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HomeMy WebLinkAboutOrdinance No. 971 1' ORDINANCE NO. 971 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE RELATING TO ABATEMENT AND AMORTIZATION OF NON-CONFORMING SIGNS . The City Council of the City of Azusa does resolve as follows: SECTION 1. Upon recommendation of the Planning Commission, a new subsection (k) is hereby added to Section 9230.70 of the Azusa Municipal Code to read as follows : 1. Beginning with the effective date of this Section, all non-conforming signs shall be removed or made to comply with the provisions of this Section within the following time periods : (a) Detached signs having a con- struction cost of $100.00 or less within ninety (90) days . (b) Abandoned signs, within thirty (30) days. (c) All other signs, within five (5) years . 2. Any sign which becomes non-conforming sub- sequent to the effective date of this Section either by reason of amendments to this Section to render such sign non- conforming or by annexation to the City of the territory upon which the sign is located, or otherwise, shall also be subject to the provisions hereof. The period within which such sign must be abated shall commence to run upon the effective date of such annexation or of such amendment . 3. Abatement of non-conforming signs shall be accomplished by removal of the sign, including its structures and supports or by alteration and modi- fication in conformity with the provisions of this Section. Nothing in this subsection (k) shall pro- hibit the normal upkeep or repair of any sign nor the painting or repainting of the face thereof. 4 . Enforcement of the provisions of this subsection (k) shall be as follows : (a) All non-conforming signs remaining after the period provided for their amortization, signs con- structed in violation of this ordinance after the effective date hereof, and abandoned signs, are hereby declared a public nuisance and injurious to neighboring property and to the heath and welfare of resi- dents of the city, and the Planning Department shall order the abatement of the nuisance by removal of the sign or part thereof in violation as pro- vided herein . (b) The City shall give to such persons as are in real or apparent charge and control of the premises, to all per- sons whose names and addresses appear on the latest available tax assessment roll of Los Angeles County as owners of the subject real property, and any know owners of the sign, a written notice setting forth the conditions of the sign which are in violation of this ordi- nance, stating the right to a hearing before the Planning Com- mission regarding the violation. The notice shall require correct- ion of the conditions causing the sign to be in violation of this ordinance, and shall state that if such violation is not corrected within thirty (30) days of the posting of such notice, the violation may be corrected by the City and the costs of such cor- rection will be assessed against the real property upon which the sign is located . Such notice shall be served by personal service, or by registered or certified mail, and shall be posted upon the sign or the supporting structure or the side of the building to which it is attached . (c) Any person having any right, title or interest in the property or any part thereof may request a Plan- ning Commission hearing regarding the violation. The request shall be made in writing to the City within thirty (30) days after the violation of the ordinance . If no such request is received within said period, and the violation is not corrected, the city shall remove the sign, or such part thereof as is in violation of this ordinance . (d) Upon receipt of timely request for hearing, the matter shall be set for hearing before the Planning Com- mission within thirty (30) days of such request . Not less than ten (10) days prior to such hearing the City shall serve or cause to be served either personally, or by first class mail, postage prepaid, a copy of the notice of hearing Upon every person to whom this subsection (k) requires notice of violation to be served . Such notice of hearing shall state the street address and the legal description sufficient for identification of the premises upon which the sign is located, the conditions causing the sign to be -2- in violation of the ordinance, and the date, hour and place of hearing. (e) The Planning Commission shall consider all competent evid- ence offered by any person at such hearing, shall make written findings of fact as to whether or not the sign is in violation of the ordinance, and shall make its order based thereon. (f) When the Planning Commission finds that the sign is in violation of the ordinance, it is hereby de- clared a public nuisance and in- jurious to the health and wel- fare of the residents of the City, and the Planning Commission shall order the violation corrected . The order shall state a reasonable time within which the violation shall be corrected, which period of time shall not be less than ten (10) days after service of the order on all persons requesting the hearing. If the violation is not corrected within the time specified in the order, the City shall remove the sign, or such part thereof as is in violation of the ordinance . (g) The costs involved in the removal of signs by the City shall become a special assessment against the real property upon which the sign is lo- cated . The City shall notify, in writing, all persons having an in- terest of record in the Official Records of the County Assessor of the amount of such assessment re- sulting from such work. Within five (5) days of the receipt of such notice, any person having any right, title or interests in the property or any part thereof, may file with the Planning Commission a written request for a hearing on the correctness or reasonableness, or both, of such assessment . In the event of such timely written request, the Planning Commission shall set the matter for hearing, give such person reasonable notice thereof by first class mail, post- age prepaid, hold such hearing, and determine the reasonableness or cor- rectness of the assessment, or both. The Planning Commission shall notify, by first class mail, postage prepaid, all such persons making such request of its decision in writing within five (5) days thereof. - 3- If the total assessment deter- mined as provided for in this paragraph is not paid in full within ten (10) days after receipt of such notice, the City shall record in the office of the County Recorder a state- ment of the total balance still due and a legal description of the property. From the date of such recording, such balance due shall be a special assessment against the property. (h) The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and same pro- cedures and sale in case of de- linquency as provided for ordinary county taxes . All laws applicable to the levy, collection and en- forcement of county taxes shall be applicable to such special assess- ment . The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approvedthis 4th day of August , 1969. f y AK > // yor STATE OF CALIFORNIA COUNTY OF LOS ANGETFS SS . CITY OF AZUSA I, DEAN F. KLARR, City Clerk of the City of Azusa, do hereby certify that the aLove Ordinance No. 971 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of July , 1969. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of August , 1969, by the following vote, to wit: AYES : Councilmen Rubio, Decker, Cooney, Calvert, Solem NOES : Councilmen None ABSENT: Councilmen None v1 City Cle_ I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 13th day of August , 1969, and that the same was published in accordance with law. Publish Azusa Herald & Pomotropic, irAAA August 13, 1969 City Clel -- 4 -