§ 10.16.040 — Unauthorized signs, lights and signals prohibited in public street right-of-way

10.16.040 - Unauthorized signs, lights and signals prohibited in public street right-of-way.

A. No person shall place or maintain nor shall any public authority permit upon any public street right-of-way any sign or signal bearing thereon any commercial advertising or any other sign, light or signal which is not an official traffic control device, an approved public safety or identification sign, an approved subdivision directional sign, an approved street light banner, an approved interpretive historic sign, as defined in Section 19.620.140, providing historic or interpretive information located in or adjacent to the right-of-way of a designated historic district or designated historic street, or an approved monument or directional sign within the Riverside Auto Center Assessment District, or an approved pedestrian mall sidewalk sign as permitted by Chapter 19.620 and/or Chapter 19.625 of the Riverside Municipal Code, and has obtained an encroachment permit. B. The City Council, through its Public Works Department may approve the placement on the public street right-of-way of public safety signs, including neighborhood watch signs, community identification signs, subdivision directional signs subject to terms of a licensing agreement with the City, approved street light banners along designated streets subject to the terms of a license agreement with the City, business or facility identification signs which do not identify a specific business or facility by name, an approved, interpretive historic sign, as defined in Section 19.620.140, providing historic or interpretive information located in or adjacent to the right-of-way of a designated historic district or designated historic street, or an approved monument or directional sign within the Riverside Auto Center Assessment District. All signs placed in the public street right-of-way require an encroachment permit and shall meet the specifications of Chapters 19.620 and/or Chapter 19.625, or if not specified in the aforementioned Chapters, the Public Works Director for size, format, color, material, location and manner of placement and attachment. Signs posted in violation of Chapters 19.620 and/or Chapter 19.625 are subject to removal, costs for removal, and any other enforcement or punishment prescribed by law C. Every sign, light or signal prohibited by this section is a public nuisance and the City Traffic Engineer or other authority having jurisdiction over the public street right-of-way is empowered to remove the same or cause it to be removed without notice. D. The cost of removal of any sign, light or signal which is a nuisance under subsection C of this section shall be borne by the person who placed it in the public right-of-way or the person, business, company or entity benefited by the sign. Whenever a sign, light or signal is found in the public right-of-way, the same shall constitute prima facie evidence that the person, business, company or entity benefited by the sign placed or authorized the placement of the sign. The costs of removal of signs, light or signal under this section shall be the actual cost or the standard cost pursuant to a fee schedule set by resolution of the City Council. After removal of any sign, light or signal pursuant to this section, the person, business, company or entity who placed it or who benefited from it shall be served with a statement of costs. Notice shall be given that the determination stated in the statement of costs can be appealed by filing a written appeal with the City Manager and paying an appeal fee in such amount as set by resolution of the City Council within ten days of the receipt of the statement of costs or within 15 days of the mailing of the statement of costs, whichever is earlier. Such written appeal shall include appellant's name, address and telephone number and a complete statement of the basis for the objection to the statement of costs. If no appeal is timely filed, the costs shall become a civil debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount specified in the statement of costs. If the appeal is filed, the City Manager shall then appoint a hearing officer to hear the appeal. The hearing officer must hear the appeal within 60 days following the filing of the appeal, or such later date as may be agreed upon by the appellant. Notice of the date and time of the hearing shall be given in writing, and shall be no sooner than five days from the date the notice of hearing is given to the appellant. At the hearing, the charged party and City staff will be given an opportunity to present evidence about the statement of costs. The hearing officer shall rule on the appeal and if the costs are determined to be properly imposed (as to amount and responsible party) the costs or the costs as modified shall become a civil debt to the City. The decision of the hearing officer shall be final.

(Ord. 7362 § 3, 2017; Ord. 7229 § 14, 2013; Ord. 6591 § 1, 2001; Ord. 6527 § 6, 2000; Ord. 6495 § 1, 1999; Ord. 6487 § 1, 1999; Ord. 6306 §§ 1, 2, 1996; Ord. 6024 § 2, 1992; Ord. 5968 § 1, 1991; Ord. 5877 § 1, 1990; Ord. 5109 § 1, 1983; Ord. 4827 § 1, 1980; Ord. 3919 § 1, 1972; Ord. 2940 § 4.4, 1961)