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Ordinance No. 774 - Illegal Signs and Recover CostORDINANCE NO. 774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROVIDING AUTHORITY TO REMOVE ILLEGAL SIGNS AND RECOVER COSTS FROM THE RESPONSIBLE PARTIES THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds, determines and declares: A. The City has been experiencing a proliferation of illegal, temporary signs advertising upcoming events at regional venues; and B. The posting of illegal signs detracts from the City's appearance; and C. The posting of illegal signs requires City staff time to document and physically remove the signs. i Section 2. The following new sections 9915-9918 are hereby added to the Rosemead Municipal Code to read as follows: 9915. Authority to Remove Illegal Signs in Public Right of Way. A. Any illegal sign in the public right-of-way maybe removed by the City. B. No notice shall be required prior to removal of illegal signs, including without limitation elections signs, in the public right-of-way. C. Any sign removed by the City, except any sign of de minimis value, shall be held in storage and the owner or other person in control of such sign, if the owner or other person in control of such sign is identified, shall be given written notice and ten (10) days to reclaim such sign. In the event the City is not able to identify the owner or person in control of such an illegal sign, no notice is required. D. Any sign held in storage by the City may be destroyed by the City if not reclaimed: 1. In the time period set forth in Subsection C above; or 2. Within ten (10) days after the removal if the owner or other person in control of such sign is not known. E. In order to reclaim a sign removed by the City, the owner or other person in control of such sign shall first pay to the City a fee as set forth in a resolution adopted by the City Council. F. Any illegal sign in the public right-of-way of de minimis value shall be deemed to be abandoned and may be destroyed by the City after removal. No opportunity to reclaim such sign shall be given by the City. G. For purposes of this Section, any sign made of cardboard or other non-durable material shall be deemed to be of de minimis value. 9916. Presumption of Responsible Party • A. Each of the following persons is presumed to be responsible for the posting of an illegal sign, including without limitation an election sign, on public property: 1. Any person whose name appears on the sign; and 2. The promoter or sponsor of an event named on the sign; and 2. Any person retained to post or distribute such signs. B. More than one person may be deemed responsible for the placement of the same sign. 0 9917. Charges for Removal of Illegal Signs on Public Property. A. All persons responsible for an illegal sign posted on public property, as well as any person who actually posted the sign, shall be jointly and severally liable for the costs of the City for the removal of such sign from public property. Such charges shall be in addition to all other legal remedies, criminal, civil and administrative, which may be purused by the City to address any violation of this Code. B. A Bill of Charges shall be served upon a responsible party by the Director of the Department which removed the sign. C. The total amount of the Bill of Charges shall be deemed to be a civil debt to the City and the City may take such action to recover such charges as the City is authorized to do by law for the recovery of a civil debt. 9918. Hearing on Removal Costs. A. The Bill of Charges shall include a notice of the right of the person being charged to request a hearing before the City Manager to dispute the imposition of the charges. B. Any request for a hearing to dispute the imposition of charges must be in writing and received by the Offfice of City Manager within ten (10) days of the date of service of the Bill of Charges, and shall include a statement of the reasons and grounds upon which the dispute is based. The Office of the City Manager • shall conduct the hearing on disputed charges within twenty (20) days of the receipt of the request for hearing. Section 3. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this 26th day of November, 1996. 7W .4L yor • ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD ) I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 774 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROVIDING AUTHORITY TO REMOVE ILLEGAL SIGNS AND RECOVER COSTS FROM THE RESPONSIBLE PARTIES was duly introduced and placed upon first reading at a regular meeting of the City Council on the 12th day of November, 1996 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 26th day of November, 1996, the following vote, to wit: AYES: COUNCILMEMBERS: Vasquez, Taylor, Clark, Bruesch, Imperial • NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NANCY VAL RRAMA, City Clerk 0