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02/22/2000 Minutes
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02/22/2000 Minutes
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N Olmsted Boards & Commissions
Year
2000
Board Name
Planning Commission
Document Name
Minutes
Date
2/22/2000
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p , . <br />under $1000.00 dollars. That will mean any vandalism or damage to a sign will necessitate taking <br />down a pole sign or any other sign that is up. The change in use and ownership that was <br />discussed needs some work also. There are a number of situations that can transpire, such as a <br />landlord that owns a building, he sells the building but the tenants don't change, does that mean <br />all the signs for the businesses have to be changed. If he wanted to sell a business to someone but <br />the business would not change just a new owner does that mean all the signs have to change <br />because a new business owner is present. There are a number of issues that need to be addressed. <br />Mr. Asseff questioned if $1,000.00 would be to low what would Mr. Graham suggest. Mr. <br />Graham indicated that he would hesitate to go on record suggesting a price because he had not <br />consulted anyone on that matter. He would think 50% of the valuation of the sign or some <br />number in that area that would substantially change the sign itself. NIr. Asseff indicated that the <br />ordinance state it should be brought into compliance so if a ground sign is vandalized it does not <br />have to be taken down as it is already in compliance. Mr. Graham indicated that if a face of a <br />pole sign was damaged then the pole sign has to come down. Mr. Asseff commented that Mr. <br />Graham indicated that it exceeded beyond pole signs. If a fascia sign is damaged, which exceeds <br />the square footage or coloring or any of the other sections of the ordinance it has to be brought <br />into compliance. There could be two ground signs for example and the new ordinance calls for <br />only one ground sign per establishment. If it is within the 35-foot triangle and the ground sign is <br />vandalized the owner would have to move the whole sign. NIr. Tallon commented that Mr. <br />Graham suggested that $1,000.00 limit was ludicrous and then when asked what would be <br />reasonable, Mr. Graham commented that he would have no idea because he had not consulted <br />with anyone. If that is the case how can Mr. Graham imply a$1,000.00 is ludicrous. Mr. <br />Graham suggested that you could not bring a sign company out to do work for a$1,000.00 or <br />less. They have had work done on their signs and they know the $1,000.00 is too low, what is the <br />fair number he does not know. Mr. Hreha suggested that it would be better to work with <br />percentages as 10 years from now that dollar figure would not be feasible. Mr. Dubelko indicated <br />that the ordinance provided alternatively for a$1,000.00 or 25%, so there is a percentage figure <br />in the ordinance. Mr. Asseff suggested that then it would be if the work exceeded, either one. <br />Mr. Dubelko clarified that it would be if it exceeds the lesser of the two. Mr. Hreha suggested <br />that in 10 years a$1,000.00 dollars could be exceeded by almost any change. Mr. Asseff <br />indicated that the ordinance states the signs present value and questioned if that was synonymous <br />with book value or what ever ledger sheet it happens to be on as a deprecated asset. Mr. Graham <br />indicated that he was referring to replacement costs. Mr. Asseff questioned Mr. Dubelko if that <br />was the intent of the Law Department. Mr. Dubelko indicated that the obvious intention in the <br />language used is present value, but there is an issue there as to whether or not replacement value <br />might be a better choice. Mr. Graham addressed 1163.11 "Removal of signs" it refers to the <br />Building Commissioner being authorized to order the removal, repair or maintenance of any sign <br />which constitutes a nuisance, or which is violative of any provisions in sections 1163.13. That <br />gets into the semantics of what are nuisances and who determines what a nuisance is, that is <br />vague. Mr. Dubelko indicated that under the old sign section the Building Department could go <br />on privet property and remove a sign they thought to be a nuisance. In the new sign code the <br />Building Commissioner would have to go to court and convince a judge that that particular sign <br />was a nuisance. The term nuisance is a legal term of art, and a judge would look for something <br />that poses a series that is a threat to safety or health before he/she would declare a sign a <br />nuisance. Mr. Crraham suggested that 1163.14 "Outdated Signs Prohibited" talk about signs <br />8
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