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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2013 - ITEMS RELATING TO THE REMOVAL OF SIGNSDATE: March 5, 2013 STAFF: Beth Sowder Peter Barnes AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT Items Relating to the Removal of Signs. A. Second Reading of Ordinance No. 030, 2013, Making Certain Amendments to Chapter 17, Article III, Section 17-42 of the City Code Regarding Signs in the Right-of-Way. B. Second Reading of Ordinance No. 031, 2013, Amending the Land Use Code Regarding the Removal of Election Signs. EXECUTIVE SUMMARY Ordinance No. 030, 2013, amends City Code Section 17-42 to eliminate the 24-hour notification requirement that the City must provide before removing signs that are illegally placed in the right-of-way. It also recommends providing notice to the business or entity identified on the sign after its removal, and holding the sign for ten (10) days to allow the owner the opportunity to retrieve the sign before disposal, unless the sign is insignificant in value or it advertises or promotes an event or activity that has already occurred. Also recommended is the ability for staff to immediately dispose of the sign if it is a repeat violation within a 12-month period. This section applies to all signs placed in the right-of-way. Ordinance No. 031, 2013, amends Section 3.8.7(L)(1) of the City’s Land Use Code to extend the length of time allowed to remove election signs from private property from four (4) days after an election to five (5) days after an election. This section applies only to election signs on private property. These Ordinances were unanimously adopted on First Reading on February 19, 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 19, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 19, 2013 STAFF: Beth Sowder Peter Barnes AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT Items Relating to the Removal of Signs. A. First Reading of Ordinance No. 030, 2013, Making Certain Amendments to Chapter 17, Article III, Section 17-42 of the City Code Regarding Signs in the Right-of-Way. B. First Reading of Ordinance No. 031, 2013, Amending the Land Use Code Regarding the Removal of Election Signs. EXECUTIVE SUMMARY Ordinance No. 030, 2013, amends City Code Section 17-42 to eliminate the 24-hour notification requirement that the City must provide before removing signs that are illegally placed in the right-of-way. It also recommends providing notice to the business or entity identified on the sign after its removal, and holding the sign for ten (10) days to allow the owner the opportunity to retrieve the sign before disposal, unless the sign is insignificant in value or it advertises or promotes an event or activity that has already occurred. Also recommended is the ability for staff to immediately dispose of the sign if it is a repeat violation within a 12-month period. This section applies to all signs placed in the right-of-way. Ordinance No. 031, 2013, amends Section 3.8.7(L)(1) of the City’s Land Use Code to extend the length of time allowed to remove election signs from private property from four (4) days after an election to five (5) days after an election. This section applies only to election signs on private property. BACKGROUND / DISCUSSION Signs in the Right-of-Way In the summer 2012, Neighborhood Services took over the enforcement of Section 17-42 of the City Code regulating signs placed in the right-of-way. The Engineering Department asked for assistance from Code Compliance in order to more quickly address items illegally placed in the right-of-way. The Code Compliance Inspectors are in the neighborhoods more frequently and could more quickly and efficiently enforce this provision. During October 2012, the month prior to the election, a seasonal code inspector worked full-time specifically to address signs that were illegally placed in the right-of-way. This inspector was in addition to the other four inspectors looking for illegally placed signs while out doing their regular patrols. Neighborhood Services primarily used proactive enforcement while giving highest priority to complaints. The Code currently requires the City to give 24-hour notice before removing any signs placed in the right-of-way. Staff notified each campaign office early in October regarding legal sign placement. Neighborhood Services also used press releases and social media to get the same information to the public. Staff talked directly with any business that had a sign in the right-of-way adjacent to their business. For a sign placed in the right-of-way directly in front of a residence (mostly in the parkway space between the sidewalk and the curb), staff used door-hangers to let each resident know that they needed to move their sign onto their private property. The majority of people did not recognize a public right-of-way, and failed to realize that they placed their sign in an illegal location. The door hangers helped prevent homeowners from thinking their signs had been stolen and helped them understand where they could legally place their signs. Between October 1 and November 6, staff inspected over 186 locations with illegally placed signs (some locations had multiple signs). Of those, 131 were election signs and the remainder were advertising, real estate, stadium, or other signs. (See Attachment 1 for more details) COPY COPY COPY COPY February 19, 2013 -2- ITEM 19 Some of the trends noticed were: • Aside from election signs, real estate and advertising signs are most often illegally placed in the right-of-way. • Most of the violations occur in the parkway strip between the sidewalk and the curb. Some of the lessons learned and changes planned for the future are: • There were election signs placed in the right-of-way the weekend prior to the election – in the future, staff will work this weekend in order to remove illegally placed signs. • Additional outreach needs to be done with real estate agents and real estate companies. • Door hangers were a good way to inform residents of sign placement requirements – most complied once notified. • Taking the time to talk to businesses was very well received and another good way to ensure businesses were aware of the requirements – all complied once notified. Land Use Code Removal Requirement for Election Signs on Private Property Section 3.8.7(L)(1) of the Land Use Code states that all election signs must be removed four days after an election. After the four days, the City can notify property owners who still have election signs on their private property that they must remove the signs. Unlike signs illegally placed in the right-of-way, signs in violation of Section 3.8.7(L)(1) are on private property. City staff cannot go onto private property and remove signs. If the property owner does not remove the signs after being notified, the City must issue a Municipal Court summons for the violation. Elections normally occur on a Tuesday, which means the existing regulation requires that signs be removed from private property by 12:01 a.m. on the Sunday after the election. However, staff currently does not begin inspecting for remaining signs until the Monday after the election. Notification to property owners to remove remaining signs also begins on the Monday after the election. Amending the Code to extend the time limit for the removal of election signs to a normal work day will bring the Code in line with actual practice and will alleviate the concern that staff should be inspecting for violations on a Sunday. RECOMMENDED CODE CHANGES Signs in the Right-of-Way In an effort to more efficiently enforce Section 17-42 of the City Code that prohibits signs from being placed in the right- of-way, staff recommends removing the 24-hour notice requirement. This would enable City staff to immediately remove signs that are illegally placed in the City’s right-of-way. Staff also recommends providing notice to the person, business, or entity identified on the sign after removal and holding the sign for ten (10) days to allow the owner the opportunity to retrieve the sign, unless the sign is insignificant in value or it advertises or promotes an event or activity that has already occurred. If the sign is not retrieved, staff may dispose of the sign. Staff recommends immediate disposal of signs illegally placed in the right-of-way for a second (or more) occurrence within a 12-month period. Land Use Code – Election Signs on Private Property Section 3.8.7(L)(1) of the Land Use Code (LUC) requires that all election signs must be removed from private property within four days after an election, which means that the removal day is normally Sunday. City staff does not work on Sundays, so enforcement of the regulation does not begin until the Monday after the election. Staff recommends amending the Code to extend the time limit for the removal of election signs from four (4) days to five (5) days. This will make it a normal work day which will bring the Code in line with actual practice, and alleviate the concern that staff should be inspecting for violations on a Sunday. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. COPY COPY COPY COPY February 19, 2013 -3- ITEM 19 BOARD / COMMISSION RECOMMENDATION At its January 17, 2013 meeting, the Planning and Zoning Board unanimously voted to recommend approval of the LUC change as part of its Consent Agenda. PUBLIC OUTREACH An article explaining the recommended code changes and requesting feedback was in the January Neighborhood News newsletter which has over 800 subscribers. One person provided feedback, asking that proactive education still occur so people will know the regulations about the legal placement of signs. ATTACHMENTS 1. Signs in the Right-of-Way Summary Report – Election Period 2012 2. Planning & Zoning Board Minutes, January 17, 2013 ORDINANCE NO. 030, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING CERTAIN AMENDMENTS TO CHAPTER 17, ARTICLE III, SECTION 17-42 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING SIGNS IN THE RIGHT-OF-WAY WHEREAS, in the summer of 2012, Neighborhood Services’ code compliance officers (“City staff”) assumed responsibility for the enforcement of Section 17-42 of the City Code regarding illegally placed signs in the right-of-way; and WHEREAS, the City Code currently requires City staff to give twenty-four hours notice to the person or entity whose business, interests or activities are advertised, furthered or promoted by a sign that is illegally placed in the right-of-way before removing such sign; and WHEREAS, during the month prior to the election from October 1, 2012 through November 6, 2012, City staff identified over 186 locations with illegally placed signs; and WHEREAS, City staff has received citizen-initiated complaints about the length of time that illegally placed signs remain in the right-of-way before removal; and WHEREAS, City staff recommends eliminating the twenty-four hour notification requirement so that signs illegally placed in the right-of-way can be immediately removed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-42 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 17-42. Posting notices and handbills on premises. . . . (f) If at any time the City Engineer determines that a commercial or business sign or noncommercial sign has been fastened, affixed, placed or installed in or on public property in violation of paragraph (b), the City Engineer may remove the sign. The City Engineer shall attempt to notify the sign owner on the date of removal that the sign will be disposed of if not claimed by the sign owner within ten (10) business days. If the sign owner cannot be ascertained or contacted, or the sign owner fails to claim the sign after notice, the City Engineer may dispose of the sign in any manner, notwithstanding the provisions of § 23-130, in addition to issuing a citation for violation of this Section. (g) If the City Engineer has given or attempted to give the notice referred to in paragraph (f), and the City Engineer finds any sign advertising the same business, interests or activities that were the subject of the previous notice within twelve (12) months after such notice was given, the City may summarily remove and dispose of the sign in any manner without additional notice, notwithstanding the provisions of § 23-130 of this Code. (h) The notice referred to in paragraph (f) shall not be required if the City Engineer finds any sign on public property in violation of paragraph (b) that is insignificant in value, or that advertises or promotes an event or activity that has already occurred as of the date of removal of such sign. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- ORDINANCE NO. 031, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE REGARDING THE REMOVAL OF ELECTION SIGNS WHEREAS, Section 3.8.7(L)(1) of the Land Use Code requires that all election signs must be removed from private property within four days after an election; and WHEREAS, elections normally occur on Tuesdays and, as a result, election signs must be removed by 12:01 a.m. on the Sunday following the election; and WHEREAS, City staff is generally available to remove such signs only on Monday through Friday, so that the enforcement of this sign regulation does not begin until the Monday following the election; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Land Use Code be amended to state that election signs may remain in place following an election for a period of five days instead of four, so that the enforcement of the regulation can begin on the first day after the expiration of the period within which the signs are to be removed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 3.8.7(L)(1) of the Land Use Code is hereby amended to read as follows: (L) Election Signs. (1) Election signs authorized by Section 3.8.7(C)(1)(g) or 3.8.7(D)(2) shall be allowed on a lot at any time prior to the election day to which the sign relates and shall be removed within five (5) days after the election day. . . . Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2013, and to be presented for final passage on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk