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HomeMy WebLinkAbout06306 9 Rev. 4/1/98 ORDINANCE NO. 6306 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE IV OF THE 1971 CODE OF ORDINANCES RELATING TO BUILDING REGULATIONS APPLICABLE TO SIGNS AND BILLBOARDS AND ADOPTING THE 1997 UNIFORM SIGN CODE PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 5360 WORKMAN MILL ROAD, WHITTIER, CALIFORNIA, 90601 -2298, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1 Section 4 -9 -1 of Chapter 9, Title IV of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 4 -9 -1: UNIFORM SIGN CODE -- ADOPTION BY REFERENCE The Uniform Sign Code, [1979] 1997 Edition, promulgated and published by the International Conference of Building Officials, 5360 [South] Workman Mill Road, Whittier, California, 90601 -2298 herein referred to as Uniform Sign Code or U.S.C. as amended by this Chapter, is hereby adopted and enacted by reference and made a part hereof as if set out herein in full. Copies of the U.S.C. are available in the office of the Pueblo Regional Building Department for distribution and sale to the public. SECTION 2 Section 4 -9 -2 of Chapter 9, Title IV of the 1971 Code of Ordinances, as amended, is hereby amended to read as follows: 4 -9 -2: AMENDMENTS TO UNIFORM SIGN CODE. [(1)] (a) Section [103(c)] 103 - Enforcement of the U.S.C. is [hereby] amended amendiniz subsections 103.1. 103.3 and 103.4 thereof and by adding a subsection 103.5 thereto to read as follows: [(c), Board of Appeals. In order to provide for reasonable interpretation of the provisions of this code such matters shall be referred to the Board of Examiners and Appeals provided in Chapter 1, Title IV.] 103.1 Authority. [The building official is hereby authorized and directed to enforce the provisions of this code. For these purposes the building official shall have the powers of a law enforcement officer.] Administration of this code is hereby delegated to the Pueblo Regional Building Department. Wherever in this code the phrase "building official" appears, it shall be construed to refer to the Director of the Pueblo Regional Building Department or his designated representative. The building official, his designated representative, and such inspectors as the building official may appoint, shall be vested with the authority of a police officer with respect to the enforcement of this code and Chapter 9 of Title IV of the 1971 Code of Ordinances, including the authority to issue summons and complaint for the violation thereof. Every person, firm, or corporation engaged in the business, of erecting or hanging signs which are regulated by the Uniform Sign Code in the City shall be licensed and subject to all provisions of this code relating to Special Contractors. (Subsection 103.2 is unchanged) 103.3 Board of Appeals. In order to provide for reasonable interpretation of the provisions of this code, there is hereby established [a board of appeals as provided in the Building Code.] a Sign Board of Appeals to perform the functions set forth in Chapter 1 of Title IV of the 1971 Code of Ordinances, as amended. Until and unless City Council appoints members to the Sign Board of Appeals, the Building Board of Review established by the August 10, 1981 amended agreement between the City of Pueblo, Colorado and the Board of County Commissioners of the County of Pueblo, Colorado shall serve as and constitute the Sign Board of Appeals. 103.4 Violations. It shall be unlawful and a municipal offense for a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain a sign or sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of the provisions of this code. Any person, firm, corporation or other entity violating any of the provisions of this code upon conviction thereof, shall be punished as provided -2- in Section 4 -9 -4 of the 1971 Code of Ordinances of the City of Pueblo. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions. 103.5 Additional Provisions. Wherever in this code the term "governing body" is used it shall mean the City Council of Pueblo. Whenever the phrase "this jurisdiction" is used it shall mean the area within the corporate limits of the City of Pueblo and areas beyond the corporate limits which are owned by or under the control or possession of the City. [(2)] (h) Section [103(d)] 302 - Application For Permit of the U.S.C. is [hereby] amended to read as follows: [Any person found guilty of violating any of the provisions of this code shall be punished as provided in Section 1 -2 -1 of the Municipal Code.] SECTION 302 - APPLICATION FOR PERMIT Application for a sign permit shall be made in writing on forms furnished by the building official. The application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The application shall be reviewed by the zoning administrator for the City of Pueblo prior to submission of the application to the building official and the zoning administrator shall mark thereon whether the proposed sin would be permitted under applicable zoning requirements. The building official may require the filing of plans or other pertinent information when such information is necessary to ensure compliance with this code. Standard plans may be filed with the building official. In no event shall the building official issue a permit if the proposed sign would violate applicable zoning laws or requirements [(3)] U Section 304 of the U.S.C. is [hereby] amended to read as follows: [ Fees Sec. 304. A sign permit fee shall be paid to the building official as established by resolution of the City Council.] SECTION 304 - FEES A sign permit fee and any applicable plans examination fee shall be paid in accordance with the fee schedule established by resolution adopted by the [governing body] City Council -3- [(4)] Ud Section [1403] 403 - PROJECTION AND CLEARANCE is [hereby added and shall] amended by amending subsection 403.5 and deleting subsection 403.6 thereof. to read as follows: [(a) No sign, placard, banner, card or bench containing any announcement or advertising shall be placed or attached to or upon any public building or structure, or public way, or upon any utility pole, structure, or wire, except as hereby provided in this Section. (b) Permission may be granted by the building official for the hanging of display banners or other cloth decorations on public buildings or structures, or across or along public ways, for special occasions including religious, charitable, civic, and festive occurrences; for conventions; for Christmas decoration; in celebration of some event of religious, national, state or civic significance; or in honor or a visit from a person or persons of note. No advertising of a commercial nature shall appear in any such decorations. (c) Upon the granting of a revocable permit by the City Council permission shall be granted by the building official for the placing of courtesy benches for the convenience of local bus patrons and members of the general public, which benches may contain advertising matter, same to be installed and maintained upon public ways, thoroughfares and sidewalks of the City. (d) Before permission is granted by the building official to hang display banners or cloth decorations or courtesy benches on public buildings or structures, or across, on or along public ways or thoroughfares an application in writing shall be filed with the building official setting forth the size of the banner or decoration or bench, the period for which the permit is requested, the location at which it will be erected or placed, the name of the person who will erect it or place it, and the name of the applicant. Accompanying the application shall be a certificate of insurance coverage for comprehensive general liability insurance including completed operations in amounts not less than three hundred thousand dollars ($300,000) for each occurrence and aggregate for bodily injury and fifty thousand dollars ($50,000) for each occurrence and aggregate for property damage, holding the City harmless from liability incurred as the result of erection and maintenance of decorations or banners or courtesy benches by the applicant. Such certificate shall name the City as co- insured with applicant. (e) Each permit issued hereunder shall be subject to the express condition that the owner of the sign or courtesy bench for which the permit is issued, for himself, his heirs, legal representatives, successors and assigns, agrees to indemnify and save harmless the City from all damages, expenses or liability which may be incurred as result of the erection or maintenance of such sign or bench. IE! (e) Section 803 - PROJECTION AND CLEARANCE of the U.S.C. is amended by amending subsection 803.1 to read as follows: 803.1 - Projection Roof signs may project over public property only if authorized by revocable permit issued pursuant to Section 16 -9 of the Charter or Section 9 -10 -88 of the 1971 Code of Ordinances [or] Roof signs may12roject beyond a legal setback line if complying with the requirements specified in Section 403 and Section 17 -4 -31 of the 1971 Code of Ordinances SECTION 3 Chapter 9 of Title IV of the 1971 Code of Ordinances, as amended, is hereby amended by the addition of new sections 4 -9 -3 and 4 -9 -4 thereto, to read as follows: 4 -9 -3: RESPONSIBILITY FOR DAMAGES: LIABILITY OF CITY Except as stated in this section the provisions of this Chapter and the U.S.C. shall neither release or discharge nor be construed to release or discharge any person from any liability imposed by law for any injury to persons or damage to property caused by or resulting from the performance or failure to perform work or furnishing materials covered by this Chapter. Neither the City, the Pueblo Regional Building Department, nor any agent or employee thereof shall be held liable for any injury to persons or damage to property by reason of an inspection or failure to perform any inspection authorized or required by this Chapter or the U.S.C. or arising; from any other action or failure to act under this Chapter or the U.S.C. 4 -9 -4 OFFENSES, PENALTIES• PERMIT REVOCATIONS OTHER ENFORCEMENT (a) It shall be unlawful and a Class I Municipal Offense for any person to knowingly violate disobey, neglect refuse or fail to comply with or resist the enforcement of any provision of this Chapter or of the Uniform Sign Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than Three Hundred Dollars ($300) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (h1 It shall be unlawful and a Class 1 Municipal Offense for any person to refuse or fail to timely comply with any order issued by the building official, the Director of the Pueblo Regional Building_ Department or other designated building inspector pursuant to the provisions of this Chapter or the Uniform Sign Code and upon conviction thereof, the punishment therefor shall be a fine of not more than Three Hundred Dollars ($300) or In imprisonment for not more than ninety (90) days, or both such fine and imprisonment. U It shall be unlawful and a Class 1 Municipal Offense for any person to knowingly make any false statement, representation or certification in any application. record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Chapter or the Uniform Sign Code, and upon conviction thereof, the punishment therefor shall be a fine of not more than three hundred dollars ($300 ) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. (d) Any permit issued pursuant to the provisions of this Chapter or the Uniform Sign Code may be suspended, terminated or revoked by the building official for (1) any of the reasons stated in subsection 106.4.5 of the Uniform Building Code or (2) any material violation of the terms of said permit or requirements applicable thereto. (ej In the event any owner or occupant of premises within the City shall refuse entry to the building official or any building inspector, or if any premises are locked and the building official or any building inspector has been unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue a search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. (f In the event any owner or occupant of premises within the City, or any licensed contractor, or any permittee, shall fail or refuse to comply with any provision of this Chapter, the U.S.C. or any license or permit issued thereunder, the City _may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Chapter, U.S.C.,license or permit. W The enforcement remedies set forth in this Section are hereby expressly declared to be cumulative, and the exercise of any one or more of them is not dependant upon the exercise of any other remedy, nor does the exercise of any one of more of them constitute any bar or limitation to the exercise of any other. SECTION 4 A public hearing to consider the adoption of the Uniform Sign Code, 1997 Edition, with modifications, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:30 p.m. on April 27, 1998. The City Clerk is directed to publish notice of such hearing pursuant to Section 31 -16 -203 of the Colorado Revised Statutes. -7- SECTION 5 The adoption of this Ordinance and of the Uniform Sign Code shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this Ordinance or said code. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or said code. Nothing in this Ordinance or in said code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, C.R.S. 24 -10 -101 et seq., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents. SECTION 6 If any part, section, subsection, sentence, clause or phrase of this Ordinance or the adopted Uniform Sign Code is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or of the Uniform Sign Code. SECTION 7 The Council finds and declares that a certified true copy of the Uniform Sign Code, 1997 Edition, has been on file in the office of the City Clerk of the City of Pueblo for not less than 15 days preceding the public hearing referred to in Section 4 of this Ordinance, and shall remain in said office for public inspection. After adoption of this Ordinance, a copy of the Uniform Sign Code in shall be kept in the office of the Building Official at the Pueblo Regional Building Department, 316 W. 15th Street, Pueblo Colorado. Copies of the Uniform Sign Code shall be available through the Regional Building Department for purchase by the public at a moderate price. SECTION 8 This Ordinance shall become effective 30 days after final passage and approval. INTRODUCED: March 23, 1998 ATTEST: •_ City Clerk B Al Gurule Councilperson APPROVED: President of 6e Cjey Council 0