Will City Hall Apply Code Enforcement To Deal With Political Campaign Signs Left On Private Property After Elections?
(Sept. 14, 2014) -- They're still visible across parts of L.A. County's second largest city: political signs indicating they were paid for by "Friends of Long Beach," the independent expenditure political committee (separate from Robert Garcia's own Mayoral campaign committee) to which exiting Mayor Bob Foster has acknowledged steering contributors to help elect Garcia as Mayor.
The signs materialized on multiple commercial private properties, stuck-on with heavy packing tape, mainly high-up on light poles where they're hard to miss and hard to easily remove. It's unclear to a third party viewer if the signs were placed with or without the property owners' consent...but they've been allowed to remain up by the property owner during the election cycle...and beyond.
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2200 block Bellflower Blvd.
If City Hall had tried to remove the signs from private property during the election cycle, it would raise first amendment issues (governmental action toward someone's political speech.) But the election is long over. The now-deteriorating signs remain.
2200 block Bellflower Blvd. (reverse angle of preceding photo)
When LBREPORT.com inquired about City Hall's position regarding political signs on private property after an election, Jacqueline Medina, a spokesperson for LB Development Services, cited us to Long Beach Municipal Code section 21.44.500 governing "permit exempt signs." Table 44-4 of that ordinance includes section 17 on "noncommercial promotional activity signs" which provides in pertinent part:
...Signs shall be removed from a premise no later than 5 days following the conclusion of the activity or event promoted by such sign
Section 21.10.090A of the LB Municipal Code provides:
Any violation of the Zoning Regulations is a public nuisance, punishable as a misdemeanor, and each day of continuing violation shall be deemed a separate offense. The City may undertake enforcement action after discovery of the violation regardless of when the violation actually occurred.
Section 21.10.080B of the LB Municipal Code states:
Upon discovery of a [zoning code] violation, the Department of Planning and Building shall issue a notice of violation to the owner of the subject property. The owner shall correct the violation, or take reasonable action to begin correction, and shall diligently pursue completion of the correction within ten (10) days after receiving notification of the violation. The Department of Planning and Building shall notify the City Prosecutor of any failure to correct the violation and shall request the City Prosecutor to take appropriate legal action. A repetitive or episodic violation of the same regulation shall be deemed a failure to correct and the Department of Planning and Building shall notify the City Prosecutor of the failure to correct.
We presume compliant commercial property owners would respond to such a notice by removing the sign(s), but if not, Section 21.10.080D of the LB Municipal Code provides:
All cost incurred by the City in connection with such abatement of any violation of this Title, once notified, shall become an indebtedness of the owner(s) of said structure or premises, as well as a lien upon the affected property. Any person aggrieved by the imposition of costs pursuant to this Subsection may appeal such imposition within fifteen (15) days of the date of a notice to pay in accordance with procedures as set forth in Section 8.56.120 of this Code.
And if that isn't sufficient, Section 21.10.090A of the Long Beach Municipal Code provides:
Any violation of the Zoning Regulations is a public nuisance, punishable as a misdemeanor, and each day of continuing violation shall be deemed a separate offense. The City may undertake enforcement action after discovery of the violation regardless of when the violation actually occurred.
Consistent with these Municipal Code sections, the City of LB's Code Enforcement Division webpage tells the public:
The City of Long Beach is committed to maintaining and improving the quality of life in our neighborhoods, our commercial corridors and our industrial areas. The Code Enforcement Division responds to complaints of violations of the Long Beach Municipal Code...When violations are identified, the responsible parties are contacted and requested to abate the conditions. Failure to correct violations could result in a citation or a referral to the City Prosecutor's office.
To report a code enforcement violation, the City's website invites calls to (562) 570-CODE. If you do so, we suggest doing the following:
Before calling the City, take a photo of sign as visible from the sidewalk or from a public area. Don't go onto private property and DON'T try to take a picture while driving.
Call City Hall's code enforcement division at 570-CODE and politely report the sign's location. You DON'T have to provide your name (it's your choice) and you don't have to provide a photo...but DO provide the basic information (the sign's location and when you saw it.) Don't add any political comments; just state the facts. If you speak with a human being, get the person's name (first name is fine) and note the date and time. If you leave a voice mail message, also note the date and time.
DON'T call or email your Council member's office on this. You don't have to involve them.
After you've reported the matter at 570-CODE, kindly email LBREPORT.com your photo of the sign (let us know the location and when you took it) and let us know when you reported it to the city. You can email us directly at mail@LBReport.com. Then, let us know what happens over the coming days and weeks...so we can tell everyone.
