HomeMy WebLinkAboutItem 8.1 Illegal Ad Display (2)CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 24, 1992
SUBJECT: Declaring Illegal On-Premises Advertising
Display (Sign) as a Public Nuisance
REPORT PREPARED BY: Ralph Kachadourian, Assistant Planner/Zoning
Investigator ~
EXHIBITS ATTACHED: Exhibit A: Draft Resolution Declaring an
Illegal On-Premises
Advertising Display as a
Public Nuisance
RECOMMENDATION: l~~ Adopt resolution and begin nuisance abatement
~ proceedings
FINANCIAL STATEMENT: None
DESCRIPTION:
Attached is the draft resolution to declare an illegal on-
premises advertising display (an illegal sign) as a public nuisance
under the provisions of the California Business and Professions Code.
The City Council, at its meeting of July 27, 1992, directed Staff to
begin abatement procedures against three nonconforming sign locations
identified on the sign inventory list which did not respond to the
numerous reminder letters sent by the Planning Department since
February 1992.
Staff has contacted the three business owners (Shamrock Ford,
Gallagher's Pub and American Building Components) by telephone and by
on-site visits to discuss their existing nonconforming signs and the
reasons for them not responding to the reminder letters. Al1 three
business owners had indicated that they would like to maintain their
signs and were willing to apply for the necessary permit approvals.
Enforcement action and nuisance abatement proceedings are being
held in abeyance for Shamrock Ford, pending completion of the Sign
Ordinance Amendment Study relating to automobile dealership/automobile
product line signage as directed by the Council on April 27, 1992.
The owner of Gallagher's Pub has removed the nonconforming sign
from the building and this location is now in compliance. The owner
of American Building Components has indicated he would submit an
application; however, no application has been submitted to date.
Staff has specified in the draft resolution a 20 day time ~
period (by September 13, 1992) to abate the remaining illegal on-
premises advertising display, either by removal of the sign or by
submittal of the proper permit application. Staff feels that the
illegal sign at American Building Components could be brought into
compliance by the owners within the 20 day period.
Staff recommends the City Council adopt the attached resolution
declaring the illegal on-premises advertising display at American
Building Components as a public nuisance.
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ITEM N0. ~ COPIES T0: Project Planner
C I T Y C L E R K ~Agenda File
Application File
FILE o y o a 3 a
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING AN ILLEGAL ON-PREMISES ADVERTISING DISPLAY (SIGN)
AS A PUBLIC NUISANCE
WHEREAS, on May 12, 1986, the Dublin City Council adopted
Ordinance No. 7-86 as amended by Ordinance No's 6-87, 18-88 and 9-89,
amending the City sign regulations; and
WHEREAS, during 1986, the City Zoning Investigator surveyed all
business signs within the City of Dublin and prepared an inventory and
notification letters identifying 180 business locations as having
nonconforming signs; and
WHEREAS, the notification indicated a 3-year amortization period
which required the nonconforming signs be brought into compliance with
Ordinance No. 7-86 by June 12, 1989; and
WHEREAS, on June 12, 1989, the Dublin City Council adopted an
urgency interim ordinance revising the compliance deadline 30
additional days to July 12, 1989; and
WHEREAS, the Dublin City Council, by Ordinance No. 9-89,
authorized the extension of the amortization period for the
nonconforming signs, an additional 3 years to expire on July 12, 1992;
and
WHEREAS, on July 27, 1992, the Dublin City Council directed that
nuisance abatement proceedings begin for removal of certain illegal
on-premises advertising displays under the provisions of Section
5499.2 of the Business and Professions Code of the State of
California.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that a public nuisance exists under Section 5499.2 of the
Business and Professions Code on the property described as Assessors
Parcel Number 941-550-5-1; 6247-6253 Dougherty Road as follows:
6247-6253 Douqherty Road, APN# 941-550-5-1:
One (1) wall mounted sign measured at a height of 4
feet which exceeds the two (2) foot height maximum
allowed by the sign ordinance.
E x~-t ~ a r-r- /
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
direct the property owners, Edwin and Irene Omernik, to abate the
public nuisance by removal of the aforementioned illegal on-premises
advertising display, or by submittal of an application and/or permit
to maintain said signage within 20 days (by September 13, 1992).
PASSED, APPROVED AND ADOPTED this 24th of August, 1992.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk