609.12

SEC. 609.12. ON AND NEAR MARKET STREET FROM THE CENTRAL SKYWAY OVERPASS TO DIAMOND STREET. (a) General Advertising Signs. Any lawfully existing general advertising sign within the Upper Market Special Sign District, other than such a sign located on a wall immediately adjacent to the establishment to which it directs attention, shall be removed within five years after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District. (b) Roof Signs. Any lawfully existing roof sign within the Upper Market Special Sign District shall be removed within five years after the effective date of such Special Sign District or

such later date as the location of such sign may be designated as part of said Special Sign District. (c) Freestanding Signs. Any existing free standing sign within the Upper Market Special Sign District that lawfully exceeds a height of 24 feet shall be removed or altered to conform with such height limit within five years after the effective date of such Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District. (d) Moving Parts. Any lawfully existing sign within the Upper Market Special Sign District that has a moving part or parts legally nonconforming under Subsection 607(d) of this Code shall be removed or altered to conform therewith within three years after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District. (e) Flashing Lights. Any lawfully existing sign within the Upper Market Special Sign District that has or consists of one or more flashing, blinking, fluctuating or otherwise animated lights legally nonconforming under Subsection 607(e) of this Code shall be removed or altered to conform therewith within three years after the effective date of said Special Sign District or such later date as the location of such sign may be designated as part of said Special Sign District. (f) Not less than six months prior to the termination of the amortization period set forth in Section 609.12(a), the City Planning Commission shall conduct a hearing regarding general compliance with all the removal and conformity requirements of Section 609.12. The City Planning Commission shall send a report thereon to the Board of Supervisors, which shall conduct a hearing on said report. (Added by Ord. 64-77, App. 2/18/77) SEC. 609.13. NONCONFORMING GENERAL ADVERTISING SIGNS IN NEIGHBORHOOD COMMERCIAL DISTRICTS. If state and/or federal statutes, as applicable, which currently required local governments to pay monetary compensation to the owners of nonconforming Signs as a condition of requiring removal of such Signs is/are repealed, or amended so as to eliminate that requirement, then any lawfully existing General Advertising Sign within a Neighborhood Commercial District shall be removed within five years of the effective date of the repeal of the amendment of said state and/or federal legislation, as applicable. (Added by Ord. 69-87, App. 3/13/87; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY Section header and section amended; Ord. 217-16, Eff. 12/10/2016. SEC. 609.14. IN THE NORTHEAST WATERFRONT SPECIAL SIGN DISTRICT. Any lawfully existing Sign that does not conform to Section 608.15 of this Code shall be removed or altered to conform to that Section within five years after the effective date of Section 608.15 or such later date as the sign becomes nonconforming. (Added by Ord. 59-08, File No. 031034, App. 4/10/2008; amended by Ord. 217-16, File No. 160424, App. 11/10/2016, Eff. 12/10/2016) AMENDMENT HISTORY Section header and section amended; Ord. 217-16, Eff. 12/10/2016. SEC. 610. VIOLATION OF GENERAL ADVERTISING SIGN REQUIREMENTS. (a) General. The penalties and methods of enforcement set forth in this Section 610 are in addition to those set forth in Section 176 of this Code and any other penalties or methods of enforcement authorized by law. In light of the findings of Proposition G, approved by the voters in March of 2002, a violation of the Code's general advertising sign requirements is deemed to be a public nuisance. (b) Administrative Penalties. The Director of Planning may impose administrative penalties for violations of the regulations governing General Advertising Signs set forth in this Article 6. These administrative penalties are cumulative to and do not foreclose any criminal or civil penalties that may apply under state or local law. Administrative penalties shall be imposed in accordance with the following procedures: (1) Notice of Violation. (A) Upon the Planning Department’s determination pursuant to Section 176 of this Code that a general advertising sign has been erected, installed, expanded, intensified, relocated, or otherwise operated in violation of the requirements of this Code or has been denied an in-lieu identifying number pursuant to Section 604.1(c) of this Code, the Director shall send a written notice of violation to the Responsible Party for delivery by first class mail, hand-delivery, or electronic mail. The notice of violation shall describe the violation(s), state that the Responsible Party has five calendar days from the date postmarked on the notice or three calendar days from the date of hand-delivery or electronic mail delivery of the notice to: (i) file an application for a permit to remove the general advertising sign; (ii) correct the violation(s) pursuant to subsection (c); or (iii) request reconsideration pursuant to subsection (d). An electronic mail message shall be considered delivered on the same day that it is sent. (B) Responsible Party. For the purposes of this Section 610, "Responsible Party" shall mean the owner(s) of the real property on which the general advertising sign is located, as listed in the Assessor's record, and the current leaseholder(s) or owner(s) of the general advertising sign, if different from the owner(s) of the real property. If the identity of the person or business entity that installed or operates the general advertising sign is unknown, the notice of violation shall be posted as close as practicable to the location of the sign; once the identity of the person or business entity is known, notice of violation shall be sent to such person or business entity without any such delay affecting the time limits, fees, or penalties imposed by this Section 610. (2) Penalties. (A) Accrual of Penalties. If a Responsible Party fails to respond to the notice of violation as outlined in Subsection (b)(1)(A), penalties shall accrue under this Section 610 at the daily rate set forth in Subsection (b)(2)(B) beginning on the Accrual Date, which is defined as the sixth day after the date postmarked on a notice delivered by first class mail, or on the fourth day after hand-delivery or electronic mail delivery of a notice, and the Director shall refer the matter to the City Attorney for further action. If the Responsible Party responds after the Accrual Date, but before the Director has referred the matter to the City Attorney, the Responsible Party shall be assessed a penalty based on the number of days that have passed beginning on the Accrual Date until the date the Responsible Party responded. Once the matter has been referred to the City Attorney for further proceedings, it shall be within the discretion of the City Attorney, in consultation with the Director, whether to allow the Responsible Party to request a reconsideration of the notice of violation or to proceed with other legal action. If the Responsible Party is allowed to request reconsideration, the Responsible Party shall pay a penalty based on the amount accrued beginning on the Accrual Date until the date the Responsible Party responded. The Responsible Party shall pay this penalty within five business days of notice that the Responsible Party will be allowed to request reconsideration. (B) Amount of Penalties. (i) The administrative penalties that the Director or administrative law judge assesses against the Responsible Party shall be related to the square footage of the General Advertising Sign found to be in violation of the Planning Code, as shown below: a. 100 square feet or less - $100 per day per violation; b. 101 - 300 square feet - $1,000 per day per violation; c. 301 - 500 square feet - $1,750 per day per violation; and d. Over 500 square feet - $2,500 per day per violation.