Loading...
HomeMy WebLinkAbout2067 ORDINANCE NO. 2067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9240, 940 I, 9402.3, 9405 AND ADDING A NEW SECTION 9407.3 PROHIBITING THE PLACEMENT OF SIGNS, BANNERS AND POSTERS ON PRIVATE PROPERTY THAT ARE NOT PERMITTED USES AND DECLARING A PUBLIC NUISANCE SUBJECT TO ABATEMENT, CIVIL PENAL TIES AND COST ASSESSMENT WHEREAS, various conditions that become a public nuisance in the City of Arcadia should be included in the nuisance abaternent provisions of the Arcadia Municipal Code; and WHEREAS, the following findings and code amendments apply to current problems that need to be addressed as part of the City's nuisance abatement and regulatory process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION I. FINDINGS. I. The Arcadia General Plan includes goals that pertain to the preservation of specific attributes which comprise Arcadia's identity as a "Community of Homes" and provide for their long term protection. Another related goal is to direct the arnount and location of land uses in a manner which enhances the environmental, social, physical and economic well-being of Arcadia. 2. The City of Arcadia is primarily a residential cornrnunity with well-rnaintained property, and a substantial interest in maintaining its appearance and mitigating visual blight and clutter. 3. The City encourages the rnost appropriate use ofland to provide adequate open space, lessen congestion, prornote appearance, facilitate provision for cornrnunity facilities, and utilities, to conserve and stabilize the value of property and other related goals to promote the health, safety and general welfare of the comrnunity. 4. The regulations and prohibitions specified are necessary to prevent the visual clutter and blight. 5. The City has experienced a proliferation of signs, posters, advertisements and related displays described below as off site signs on properties throughout the cornmunity such as poles, buildings, vacant lots and vacated premises. 6. The indiscrirninate placing of subject signs is not sightly. It creates an atmosphere that degrades the property, adjacent land and the community. 7. The signs are not removed by those responsible for their placement. They are left unattended and therefore deteriorate further thereby enhancing blight. Their non-removal also creates litter and debris when they become detached. 8. Nurnerous similar signs are often placed on the sarne property and/or in close proximity to each other thereby adding to their proliferation and concomitant visual clutter. 2 2067 9. The City of Arcadia has historically taken steps to promote aesthetics and prevent visual clutter within the City. Some examples include Arcadia's property maintenance ordinance, newsrack requirements and design review process. 10. There is a lack of accountability by those responsible for the signs. Their presence is rnobile and transitory. They rarely identify thernselves or their property. Tracing responsible parties is very difficult. 11. In view of the above findings, a broad range of rernedies is necessary to regulate and control the proliferation of signs, assure compliance with the Municipal Code and eliminate nuisance conditions. The lack of accountability referred to in Finding No. 10 warrants the necessity for civil and criminal rernedies along with a sumrnary abaternent process. The availability and utilization of these rernedies affords the City a flexible approach and ability to warn and take action through a variety of means to control the illegal sign and nuisance conditions as caused and rnaintained by the type of violator referred to in Finding No. 10 above. SECTION 2. That Section 9240 of the Arcadia Municipal Code is hereby amended to read as follows: 9240. ZONE USE COMPLIANCE. No building shall be erected and no existing building shall be rnoved into, reconstructed, structurally altered, added to, or enlarged, nor shall any building, land or prernises be used, designed or intended to be used for any purpose other than a use listed in this Chapter for the zone in which such land, buildings or premises 3 2067 is located. Any use that is not specifically permitted pursuant to the AMC is deerned prohibited. SECTION 3. That Section 9401 ofthe Arcadia Municipal Code is hereby arnended by adding a (5) to Sub-section (I) to read as follows: (5) The aforementioned problems and related abaternent process are also necessary with regard to the indiscriminate and unauthorized placement of signs, banners, and posters on private property throughout the City. This placement is characterized by difficulty in ascertaining a responsible party or parties for such actions, and a concornitant lack of accountability that perpetuates the public nuisance conditions. SECTION 4. That Section 9402.3 of the Arcadia Municipal Code is hereby amended by adding a Sub-section 14 to read as follows. 9402.3(14). Signs, posters, or banners that are not permitted uses. SECTION 5. That Section 9405 of the Arcadia Municipal Code is amended hereby arnended by adding a Sub-section 18 to read as follows: 9405( 18). The placernent, allowance, use or rnaintenance of signs, posters, and banners that are not permitted uses in the City of Arcadia. 4 2067 SECTION 6. That the Arcadia Municipal Code is hereby amended by adding a new Section 9407.3 to read as follows: 9407.3. SUMMARY ABATEMENT, COST ASSESSMENT, CIVIL PENALTIES. (a) Sumrnary Abatement. Any nuisance condition set forth in the aforernentioned sections for which the responsible parties cannot be readily ascertained and which can be abated by the City pursuant to the rernoval of specific items are subject to immediate abatement by City forces, without use of the procedures set forth in Section 9407.1. (b) Costs. The costs for this action shall be assessed to the responsible parties. For purposes of this Section, "responsible parties" shall rnean any and/or all of the following: Those persons or entities who place the nuisance items on the property or who are otherwise responsible for its placement and maintenance thereon including but not lirnited to the property owner, tenants, promoters, those who make and or place the referred to nuisance items on property and those responsible for that placernent such as event and exhibit sponsors and venues. (c) Civil Penalties. Pursuant to Arcadia City Charter Section 1501, in order to effectuate the regulatory purpose of nuisance abatement including the mitigation of blight, unsightly conditions, and rnaintenance of property in a manner that is consistent with permitted uses in the City of Arcadia, civil penalties in an arnount not to exceed up to One Thousand Dollars ($1,000) per day per violation rnay be assessed the responsible parties as set forth above. These civil penalties are to be imposed with full cognizance of the findings 5 2067 set forth herein. No civil penalty as set forth herein shall be irnposed without notice to the responsible parties and an opportunity to be heard on the propriety of the penalty through an administrative review process and/or judicial proceeding pursuant to a civil penalty review process established by the City of Arcadia. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the rernaining portions of this Ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or rnore sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 8. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of sarne to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. 6 2067 I' ~ Passed, approved and adopted this 4th day of March ,1997. ~ / f . -rvtldA t-f/ ~ ~ 'YO< of tho C;ty of ~~ A nEST: Ma~J~-S< . . Clerk of the of Areadia APPROVED AS TO FORM: '1r) .f mB City A::!::I 7 2067 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2067 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular rneeting of said Council held on the 4th day of March, 1997 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmernber Chang, Harbicht, Kovacic, Young and Kuhn NOES: None ABSENT: None J 8 2067