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HomeMy WebLinkAbout8.1 Illegal Ad DisplayCITY 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. ------------------------------- -------------------- ------------- 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