Chapter 16.20
BILLBOARDS
Sections:
16.20.040 Location restrictions.
16.20.050 Structural requirements.
16.20.070 Nonconforming billboards.
16.20.080 Administration, enforcement and billboard removal.
16.20.090 Third-party liability.
16.20.010 Purpose and scope.
It is determined that the number of billboards in the city is becoming excessive and is a potential distraction to motorists and pedestrians, creating a potential traffic hazard and in some places reducing the effectiveness of signs needed to direct the public; the appearance of the entire city is unduly affected by the number of billboards; especially affected are the scenic view corridors and structures which are of historical significance. The number of potential (and actual) distracting billboards ought to be reduced in order to reduce the aforementioned effects.
This chapter, through the exercise of the city’s police powers, is intended to regulate the construction, placement and location of billboards in order to curtail the adverse effects of billboards and to promote traffic safety and aesthetics. (Ord. 1258-86 § 1, 1986)
16.20.020 Definitions.
As used in this chapter
A. “Billboard structure” means the framework, display face(s) and electrical components of a billboard.
B. “City” means the city of Everett.
C. “Directional sign” means a single or double faced sign not exceeding six square feet in surface area, designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience.
D. “Off-premises billboard” (hereinafter referred to as “billboard”) means an exterior non-animated sign which advertises goods, products, businesses, services or facilities which are not sold, manufactured, or distributed from the property or facilities on which the sign is located, and which is supported by a substantial permanent sign structure with one or, at a maximum, two display faces designated primarily for the purpose of painting or posting a message thereon. This also includes exterior signs devoted to religious, political, public interest, education, health or any other public service matter which are supported by a substantial permanent sign structure with one or at a maximum two display faces designated primarily for the purpose of painting or posting a message thereon, but shall not include directional signs as defined in this section.
E. “On-premises sign” means an exterior sign which advertises only the business or the goods, products, services, or facilities located on the property on which the sign is located,
F. “Scenic view corridors” means those streets which have unusual natural view significance in the city. They are as follows: Colby Avenue, Hewitt Avenue and Marine View Drive.
G. “User” means any person, firm or corporation using a billboard. (Ord. 1258-86 § 2, 1986)
16.20.030 Applicability.
This chapter does not apply to any sign which is regulated by Chapter 19.36. (Ord. 1258-86 § 3, 1986)
16.20.040 Location restrictions.
Billboard structures and billboards shall only be allowed in the following situations:
A. Billboards and billboard structures which are nonconforming per the requirements of this chapter shall be allowed per the requirements of this chapter;
B. Billboards and billboard structures which comply with the requirements of this chapter and are located on properties which have the following zoning designations in accordance with the city’s zoning code: B-2, C-1, C-2, M-M and M-1;
C. Billboards and billboard structures which comply with the requirements of this chapter and are not located on or visible from the main traveled way of the scenic view corridors. In order to be “located on or visible from” a scenic view corridor, the billboard must be located within two hundred feet of the nearest edge of the right-of-way along Hewitt Avenue or within one hundred twenty feet of the nearest edge of the right-of-way along either Colby Avenue or Marine View Drive; and
D. Billboards and billboard structures which are not located within five hundred feet of any structures, sites or districts which have been identified as having historical or landmark significance and which are listed in the National Historical Register, State Historical Register, or other official city inventory of historic and landmark places. (Ord. 3617-18 § 10, 2018: Ord. 1258-86 § 4, 1986)
16.20.050 Structural requirements.
A. Construction Requirements. Billboard structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted.
1. Wind Loads. For the purpose of design, wind pressure shall be taken upon the gross area of the vertical projection of all billboards and billboard structures at not less than twenty pounds per square foot. In calculating wind pressure on curved surfaces such as cylindrical or spherical billboards or billboard structures, this pressure shall be assumed to act on six-tenths of the projected area. In all billboards the area used in computing wind pressure shall be one and one-half times the net area of the framing members exposed to the wind.
2. Seismic Loads. In areas of high-intensity shock, all billboard structures shall be designed in accordance with local requirements to resist earthquake shock. Wind loads and seismic loads need not be combined in the design of billboard structures. Only that loading producing the larger stresses need be used.
3. Allowable Stresses. The design of wood, concrete or steel members shall conform to the requirements of the latest edition of the Uniform Building Code as adopted by the city. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those therein specified. The working stresses of wire rope and its fastenings shall not exceed twenty-five percent of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead-loads may be increased as specified in the Uniform Building Code.
B. Material Requirements. Materials of construction for billboard structures shall be of the quality and grade as specified for buildings in the latest edition of the Uniform Building Code.
1. Restrictions on Combustible Materials. Billboards and billboard structures may be constructed of any material meeting the requirements of this chapter, except as provided in this section. Billboards and billboard structures erected within five feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.
2. Nonstructural Trim. Nonstructural trim may be of wood, metal, approved plastics or any combination thereof.
3. Fastenings. Billboards and billboard structures attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied.
C. Horizontal and Vertical Clearances. No billboard or billboard structure shall be located closer to a power conductor or telephone conductor than the minimum horizontal and vertical clearance distance established by the Snohomish County PUD for power conductors and the General Telephone Company for telephone conductors. Prior to the issuance of any billboard permit by the city, the applicant shall obtain and present to the city written approval from the Snohomish County PUD and General Telephone Company stating that the billboard and billboard structure meet their horizontal and vertical clearance standards.
D. Rear of Billboards. Exposed area of backs of billboards must be covered to present an attractive and finished appearance. Each billboard structure must at all times include a facing of proper dimension to conceal backbracing and framework of structural members. During periods of repair, alteration or copy change, such facing may be removed for a maximum period not to exceed ten working days.
E. Illumination.
1. The light from any illuminated billboard or billboard structure or from any light source shall be so shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises nor adversely affect safe vision of operators or vehicles moving on public or private roads, highways or parking areas. Light shall not shine or reflect on or into residential structures.
2. No billboard or billboard structure shall have blinking, flashing or fluttering lights or illuminating devices which have a changing light intensity, brightness or color or which are so constructed and operated as to create an appearance or illusion of writing or printing. There shall not be flashing of all elements simultaneously or any flashing which could be construed as a traffic control device. Revolving beacons are prohibited.
3. No billboard or billboard structure shall be animated or rotate nor shall any animated or rotating parts be used; provided, however, that animated devices giving only the date, time or temperature are permitted.
4. No exposed reflective type bulbs and no strobe lights or incandescent lamps which exceed fifteen watts shall be used on the exterior surface of any billboard or billboard structure so as to expose the face of the bulb, light or lamp to any public street or adjacent property. No reflector for the purpose of intensifying the brightness of the light shall be permitted.
F. Height. Billboard structures shall not exceed a maximum height of twenty-five feet above the street grade and shall not exceed thirty-five feet above the base of the structure to the top of sign.
G. Size. Billboard structures may be single faced or double faced, but no billboard structure shall contain more than two sides or panels and shall not exceed an area of three hundred square feet per side. Back-to-back (double faced) billboards and V-type billboards shall be considered as one billboard structure.
H. Setbacks—Distance Between Billboards—Locational Requirements.
1. Billboard structures and billboards shall be set back at least two hundred feet from any residentially zoned property. No billboard or billboard structure shall be placed within five hundred feet of any park, playground, church, or school.
2. There shall be a minimum distance of one thousand feet of linear separation, measured parallel to the street corridor, between any two billboard structures or billboards on the same side of the street. Those billboards or billboard structures for which a permit was first issued shall be used to establish the initial point from which minimum distances shall be measured.
3. No billboard or billboard structure shall be erected or maintained within four hundred feet of linear separation, measured parallel to the street corridor of another billboard or billboard structure located on the opposite side of a street or highway, unless the billboard or billboard structure is in conformance with Section 16.20.070.
4. Billboards and billboard structures shall not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver’s view of approaching, merging or intersection traffic. All corner lots on which billboards and billboard structures are erected or maintained shall form a triangular area, one angle of which shall be formed by the front and side lot lines, and the sides of such triangle forming the corner angle shall be one hundred feet in length measured from the aforementioned angle. The third side of the triangle shall be a straight line connecting the last two mentioned points, which are a distance of one hundred feet from the intersection of the front and side lot line, and within the area comprising the triangle, no billboard or billboard structure shall be erected or maintained.
5. No billboard or billboard structures shall be located on or project over any public property or city right-of-way.
6. No billboard or billboard structure shall be erected or maintained in a location which results in the removal of any city code required landscaping or parking.
7. No billboard structure shall be erected within ten feet of any right-of-way unless the billboard structure contains only one vertical support, in which case there shall be at least a five-foot setback from the right-of-way. In no case shall any portion of a billboard or billboard structure project within five feet of the right-of-way in the case of a monopole structure or within ten feet in the case of all other structures.
8. No billboard or billboard structure shall be located on or attached to any building.
9. No billboard or billboard structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe.
I. Maintenance and Safety. The billboard structure owner and user shall be responsible for the proper maintenance and safety of the property within the immediate vicinity of the billboard structure. Such property shall be maintained to the satisfaction of the administrator. Failure to comply with this provision may result in the suspension or revocation of that particular billboard permit.
J. Discontinuance. Any billboard or billboard structure which is discontinued for a period of ninety consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall be deemed an illegal billboard or billboard structure.
It shall not thereafter be reestablished except in full compliance with this chapter. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the billboard user, shall not be considered in calculating the length of discontinuance for purposes of this section. For the purposes of this chapter a discontinued billboard or billboard structure is one which does not have an advertising message on its facia, or the majority of the message has deteriorated to the condition that the message is not clearly discernible. (Ord. 1258-86 § 5, 1986)
16.20.060 Permits and fees.
A. State Environmental Policy Act (SEPA). SEPA review is required in compliance with city ordinance and WAC Chapter 197-11.
B. Permit Requirements.
1. No billboard structure or billboard governed by the provisions of this chapter shall be erected, altered or relocated by any person, firm or corporation from and after the effective date of the ordinance codified in this chapter without a permit issued by the city. No permit shall be issued to any person, firm or corporation who does not hold a current license to erect signs as required by Chapter 5.48, and a valid state contractor’s license. No new permit is required for billboards and billboard structures which have permits and which conform with the requirements of this chapter on the day of its adoption unless and until the billboard or billboards which, on the date of adoption of the ordinance codified in this chapter, have permits but do not conform with this chapter’s requirements may be eligible for characterization as nonconforming billboards and for nonconforming billboard permits herein.
2. No billboard permit(s) submitted by or on behalf of any person, firm, or corporation which owns one or more nonconforming billboards or billboard structures within the city shall be granted until an equal number of nonconforming billboards or billboard structures owned by that person, firm or corporation have been removed, or made conforming. The actual order in which the applicant’s nonconforming billboards or billboard structures are made conforming or removed is discretionary with the city unless the applicant has executed an agreement with the city which provides otherwise.
a. Sale of Nonconforming Billboards and Billboard Structures. In the event the owner of a nonconforming billboard or billboard structure sells one or more nonconforming billboards or billboard structures, said nonconforming billboard(s) or billboard structure(s) shall be removed or brought into conformance within three years from the date of sale of the nonconforming billboard(s)/ billboard structure(s). It shall be the responsibility of the person, firm or corporation selling the nonconforming billboard or nonconforming billboard structure(s) to immediately provide the city written notification of the date of sale and the name, address and telephone number of the purchaser. The seller of the nonconforming billboard or nonconforming billboard structure shall also be responsible to inform the purchaser that it must be removed or brought into conformance within three years of the date of sale.
b. Responsibility for Costs of Removal/Conformance. The person, firm or corporation owning the nonconforming billboard structure(s) or billboard(s) shall be responsible for all costs associated with its removal or bringing it into compliance except when otherwise required by state law.
C. Permit Applications. To obtain a permit the applicant shall file an application in writing on the form furnished by the building official. The application shall contain but not be limited to the following information:
1. The name and address of the owner and user of the billboard and billboard structure, the name and address of the owner of the property on which the billboard and billboard structure is located;
2. Contractor, state license number and city of Everett license number;
3. The valuation of the billboard including labor cost; and
4. Plans, diagrams, computations and other relevant data and information as may be required by the administrator;
5. Proof that the underlying property owner(s) has authorized this use of the property.
Any engineering or architectural data that is submitted shall be stamped by an individual licensed to practice as such in the state of Washington. Plans and plot plans shall be submitted in duplicate, and all engineering calculations shall be submitted singularly.
D. Expiration of Applications. Applications which have been approved by the administrator but for which no permit is issued within one hundred eighty days following the date of application shall expire. The plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the administrator.
E. Expiration of Permits. A billboard permit issued by the administrator under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty days from the date of issuance of such permit, or if the work authorized is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty days. The administrator may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No permit shall be extended more than once.
F. Suspension or Revocation. The administrator may, in writing, suspend or revoke a billboard permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or the billboard or billboard structure violates any city ordinance, or violates any regulations or provisions of this chapter.
G. Permit Exceptions. No new permit shall be required for the following situations:
1. For repainting, cleaning or other normal maintenance or repair of a billboard or billboard structure for which a permit has previously been issued, so long as the billboard structure or content is not modified in any way;
2. For the changing of the advertising copy or message on an approved billboard.
H. Notice of Permit Denial—Reasons. When a billboard permit is denied by the administrator, he shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.
I. Variances.
1. Appeal of Administrator’s Decision. Appeal of the administrator’s decision shall be made to the land use hearing examiner except for the administrator’s decision to deny a billboard permit for failure to meet the requirements of the uniform codes as adopted by the city (U.B.C., U.E.C., etc.) or failure to meet SEPA requirements. Appeals from failure to meet the requirements of the uniform codes or SEPA shall be made in accordance with the appeal requirements of the uniform codes or SEPA. Appeal of determinations of nonconformity made by the administrator shall be made to the land use hearing examiner. The appeal must be made in writing on forms provided by the city and filed with the city clerk within ten working days from the date of the administrator’s decision.
2. Any applicant or permit holder may apply for a variance. The applicant for a variance shall submit the required application and pay the fee as established by the administrator. The hearing examiner may authorize variances from the provisions of this chapter as will not be contrary to the public interest.
No variance shall be allowed unless the hearing examiner finds that the following exists:
a. That there are exceptional or extraordinary circumstances or conditions applying to the subject property, billboard(s) and/or billboard structure(s) that do not apply generally to other properties, billboards or billboard structures regulated by this chapter;
b. That the authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity in which the property, billboard(s) or billboard structure(s) is located; and
c. That the granting of such variance will not adversely affect the city’s efforts to enhance traffic safety and the aesthetics of the city.
3. Appeal from Failure of Administrator to Act on Permit Application. Upon completion of the SEPA process in accordance with state and city requirements including the expiration of any appeal or time periods for appeal, the administrator shall either grant or deny a billboard permit within ten days if the requirements of this chapter are met. Failure to grant or deny a permit within this time period shall be grounds for appeal to the land use hearing examiner.
J. Fees. The applicant shall pay the applicable fee at the time of permit issuance. The amount of the fee shall be that amount required for a building permit in accordance with the current edition of the Uniform Building Code. A plan review fee shall be paid at the time of submitting the application. Said plan review fee shall be sixty-five percent of the billboard permit fee. When plans are incomplete or changed so as to require additional plan review fee, an additional plan review fee shall be charged at the rate of fifteen dollars per hour (minimum charge: one-half hour). The applicant shall also be required to pay the applicable fee for the SEPA review at the time of application for the required SEPA review. (Ord. 1258-86 § 6, 1986)
16.20.070 Nonconforming billboards.
A. Nonconforming. A nonconforming billboard is a billboard structure or any portion thereof which, because of its type, height, area, location or construction, could not be lawfully reconstructed in its present location. A nonconforming billboard shall have no additions thereto, except for such minor additions as the administrator may find necessary in the interest of safety or the changing of the advertising message thereon, provided that such addition or physical change does not expand the nonconforming nature of the billboard.
B. Notification of Noncompliance. The administrator shall, as soon as practicable, survey the city for billboards and billboard structures which do not conform to the requirements of this chapter. Upon determination that a billboard or a billboard structure does not comply with the requirements of this chapter, the administrator shall use reasonable efforts to so notify, either personally or in writing, the billboard user or owner of the billboard or billboard structure and where practicable the owner of the property on which the billboard or billboard structure is located of the following; provided, that the business licensee of the business with which the billboard or billboard structure is associated shall be presumed to be the billboard user under this chapter:
1. The billboard’s or billboard structure’s noncompliance with the requirements of this chapter;
2. Whether the billboard or billboard structures may be eligible for a nonconforming billboard permit.
If the identity of the billboard user, owner of the billboard, or owner of the property on which the billboard structure is located cannot be determined after reasonable inquiry, the notice may be affixed in a conspicuous place on the billboard, billboard structure, or on the business premises with which the billboard is associated.
C. Billboards Eligible for Nonconforming Billboard Permit. With the exceptions herein provided, any billboard or billboard structure located within the city limits on the date of adoption of the ordinance codified in this chapter, or located in areas annexed to the city thereafter, which does not conform with the provisions of this chapter, is eligible for characterization as a nonconforming billboard provided it meets the following requirements:
1. The billboard or billboard structure was covered by a sign permit on the date of adoption of the ordinance codified in this chapter, if one was required under applicable law; or
2. If no sign permit was required under applicable law for the billboard or billboard structure in question, the billboard and billboard structure was in all respects in compliance with applicable law on the date of adoption of the ordinance codified in this chapter.
All billboards or billboard structures which the administrator determines are not eligible for nonconforming permits but are illegal shall be immediately removed by the owner of the billboard or billboard structures, brought into immediate compliance with this chapter, or arrangements satisfactory to the administrator shall be made to remove the billboard or billboard structure or bring it into conformance within ten working days of notification of the illegal status by the administrator.
The owner of the billboard or billboard structure shall immediately apply for a nonconforming permit from the administrator. Said permit shall be in the amount of fifty dollars for each nonconforming billboard which shall be payable prior to the issuance of a new permit in accordance with subsection B of Section 16.20.060. The applicant shall provide the administrator with the name, telephone number and address of the owner of the billboard and billboard structure, the date of installation, the dimensions of the billboard and billboard structure, the setbacks from schools, parks, historical structures, rights-of-way, etc., plus additional relevant information which may be required by the administrator. Failure to apply for a nonconforming permit within ten working days of notification shall result in the billboard and/or billboard structure becoming an illegal billboard.
D. Loss of Nonconforming Status. A nonconforming billboard or billboard structure shall immediately lose its nonconforming designation and become an illegal billboard or billboard structure if:
1. The billboard is altered in any way in structure or copy (except for changeable copy and normal maintenance) which tends to or makes the billboard less in compliance with the requirements of this chapter than it was before the alteration;
2. The billboard or billboard structure is relocated to a position making it less in compliance with the requirements of this chapter; or
3. The billboard or billboard structure is replaced; or
4. Any nonconforming billboard or billboard structure which is discontinued for a period of ninety consecutive days, regardless of any intent to resume or not to abandon such use, shall be presumed to be abandoned and shall not thereafter be reestablished except in full compliance with this chapter. Any period of such discontinuance caused by governmental actions, strikes, material shortages or acts of God, and without any contributing fault by the billboard owner, shall not be considered in calculating the length of discontinuance for purposes of this section. The administrator shall notify the owner of a discontinued billboard and/or billboard structure by registered mail that the ninety consecutive day period has commenced as of the date of sending the letter, and that the owner must comply with this section of the chapter. For the purposes of this chapter, a discontinued billboard is one which does not have an advertising message on its facia, or the majority of the message has deteriorated to the condition that the message is not clearly discernible; or
5. The billboard or billboard structure is damaged or destroyed, by any means, to the extent of one-half of its replacement cost new. Upon the happening of any one of the above paragraphs 1, 2, 3, 4 or 5 of this subsection, any nonconforming billboard permit shall become void and the billboard or billboard structure shall become an illegal billboard or billboard structure. The administrator shall notify the billboard user, billboard owner, billboard structure owner, or owner of the property upon which the billboard or billboard structure is located of the cancellation. Arrangements satisfactory to the administrator shall be made within ten working days of the date of sending certified or registered notice that the billboard and/or billboard structure shall immediately be brought into compliance with this chapter, or shall be removed by the billboard owner, billboard user or the property owner on which the billboard is located. Failure to make satisfactory arrangements within the ten day time period or to bring the billboard(s) or billboard structure(s) into compliance or to remove them pursuant to the arrangement made with the administrator shall constitute a violation of this chapter.
E. Nonconforming Billboard Maintenance and Repair. Nothing in this section shall relieve the owner or user of a nonconforming billboard or billboard structure or owner of the property on which the nonconforming billboard or billboard structure is located from complying with the provisions of this chapter regarding safety, maintenance and repair of billboards and billboard structures; provided, however, that any repainting, cleaning, and other normal maintenance or repair of the billboard or billboard structure shall not modify the billboard or billboard structure or copy in any way which makes it less in compliance with the requirements of this chapter or the billboard or billboard structure will lose its nonconforming status.
F. Any nonconforming billboard or billboard structure which has been so modified, repaired, or relocated in accordance with the requirements of this chapter as to bring it into complete compliance with this chapter shall not be considered a nonconforming billboard. (Ord. 1258-86 § 7, 1986)
16.20.080 Administration, enforcement and billboard removal.
A. Code Administrator. The administrator of this chapter is the building official or his/her designee. The administrator is authorized and directed to enforce and carry out all provisions of this chapter, both in letter and spirit, with vigilance and with all due speed. To that end, the administrator is authorized to promulgate necessary rules and procedures consistent with the purposes of this chapter. The administrator is further empowered to delegate the duties and powers granted to and imposed upon him under this chapter. As used in this chapter, “administrator of this code” or “administrator” includes his authorized representative.
B. Inspection. The administrator is empowered to enter or inspect any property, building, structure or premises in the city, upon which, or in connection with which a billboard, as defined by this chapter, is located, for the purpose of inspection of the billboard, its structural and electrical components, and to ensure compliance with the provisions of this chapter. Such inspections shall be carried out during reasonable hours, unless an emergency exists, provided that if such building or premises be occupied, he shall first present proper credentials and request entry. If such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the administrator shall have recourse to every remedy provided by law to secure entry.
C. Code Violations and Enforcement. The remedies provided in this section for violations of or failure to comply with provisions of this chapter, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
Any billboard or billboard structure which is not in compliance with all the provisions of this chapter is an unlawful billboard.
1. Civil Remedies. The violation of or failure to comply with any of the provisions of this chapter, or the erection, use or display of any billboard or billboard structure not in compliance with all of the provisions of this chapter is declared to be unlawful and a nuisance.
a. Injunction and Abatement. The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the courts against any person, firm or corporation who violates or fails to comply with any provision of this chapter or against the erector, owner or user of an unlawful billboard or billboard structure or the owner of the property on which an unlawful billboard or billboard structure is located, to prevent, enjoin, abate or terminate violations of this chapter and/or the erection, use or display of an unlawful billboard or billboard structure.
b. Civil Penalty. Any person, firm or corporation who violates or fails to comply with any of the provisions of this chapter or the erector, owner or user of an unlawful billboard or billboard structure or the owner of property on which an unlawful billboard or billboard structure is located shall be subject to a maximum civil penalty of two hundred fifty dollars for each day or portion thereof that the use or display of the unlawful billboard or billboard structure has continued, except that the owner of property on which an unlawful billboard or billboard structure is located, who is not also the owner or user of the unlawful billboard or billboard structure, shall be subject to the penalty only if demand for removal or alteration of the unlawful billboard or billboard structure shall have been mailed to said owner at his last known address by registered mail, return receipt requested, and the demand has remained uncomplied with for more than thirty days.
2. Removal of Unlawful Billboard—Immediate and Serious Danger. Billboards or billboard structures which the administrator finds upon public streets, sidewalks, rights-of-way or other public property, or which wheresoever located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the administrator without prior notice. The owner of the billboard or billboard structure, the user of the billboard or billboard structure, and the property owner on which the billboard or billboard structure is located shall be responsible to the city for all costs incurred by the city in the removal of the billboard or billboard structure. (Ord. 1383-87 § 6 (part),1987; Ord. 1258-86 § 8, 1986)
16.20.090 Third-party liability.
This chapter is intended to provide for and promote the health, safety and welfare of the general public, and is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
It is the specific intent of this chapter to place the obligation of complying with these regulations upon the permit applicant, any person, firm or corporation owning the billboard and billboard structure, using the billboard and billboard structure, and the property owner upon which the billboard and billboard structure are located. No provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant/permittee to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1258-86 § 10, 1986)