Chapter 18.28
ABATEMENT AND REMOVAL
Sections:
18.28.010 Abatement.
A sign erected or maintained in violation of this title is a public nuisance. The city may take proceedings for the abatement of the nuisance and make the cost of the abatement a special assessment against the premises in accordance with the provisions of Government Code Sections 38773, 38773.5, and those specified in Chapter 8.04 BMC. In addition to all other remedies, the city has a lien upon the sign which it removes and may keep possession of the sign until the owner pays the cost of removal. (Ord. 77-12 N.S. § 1, 1977; prior code § 8-935).
18.28.020 Removal generally.
A. Unsafe Signs. A sign which imperils the safety of a person or property may be summarily removed.
B. Removal After Notice and Hearing. A sign which is not removed within the time prescribed in this title, or a sign which is erected in violation of this title is subject to removal in the manner set forth in BMC 18.28.030 through 18.28.060. (Ord. 77-12 N.S. § 1, 1977; prior code § 8-937(a, b)).
18.28.030 Violation – Notice.
The building inspector shall give written notice to the owner of the premises as shown in the last equalized assessment roll or as known to him, and to each person other than the owner who is in possession or control of the premises. The notice of violation shall be by certified mail addressed to the premises where the violation exists. The notice shall contain the following:
A. A general description of the sign which is allegedly in violation;
B. A copy of the section of this title which is being violated;
C. An estimate of cost of the sign together with any substantiating information such as a cost estimate in support of the figure stated;
D. A notice of time and place at which time the owner or the person responsible may appeal and present evidence as to the absence of a violation or the value of the sign or both. (Ord. 77-12 N.S. § 1, 1977; prior code § 8-937(b)(1)).
18.28.040 Notice – Hearing.
The building inspector or his designated representative shall hold a hearing at the time and place set forth in this notice. The purpose of the hearing is to establish whether or not a violation of this title has occurred and is continuing to occur and to fix the value of the sign. At the hearing, either the owner or the occupant of the premises, or both, may appear and be heard upon these questions. A person has the right to appear with an attorney. (Ord. 77-12 N.S. § 1, 1977; prior code § 8-937(b)(2)).
18.28.050 Removal by city.
If at the conclusion of the hearing the city building inspector or his designated representative finds that a violation of this title is continuing to exist and, that upon previous notice to comply, the owner or occupant of the premises failed to correct the violation and that the fair market value of the sign does not exceed $500.00, then the building inspector may order the sign to be summarily removed. The building inspector shall give the owner and occupant of the premises notice of the time and place of his intention to remove the sign. The owner or occupant may remove the sign at any time prior thereto. (Ord. 77-12 N.S. § 1, 1977; prior code § 8-937(b)(3)).
18.28.060 Removal cost.
Each person who erects a sign which is subject to removal under this chapter is jointly and severally liable for the cost of removal. The city has a lien upon the sign for the cost of removal and may keep possession of the sign until the owner redeems it by paying to the city the cost of removal. The city may dispose of the sign 60 days after removal by giving the owner notice that the owner may redeem the sign by paying the cost of removal or if he fails to do so, the city will dispose of the sign as it sees fit without further liability to the owner for this action. (Ord. 77-12 N.S. § 1, 1977; prior code § 8-937(c)).