5499.1-5499.16
BUSINESS AND PROFESSIONS CODE
SECTION 5499.1-5499.16
5499.1. For purposes of this chapter only:
(a) "Illegal on-premises advertising display" means any of the
following:
(1) An on-premises advertising display erected without first
complying with all ordinances and regulations in effect at the time
of its construction and erection or use.
(2) An on-premises advertising display that was legally erected,
but whose use has ceased, or the structure upon which the display is
placed has been abandoned by its owner, not maintained, or not used
to identify or advertise an ongoing business for a period of not less
than 90 days.
(3) An on-premises advertising display that was legally erected
which later became nonconforming as a result of the adoption of an
ordinance, the amortization period for the display provided by the
ordinance rendering the display nonconforming has expired, and
conformance has not been accomplished.
(4) An on-premises advertising display which is a danger to the
public or is unsafe.
(5) An on-premises advertising display which is a traffic hazard
not created by relocation of streets or highways or by acts of the
city or county.
(b) "On-premises advertising display" means any structure,
housing, sign, device, figure, statuary, painting, display, message
placard, or other contrivance, or any part thereof, which is
designed, constructed, created, engineered, intended, or used to
advertise, or to provide data or information in the nature of
advertising, for any of the following purposes:
(1) To designate, identify, or indicate the name of the business
of the owner or occupant of the premises upon which the advertising
display is located.
(2) To advertise the business conducted, services available or
rendered, or the goods produced, sold, or available for sale, upon
the property where the advertising display is erected.
(c) "Enforcement officer" means the public employee or officer
designated by the legislative body of the city or county to perform
the duties imposed by this chapter on the enforcement officer.
5499.2. (a) The legislative body of a city or county may declare,
by resolution, as public nuisances and abate all illegal on-premises
advertising displays located within its jurisdiction. The resolution
shall describe the property upon which or in front of which the
nuisance exists by giving its lot and block number according to the
county or city assessment map and its street address if known. Any
number of parcels of private property may be included in one
resolution.
(b) Prior to adoption of the resolution by the legislative body,
the clerk of the legislative body shall send not less than a 10 days'
written notice to all persons owning property described in the
proposed resolution. The notice shall be mailed to each person on
whom the described property is assessed on the last equalized
assessment roll available on the date the notice is prepared. The
notice shall state the date, time, and place of the hearing and
generally describe the purpose of the hearing and the nature of the
illegality of the display.
5499.3. After adoption of the resolution, the enforcement officer
shall cause notices to be conspicuously posted on or in front of the
property on or in front of which the display exists.
5499.4. The notice shall be substantially in the following form:
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
Notice is hereby given that on the ____ day of ____, 20__, the
(name of the legislative body) of (city or county) adopted a
resolution declaring that an illegal advertising display is located
upon or in front of this property which constitutes a public nuisance
and must be abated by the removal of the illegal display. Otherwise,
it will be removed, and the nuisance abated by the city (or county).
The cost of removal will be assessed upon the property from or in
front of which the display is removed and will constitute a lien upon
the property until paid. Reference is hereby made to the resolution
for further particulars. A copy of this resolution is on file in the
office of the clerk of the legislative body.
All property owners having any objection to the proposed removal
of the display are hereby notified to attend a meeting of the (name
of the legislative body) of (city or county) to be held (give date,
time, and place), when their objections will be heard and given due
consideration.
Dated this _________ day of ______, 20______
____________________________________________
(Title)
(City or County of ________________________)
5499.5. The notices shall be posted at least 10 days prior to the
time for hearing objections by the legislative body of the city or
county.
5499.6. In addition to posting notice of the resolution and notice
of the meeting when objections will be heard, the legislative body of
the city or county shall direct its clerk to mail written notice of
the proposed abatement to all persons owning property described in
the resolution. The clerk shall cause the written notice to be mailed
to each person on whom the described property is assessed in the
last equalized assessment roll available on the date the resolution
was adopted by the legislative body.
In cities where the county assessor performs the functions of the
city assessor, the county assessor, at the request of the city clerk,
shall, within 10 days thereafter, mail to the city clerk a list of
the names and addresses of all of the persons owning property
described in the resolution. The address of the owners shown on the
assessment roll is conclusively deemed to be the proper address for
the purpose of mailing the notice. The city shall reimburse the
county for the actual cost of furnishing the list, and the cost shall
be a part of the costs of abatement.
The notices mailed by the clerk shall be mailed at least 10 days
prior to the time for hearing objections by the legislative body.
The notices mailed by the clerk shall be substantially in the form
provided by Section 5499.4.
5499.7. At the time stated in the notices, the legislative body of
the city or county shall hear and consider all objections to the
proposed removal of the on-premises advertising display. It may
continue the hearing from time to time. By motion or resolution at
the conclusion of the hearing, the legislative body shall allow or
overrule any objections. At that time, the legislative body acquires
jurisdiction to proceed and perform the work of removal.
The decision of the legislative body is final. If objections have
not been made or after the legislative body has disposed of those
made, it shall order the enforcement officer to abate the nuisance by
having the display removed. The order shall be made by motion or
resolution.
5499.8. The enforcement officer may enter private property to abate
the nuisance.
5499.9. Before the enforcement officer arrives, any property owner
may remove the illegal on-premises advertising display at the owner's
own expense.
Nevertheless, in any case in which an order to abate is issued,
the legislative body of the city or county, by motion or resolution,
may further order that a special assessment and lien shall be limited
to the costs incurred by the city or county, as the case may be, in
enforcing abatement upon the property, including investigation,
boundary determination, measurement, clerical, and other related
costs.
5499.10. (a) The enforcement officer shall keep an account of the
cost of abatement of an illegal on-premises advertising display in
front of or on each separate parcel of property where the work is
done by him or her. He or she shall submit to the legislative body of
the city or county for confirmation an itemized written report
showing that cost.
(b) A copy of the report shall be posted for at least three days,
prior to its submission to the legislative body, on or near the
chamber door of the legislative body, with notice of the time of
submission.
(c) At the time fixed for receiving and considering the report,
the legislative body shall hear it with any objections of the
property owners liable to be assessed for the abatement. It may
modify the report if it is deemed necessary. The legislative body
shall then confirm the report by motion or resolution.
5499.11. Abatement of the nuisance may, in the discretion of the
legislative body of the city or county, be performed by contract
awarded by the legislative body on the basis of competitive bids let
to the lowest responsible bidder. In that event, the contractor shall
keep the account and submit the itemized written report for each
separate parcel of property required by Section 5499.10.
5499.12. (a) The cost of abatement in front of or upon each parcel
of property, and the cost incurred by the city or county, as the case
may be, in enforcing abatement upon the parcels, including
investigation, boundary determination, measurement, clerical, and
other related costs, are a special assessment against that parcel.
After the assessment is made and confirmed, a lien attaches on the
parcel upon recordation of the order confirming the assessment in the
office of the county recorder of the county in which the property is
situated. However, if any real property to which the lien would
attach has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer for value has been
created and attaches thereon, prior to the date on which the first
installment of the assessment would become delinquent, the lien which
would otherwise be imposed by this section shall not attach to the
real property and the costs of abatement and the costs of enforcing
abatement, as confirmed, relating to the property shall be
transferred to the unsecured roll for collection.
(b) After confirmation of the report, a copy shall be given to the
city or county assessor and the tax collector, who shall add the
amount of the assessment to the next regular tax bill levied against
the parcel for municipal purposes.
(c) If the county assessor and the tax collector assess property
and collect taxes for the city, the city shall file a certified copy
of the report with the county auditor on or before August 10. The
description of the parcels reported shall be those used for the same
parcels on the county assessor's map books for the current year.
(d) The county auditor shall enter each assessment on the county
tax roll opposite the parcel of land.
(e) The amount of the assessment shall be collected at the time
and in the manner of ordinary municipal taxes. If delinquent, the
amount is subject to the same penalties and procedures of foreclosure
and sale provided for ordinary municipal taxes.
The legislative body may determine that, in lieu of collecting the
entire assessment at the time and in the manner of ordinary
municipal taxes, assessments of fifty dollars ($50) or more may be
made in annual installments, not to exceed five, and collected one
installment at a time at the time and in the manner of ordinary
municipal taxes in successive years. If any installment is
delinquent, the amount thereof is subject to the same penalties and
procedure for foreclosure and sale provided for ordinary municipal
taxes. The payment of assessments so deferred shall bear interest on
the unpaid balance at a rate to be determined by the legislative
body, but not to exceed 6 percent per annum.
(f) As an alternative method, the county tax collector, at his or
her discretion, may collect the assessments without reference to the
general taxes by issuing separate bills and receipts for the
assessments.
(g) Laws relating to the levy, collection, and enforcement of
county taxes apply to these special assessments.
(h) The lien of the assessment has the priority of the taxes with
which it is collected.
5499.13. The enforcement officer may receive the amount due on the
abatement cost and issue receipts at any time after the confirmation
of the report and until 10 days before a copy is given to the
assessor and tax collector or, where a certified copy is filed with
the county auditor, until August 1 following the confirmation of the
report.
5499.14. The legislative body of the city or county may order a
refund of all or part of an assessment pursuant to this chapter if it
finds that all or part of the assessment has been erroneously
levied. An assessment, or part thereof, shall not be refunded unless
a claim is filed with the clerk of the legislative body on or before
November 1 after the assessment became due and payable. The claim
shall be verified by the person who paid the assessment or by the
person's guardian, conservator, executor, or administrator.
5499.15. If the legislative body finds that property damage was
caused by the negligence of a city or county officer or employee in
connection with the abatement of a nuisance pursuant to this chapter,
a claim for those damages may be paid from the city or county
general fund.
5499.16. The proceedings provided by this chapter are an
alternative to any procedure established by ordinance pursuant to any
other provision of law.