HomeMy WebLinkAbout1991/05/21 Item 7
CXXJNCIL AGENDA STATEMENT
Item 1
ITEM TITLE:
Meeting Date 5/21/91
Ordinance ;Z~~~ Amending Sections 19.60.530, 19.60.550 and
19.60.580 of the Chula vista Municipal Code Relating to
political Signs
Assistant City Attorney Fritsch tt(tv?
(4/5ths Vote: Yes No X )
REFERRAL 00. 2086- -
SUBMITTED BY:
Council requested this office to review the political sign ordinance to
address several of Council's concerns, as more fully discussed below.
REca1MENDATION: Place the ordinance on first reading.
DISCUSSION:
Council has expressed concern that the requirement in our political sign
ordinance of giving twenty-four hours notice to a sign violator prior to
removing the sign interferes with the expeditious removal of illegal signs.
This office has consulted with Brad Remp, the Assistant Director of Building
and Housing, who advises us that the twenty-four advance notice provision has
not been an impediment to effective enforcement. He advises that they have
been getting extremely good voluntary compliance once they notify the
violators of the violation.
Council also was concerned that our ordinance is unclear as to who is
responsible for a violation, the sign owner or the property owner. In order
to clarify this, we are proposing two amendments which are attached which make
it clear that both the candidate and the property owner are responsible for
any violations. To that end, we are proposing appropriate amendments to
Sections 19.60.530 and Section 19.60.580 to clarify that both the candidate
and the property owner are responsible.
In addition, Council was concerned, with respect to the setback requirements,
about the property rights of property owners. Council wanted to ensure that
an owner did not inadvertently violate the law by his failure to know where
his property line is. This office agrees that due process requires adequate
notice of a violation and we should change the language regarding sign
setbacks so that the setback is from the curb or sidewalk instead of the
property line, since there is no obvious demarcation of the property line.
All of these changes are attached hereto.
BOARDS/COMMISSIONS REXDMMENDATION: N/A
FISCAL IMPACT:
N/A
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ORDINANCE NO. ;2~~8
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 19.60.530, 19.60.550 and 19.60.580 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO
POLITICAL SIGNS
The City Council of the City of Chula vista does ordain
as follows:
SECTION I: That Section 19.60.530 is hereby amended to
read as follows:
Sec. 19.60.530
political signs-Purpose and intent of
provisions.
It is the intent of Sections 19.60.530 through
19.60.580 to exempt political signs from the regulations
of this chapter relative to the placement of outdoor
advertising signs 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
unstinted 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 this chapter
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. To that end, no person shall place a sign or
shall permit a sign to be placed in violation of this
chapter. A person who places a sign, or permits a sign
to be placed in violation of this chapter is referred to
as a "violator" for the purposes of thlS chapter.
SECTION II: That Section 19.60.550 is hereby amended to
read as follows:
Sec. 19.60.550
political signs-Agricultural and
residential zone regulations.
No person shall post, or permit the posting, of a
political signt//~lfVV/~~//A~t~t~~ in any agricultural
or residential zone in the city (A, R-E, R-l, R-2 and
R-3 zones) unless they shall conform to the following
regulations:
A. No sign may exceed five (5) square feet in area.
~-- 2.
B. Double-faced signs as defined in this chapter may
be permitted.
c. $~t~/~~~if/~f/~~/~if/Xf~~t/ftANJV/f~~if/tt~~
t~f//ft~~~//vvqV~vify/~~v/kt~~/tptt~~t/,//t~~t
tf1/ /Wf/ / J;N;;JV / rf;t! /rfr:/r/rNr/ / jlJJ,t/.3/,/ / #J.,J.j /fIi/<irtrl / Jr/JtN n~
PX~t~~/~/Vf/~iif/tJ.,~/~/ft9~/t~fi/~vqvf/v~/XJ.~~~
~t/~/~~~~t~~~~~~g/~tt~At~/,//~if~/~ftt~//~~~/~~~xt
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Xt.~~~j No sign shall be posted in such a manner
that any port1on of sa1d s1gn 1S w1th1n S1X feet of
the house side of the s1dewalk and, if there is no
sidewalk within fifteen feet of said sign, then
fifteen feet from the house side of the street
curb. Said signs must be placed at least six feet
from the house side of 1ntersecting sidewalks or 1f
there are no sidewalks, then fifteen feet from the
house or back sides of intersecting curbs. Unless
a further setback is required by the foregoing
rules (as in the case of corner lots adjacent to
intersecting streets l, said signs shall be located
at least five feet from side property lines except
for lots located at intersections.
D. NO sign shall exceed three and one-half feet in
height in the front setback area, and such signs
shall not exceed six feet in height in any area
unless said sign is attached flush to any
bu ilding. The measur ement shall be taken from the
ground level to the top of said sign.
E. No sign may be affixed to an already existing sign.
SECTION III: That Section 19.60.580 is hereby amended
to read as follows:
Sec. 19.60.580
political signs-Removal authorized when.
The procedure for the removal of political signs is as
follows:
wi th the exception of signs posted in the public
right-of-way, which may be removed wi thout notice, the
Director of Building and Housing or his or her designee
is hereby authorized, after giving 24 hours notice to
the #Viff/r///9f//~~~//~t.~nj violator{s) to remove any
political signs that do not conform to the standards
herein provided. The notice shall specify the provision
of the sign ordinance being violated, and shall inform
the rf;wnft violator{sl that removal charges will be
assessed. The ~wnft violator{sl may, within 24
hours, request a hearing before the Director of Building
and Housing to appeal the decision to remove the sign.
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If the p~~~t violator(s)
not be removed until the
final decision rendered.
so request, the sign shall
hear ing has been held and a
If the p~~~t violator(s) cannot be located after
reasonable effort to do so, the sign may be treated as
abandoned property and removed.
SECTION V: This ordinance shall take effect and be
in full force on the thirtieth day from and after its adoption.
Presented by and approved as to form by
f{t/l 1// 7. L(~
{V __ t./L4(~
Rut M. Fr~tsch, Ass~stant c~ty Attorney
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