Building and Planning shall give written notice to the permittee, owner or person in charge of the sign. Such written notice shall specify the nature of the violation, order the cessation thereof and require either the removal of the sign or the execution of remedial work in the time and in the manner specified by the notice. The time for removal shall be not less than 15 nor more than 30 calendar days from the date of the mailing of the notice. Within 10 days of the date of mailing the notice the permittee, owner or person in charge of the sign may request a hearing before the Director of Building and Planning or his designee. The hearing shall be limited to whether the sign was erected or maintained in violation of this chapter or whether the condition of the sign is dangerous to the safety of persons or property. Upon receipt of a written request for a hearing the Director of Building and Planning shall schedule a hearing and send written notice by first class mail of the time, place, and date for the hearing. After the hearing the Director of Building and Planning may affirm, modify or revoke the order to remove or repair. The time for compliance with the original order shall be stayed during the pendency of the hearing. Whenever the permittee, owner or person in charge of the sign fails to comply with an order of the Director of Building and Planning made pursuant to this section the Director of Building and Planning may remove or alter the sign so that it conforms to the provisions of this chapter and chapter 21.41. The expense of such action by the Director of Building and Planning shall be charged to the 1 2 3 4 5 6 7 e 9 LO 11 12 a a k 0 18 19 20 21 22 23 24 25 26 27 28 permittee, owner or person in charge of the sign. Such amount shall constitute a debt owed to the City. No permit shall thereafter be issued to any permittee, owner or person in charge of a sign who fails to pay such costs. Any costs, including attorney’s fees, incurred by the City in collection of the costs shall be added to the amount of the debt. (b) Any lettering, advertisement, card, poster, sign or notice of any kind placed upon public property or on any curb, sidewalk, post, pole, lamp post, hydrant, bridge, tree or other surface located on public property in violation of the provisions of this code or any sign which constitutes an immediate peril to persons or property may be removed without prior notice by any officer or employee of the City of Carlsbad designated to do so by the City Manager. For the purposes of this subsection public property shall include any public right-of-way. subsection (b) of this section is posted or caused to be posted in violation of Section 18.20.050 of this chapter and the City has incurred any expense in removing the sign or other matter or in repairing public property damaged because of the posting of the sign or other matter, the Director of Building and Planning may send a bill to the person responsible for posting or causing to be posted the sign or other matter for the actual or estimated cost of removal. Any such expense incurred shall constitute a debt owed to the City. The Director of Building and Planning may establish administrative regulations to govern the billing procedures. Each bill shall include the cost both direct and indirect involved in the removing of the signs or other matter and in administering the billing procedure. The bill shall describe the basis of the amount billed by indicating the number of signs or other matter posted illegally, the time necessary for removal, the hourly cost for removal, the right to a hearing and other relevant information. The bill shall also specify a date by which the bill is to be paid which date shall be not less than ten business days after the bill is mailed. (2) Every person billed may request a hearing pursuant to subsection (d) of this section. Following the hearing the Director of Building and Planning shall within ten business days after the date of the hearing notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid which date shall in no event be less than thirty calendar days after the date of the hearing. sign or other matter in violation of the provisions of section 18.20.050 of this code who fails to pay the amount billed such person for such violation within the period specified in this section shall also be liable for expenses incurred by the City in collecting the debt, including the cost of paying City employees or other persons engaged in the debt collection. (4) In any civil action involving any person, firm or corporation, or the chairman, president or other head of any committee or organization for violation of any of the provisions (c) (1) When a sign or other matter specified in (3) Any person posting or causing to be posted a 2. 1 2 3 4 5 6 7 a 9 10 11 12 n t 0 98 19 20 29 22 23 24 25 26 27 28 of section 18.20.050 proof that the sign or other matter contains the name of or otherwise identifies such person, firm or corporation, or the particular committee or organization involved shall constitute prima facie evidence that the person, firm, corporation or chairman, president or other head of the committee or organization involved posted, or caused to be posted, such sign or other matter. (d) The owner of any lettering, advertisement, card, poster, sign or notice of any kind placed upon public property, or constituting an immediate peril to persons or property, which has been removed by an officer or employee of the City without prior notice to the owner pursuant to the provisions of paragraph (b) of this section may request a hearing conducted by the Director of Building and Planning or his designee. The request for hearing shall be made in writing to the Director of Building and Planning no later than fifteen calendar days from the date the Director of Building and Planning mails the billing statement specified in subsection (c) of this section or within thirty calendar days of the date of the removal whichever occurs first. The hearing shall be limited to determining whether the lettering, advertisement, card, poster, sign or notice was located upon pubilc property in violation of the provisions of this chapter or constituted an immediate peril to persons or property and the accuracy of the amount billed. Upon receiving a written request for hearing the Director of Building and Planning or his designee shall set a hearing not less nor more than thirty calendar days from the date of receipt of the request and shall provide written notification of the hearing to the applicant. The notification shall include the date, time and place of the hearing. The decision of the hearing officer shall be final and non-appealable. Any lettering, advertisement, card, poster, sign or notice which has been properly removed under this section may be returned to the owner upon payment to the City of the costs of removal as specified in subsection (c) of this section. If no timely request is made for hearing or if no demand is made for the return of the materials removed the Director of Building and Planning or his designee is authorized to destroy or dispose of the removed material. defined in Sections 21.41.110 through 21.41.160 of this code except as provided in Section 21.41.150. (e) This Section shall apply to campaign signs as SECTION 2: That Title 21, Chapter 21 -41 of the Carlsbad Municipal Code is amended by the addition of Sections 21.41.110, 21.41.120, 21.41.130, 21.41.140, 21.41.150, 21.41.160 and 21.41.170 to read as follows: "21.41.110 Campaign signs - Purpose and intent of It is the intent of Sections 21.41.110 through 21.41.160 provisions. to exempt campaign signs from the regulations of this chapter relative to the placement of outdoor advertising signs 3. 5- . 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 in all zones of the City, and to thereby encourage participation by the electorate in political activity during the period of political campaigns, but to permit such uses subject to regulations that will assure that political signs will be located, constructed and removed in a manner so as to assure the public safety and general welfare and to avoid the creation of a public nuisance caused by the proliferation of political advertising which would be offensive to the senses and would interfere with the comfort and enjoyment of life or property. It is the purpose of the council, in adopting these Sections 21.41.110 through 21.41.160 to provide such regulations as will contribute to the public safety and general welfare and insure the right of political expression to all members of the community. "21.41.120 Campaign signs - Permitted when - Notwithstanding any other provisions of this chapter, Regulations generally. campaign signs are permitted in any zone listed in the city subject to the regulations set forth in Sections 21.41.130 throuqh 21.41.160. "21.41.130 Campaign signs - Size regulations - No political signs shall be located in any zone in the (a) No sign shall exceed the size limit established by Residential zone regulations. city unless they shall conform to the following regulations: this section for the zone on which it is located: not limited to R-1, R-2, R-3, R-P, R-T, RMHP and R-DM - six square feet. property except R-P - sixteen square feet. located in the public right of way shall exceed six square feet. be permitted. five feet from the front property line; provided further, that in the case of corner lots, said signs must be placed at least five feet from the property lines of the intersecting streets, and said signs shall be located at least five feet from side property lines. (d) No sign shall exceed three and one-half feet in height in the front setback area. No signs shall exceed six feet in height in any area unless said sign is attached flush to any building. The measurement shall be taken from the ground level to the top of said sign. In no event shall a sign exceed the height of the building to which it is attached. The total area of all political signs on a single lot or parcel of property shall not exceed the limits established by subsections (a)(l) and (a)(2). (1) Any residentially zoned property including but (2) Any commercially or industrially zoned (3) Notwithstanding subparagraph (1) or (2) no sig! (b) Double faced signs as defined in this chapter may (c) Signs on private property must be posted at least (e) "21.41.140 Campaign signs in public right-of-way. Notwithstanding any other provision of this code a campaign sign may be placed in the public right-of-way adjacent 4. L, 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 23 24 25 26 27 28 to a public street in commercially or industrially zoned areas or along prime or major arterials in residentially zoned areas subject to the following restrictions: bench, pole or structure supporting a traffic control sign or device, or hydrant. No sign shall be placed on any tree or shrub by any nail, tack, spike or other method which will cause physical harm to the tree or shrub. (c) No sign shall be placed in such a manner as to obstruct the public use of the sidewalk or interfere with the visibility of persons operating motor vehicles or constitute a hazard to persons using the public road or right-of-way. (d) No sign shall be placed in the roadway or on the sidewalk. (e) No sign shall be placed in that portion of the public-right-of-way or easement past the sidewalk without the consent of the adjoining property owner or person in possession if different than the owner. (a) No sign shall be attached to any utility pole, bus (b) "21.41.150 Campaign signs - Time limit for posting and removal. Campaign signs may be posted not more than thirty days prior to the date of an election and shall be removed within ten days immediately thereafter. "21.41.160 Campaign signs - Sign permit required - The procedure for the approval of campaign signs is as (a) Scope - Removal authorized when. follows: The zoning enforcement officer shall notify the following of the political sign requirements as provided herein: (1) Local election: (A) Candidates for local or county office; (E) Chairmen of campaign committees for or against any measure appearing on the ballot for a local or county election; (2) State or national office: (A) Candidates for state or national office (B) State Chairmen and/or local chairmen of and/or their local campaign committee chairmen; campaign committees for or against any measure appearing on the ballot for statewide election: (b) Prior to the posting of any campaign signs, the candidate, the chairman of a campaign committee or any other person designated by the candidate or chairman who is responsibile for the posting of said sign, shall obtain a campaign sign permit. The permit, on a form prescribed by the Director of Building and Planning shall include the name, address and phone number of the candidate or campaign chairman and any person responsible for the posting of signs. The /I// //// 5. 1 2 3 4 5 6 7 a 9 10 11 15 2c 21 22 22 24 2: 2e 2'; 2t permit shall be signed by the candidate, chairman or person responsible for the posting of said signs. at the time the application for the permit is made. The fee shall be used to defray the cost of issuing the permit and administering sections 21.41.110 through 21.41.160. (d) A deposit of one hundred dollars shall be paid at the time the permit is issued. This deposit shall be refunded to the permittee within five days after the removal of the permittee's campaign sign or signs. If the permittee does not remove the signs as required by Section 21.41.140 and this section, the signs may be removed by the Director of Building and Planning after giving the notice specified in subsection (e) of this section. The deposit may be used to defray the cost of removal. The Director of Building and Planning may also charge any expense incurred hereunder to the permittee after complying with the provisions of section 18.20.080(c) of this code. Any candidate or campaign committee which is able to show financial inability to pay the deposit required by this subsection may request a waiver from the City Council. (e) The Director of Building and Planning is hereby authorized, after giving five days written notice to the person or persons who signed the sign permit, to remove any campaign signs that do not conform to the standards herein provided. If the owner or occupant of the property on which the sign is located is present, the zoning enforcement officer shall inform him of the intention to remove the sign and the possibility of the charges for removal of said sign. The cost of such removal may be charged to the permittee as provided in Section 18.20.080(c) of this code, (c) A fee set by city council resolution shall be paid 21.41.170 Constitutionality. If any section, subsection, sentence, clause or phrase of this chapte; is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter, The council declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,subsections, sentences, clauses or phrases be declared invalid. /// /// /// /// /// /// /// 6. 1 2 3 4 5 6 7 8 9 10 31 12 CI 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certifj to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 4th day of January I 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 18th day of January , 1983 by the following vote, to wit: AYES : Council Menbers Casler, Lewis Kulchin Chick and Prescott NOES: None ABSENT: None ATTEST : ( Seal ) 7.