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HomeMy WebLinkAbout2008-04-22 - AGENDA REPORTS - MUNICODE AMEND CITY PROPERTY (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: It—, ; CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by April 22, 2008 V V Curtis Williams SECOND READING OF AN ORDINANCE ENTITLED " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING AND RESTATING SECTION 11.12.070 OF TITLE 11, CHAPTER 11.12 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO PENALTIES FOR INTERFERENCE WITH CITY PROPERTY OR NOTICES". Community Development RECOMMENDED ACTION City Council conduct second reading and adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING AND RESTATING SECTION 11. 12.070 OF TITLE 11, CHAPTER 11.12 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO PENALTIES FOR INTERFERENCE WITH CITY PROPERTY OR NOTICES". BACKGROUND This ordinance was introduced and the first reading held at the March 25, 2008 City Council meeting. At the February 12, 2008 City Council meeting, Councilmember Boydston suggested penalty fees be increased for "bandit signs" in order to be more aggressive in the enforcement of signs placed in the right of way. Signs posted on the City's right of way is a growing problem in the City of Santa Clarita. The City frequently receives complaints from businesses and residents regarding signs placed on sidewalks, parkways and utility poles. It is a blight that affects the aesthetics of the entire Adopted: Ora L-4 community and lowers property. values. Currently, enforcement actions have primarily focused on abatement of the signage to deprive the violating parties of the advertising exposure to pedestrians and motorists. Community Preservation staff is regularly scheduled twice a month to abate the signs. One Saturday a month for four hours, two staff members are responsible for removing signage along the major thoroughfares within the city limits. Also one Thursday a month, the entire Community Preservation staff for three hours, removes signs from the City's major thoroughfares in addition to some side streets. Unfortunately, abatement has not deterred these entities from placing new signs in the right of way. These signs provide a distraction to motorists and can inhibit access to pedestrians on the sidewalks. The Santa Clarita Municipal Code 11. 12.070 considers this violation as an infraction, subject to a $250 criminal fine. The amendment will change the violation to a misdemeanor and subject to a $1000 fine. As a misdemeanor, this fine will be imposed by the court. Under the discretion of the prosecuting attorney or the presiding judge, the amount of the fine can be reduced. This change in the Municipal Code will provide a deterrent to individuals who wish to use the public right of way as a location for advertising their goods or services. The process to enforce this code will involve abatement and notification from enforcement staff for the initial violation. Subsequent violations will result in administrative, citations being issued and then court action should the violations persist. ALTERNATIVE ACTIONS No alternative actions have been identified. FISCAL IMPACT There is no fiscal impact to the City's General Fund by approving this amendment. ATTACHMENTS Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING AND RESTATING SECTION 11.12.070 OF TITLE 11, CHAPTER 11.12 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO PENALTIES FOR INTERFERENCE WITH CITY PROPERTY OR NOTICES. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS FOLLOWS: SECTION 1. Adoption of Section 11.12.070. Section 11.12.070 of Title 11, Chapter 11.12 of the City of Santa Clarita Municipal Code is amended and restated to read as follows: 11.12.070. Violation — Penalty. Any violation of the provisions of this chapter constitutes a misdemeanor and in addition to any other available penalties or remedies will be subject to the penalties set forth in Chapter 23.10 of this code. SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this day of , 2008. Bob Kellar, Mayor ATTEST: Sharon Dawson, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS: CITY OF SANTA CLARITA) I, Sharon Dawson, City Clerk of the City of Santa Clarita, hereby certify that the foregoing Ordinance No. was passed and adopted by the City Council of the City of Santa Clarita at a regular meeting of the Council held on the day of , 2008 and that such Ordinance was adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Sharon Dawson, City Clerk 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original' Ordinance No. 08- adopted by the City Council of the City of Santa Clarita, CA on April 22, 2008, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 32008. Sharon L. Dawson, CMC City Clerk By Susan Caputo Deputy City Clerk 3