NUMB:
970497
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. FRANK, MURPHY AND RICHARDS
TITL:
A substitute ordinance relating to maintenance and removal of signs and billboards.
SECS:
200-19-2 am
244-3-1 am
244-3-3-b rc
244-3-4 am
244-3-6 cr
244-3-7 cr
244-9-2-c rc
275-35-5-1 am
275-35-5-b am
275-35-5-d rc
ANLS:
- Analysis -
This ordinance:
1. Requires that all signs and billboards, including those exempt from permit regulations and other regulations, be free of graffiti-type markings or drawings.
2. Gives the commissioner of building inspection the option of causing the removal of abandoned or illegally installed signs or billboards in whole or in part. The cost of removing such signs or billboards may be charged against the real estate upon which the signs or billboards are located and may be assessed and collected as a special tax.
3. Clarifies current language with respect to the time period given to an owner or owner of premises where a poorly maintained, abandoned or illegally installed sign is located to comply with an order to repair or remove such sign.
4. Requires that no portion of any sign or billboard painted directly upon the surface of a wall be located more than 10 feet above the established grade immediately below.
5. Requires that no painted on wall sign exceed 50 square feet. No more than one wall sign per building elevation shall be allowed.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-19-2 of the code is amended to read:
200-19. Penalties.
2. In addition to other applicable enforcement procedures and pursuant to the authority of s. 66.119, Wis. Stats., the department may issue citations pursuant to the citation procedure set forth in s. 50-25 to any person violating any provision of ss. 200-11-3, 200-11-4, 200-11-5-c, 200-11-5-d, 200-11-6-d, 200-24, 200-42, ch. 207, ch. 214, ss. 222-19-1, 225-3-4 or 225-3-5-a, ch. 236, >>s. 244-3<<, s. 252-1, ch. 262, ch. 275, ch. 290 or ch. 295.
Part 2. Section 244-3-1 of the code is amended to read:
244-3. Maintenance and Removal.
1. MAINTENANCE STANDARDS. All signs and billboards, including those exempt from permit requirements and other regulations by s. 244-01-2, shall be maintained in good structural conditions at all times. Maintenance of signs and billboards shall include, but not be limited to, the replacement of defective parts, >>removal of graffiti-type markings or drawings<< painting or repainting as necessary, and periodic cleaning.
Part 3. Section 244-3-3-b of the code is repealed and recreated to read:
3. ENFORCEMENT.
b. The commissioner may in whole or in part cause the removal of signs or billboards which have been classified as abandoned or which are not repaired in a timely manner or are poorly maintained or have been installed without necessary permits. The process of removing poorly maintained, abandoned or illegally installed signs or billboards shall be initiated through the issuance of a sign or billboard removal order. All orders shall be served in accordance with s. 200-12 to the property owner, sign or billboard owner, or to both as is appropriate. The order shall state that the sign or billboard referenced therein shall be removed within a period of time not exceeding 60 days as determined by the commissioner. Failure to comply with the order shall be regarded as a violation of this chapter.
Part 4. Section 244-3-4 of the code is amended to read:
4. APPEALS. Any person receiving a sign or billboard removal order may appeal the order to the [[board of]] standards and appeals >>commission<<.
Part 5. Section 244-3-6 and 7 of the code is created to read:
6. FAILURE TO COMPLY. If a property owner or sign or billboard owner fails to comply with an order issued by the commissioner within the time prescribed, the commissioner may cause the removal of a sign or billboard as provided in sub. 3, and the cost of such removal may be charged against the real estate upon which the sign or billboard is located and may be assessed and collected as a special tax.
7. PENALTY. Any person who violates this section shall be subject to a forfeiture provided in s. 200-19.
Part 6. Section 244-9-2-c of the code is repealed and recreated to read:
244-9. Wall Signs or Wall Billboards.
2. HEIGHT.
c. No painted on wall sign shall exceed 50 square feet. No more than one painted on wall sign per building elevation shall be allowed. However, a painted on sign exceeding 50 square feet may be permitted by the commissioner upon presentation of a maintenance plan acceptable to the commissioner.
Part 7. Section 244-9-2-d of the code is created to read:
d. No portion of any sign or billboard painted directly upon the surface of a wall shall be located more than 10 feet above the established grade immediately below.
Part 8. Section 275-35-5-1 of the code is amended to read:
275-35. Graffiti Abatement.
1. DEFINITION. In this section, "graffiti" means any inscription, word, figure or design marked, scratched, etched, drawn or painted with spray paint, liquid paint, ink, chalk, dye or other similar substances on buildings, fences, structures >>, equipment<< and similar places without the express permission of the owner or operator of the property.
Part 9. Section 275-35-5-b of the code is amended to read:
5. REFERRAL TO DEPARTMENT OF BUILDING INSPECTION.
b. The commissioner of the department of building inspection may issue an order to the property owner or operator of the property to abate the graffiti observed by the commissioner at the time of inspection within a reasonable time after notification as described in par. a. [[Such time may not be less than 10 days nor more than 60 days of the date of the order to abate.]]
Part 10. Section 275-35-5-d of the code is repealed. (Note: The provisions being repealed read as follows:
d. No order may be issued by the commissioner of building inspection within 4 months of the issuance of the prior order to remove graffiti provided that the property owner or operator has made a good faith effort as described in par. c to remove graffiti placed on the property within that 4-month period.)
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97133.9
TWM:bsw
11/18/97