LTC 157-2007 4760 Alton Road - banner violation
OFFICE OF THE CITY MANAGER
NO.LTC# 157-2007 LETTER.T000i'v1MlSSION
To: Mayor DavidDermerandMembersoftheCityCommission
FROM: Jorge M. Gonzalez, City Manager ~ .`., ,
oATE: July 6, 2007 ~}
SUBJECT: 4760 Alton Road -banner violation
This Letter to Commission is intended to provide you with an update on code compliance
issues relating to an electionbanner placed at the above-referenced address that has been
the subject of local news coverage and emaiis from constituents.
In the morning of June 27, 2007, the Gity was notified by a constituent (neighbor) that a
banner had been placed on this property. A Code Compliance Officer was immediately
dispatched tothe location, at whtch time the Code Off cereonfirmed that a large banner had
been attached from a tree in the private front yard, to a tree in the public right of way: In
addition, more than ahalf-dozen American flags were also placed. on the property. Please
see Attachment A (photo) reflecting the banner. as it appeared on;June 27 . Two code
violaflons were issued bn that date, withthe customary period of compliance provided (24
hours). The homeowner was unable to meet the compl'lance period the fallowing dayin the
rooming (Thursday). Because the bannerwas attached to a treein the publcdfway, public
works staff was dispatched to the site toremove the banner from thetree in theswaie. Code
compliance staff routinely removes signs fromthe public right of way, but could not reach the
banner because of the manner it was attached to the tree. In addition; the banner could not
be removed by the public works staff because the bannerwas partially attached to a branch
that protruded into the private property. However, the homeowner had the banner moved
from the tree in the public right away Thursday evening; the banner was moved completely
onto private property (please see Attachment B).
On Friday morning (June 29, 2007), Code Compliance officers issued violations to the
homeowner for violations of the E~ction Sign code provisions.. The homeowner was once
again provided 24 hours to remove the sign. The sign was not removed on Saturday, June
3t?, 2007. As is customary with non-compliance cases, the case was submitted forSpecial
Master hearing; the hearing to hear all five violations was scheduled for July 12, 2007,
This morning, the homeowner officially filed papers to run for elected office. At that time, he
was advised of the Election Sign code provisions. The homeowner agreed to remove the
sign, and did so today (please see Attachment C} All but one flag were also removed. As
such, and as customary in our compliance cases, the violations relating to thebanner have
been Dosed. Should any similar violation occur in the future, we would proceed to issue the
appropriate violations, allow the period for compliance and proceed with a Special Master
hearing. should compliance not occur.
In addition to these violations, there are. various open code compliance cases for this
address. These cases have followed the standard process for code compliance cases, with
the appropriate due process afforded to the homeowner. The cases, originailyopened in
Paget of 2
4760 Afton Road
February and March of this year, have remained open following reports to the Special
Master, and extensions provided by the Special Master for compliance. Our Code
Compliance staff has conferred with our Building Department and Planning Department staff
relating to the status of these violations. Three cases were scheduled for status updates to
the Special Master on August 9"' and 10`". All but one case wilt be closed for compliance.
Another pending case will also be closed for compliance.. We have explained to numerous
neighbors that have contacted the City regarding these other code compliancecasesthot
the timeframe involved in the processing of the cases is a product of the due process that is
available to the homeowner, and the decision of the Speciat Master with relation tv the
status of the cases.
Please feel free to call me should you have any questiohs or require additional information
on this matter.
Attachments
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