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AN ORDINANCE
OF THE COUNCIL OF THE CITY OF BURBANK City Attorney's Synopsis This ordinance amends Chapter 20 of the Burbank Municipal Code to allow, pursuant to a permit and under certain conditions, the limited posting of temporary signs in the public right-of-way for the sole purpose of communicating about "open houses" for the sale, lease or rental of residential real estate located in the City of Burbank. THE COUNCIL OF THE CITY OF BURBANK FINDS: A. The City of Burbank ("City") has a substantial interest in protecting the aesthetic appearance of the community by avoiding visual clutter and in assuring safe and convenient traffic and pedestrian circulation on City streets. B. The City prohibits signs on public property in order to protect aesthetics and promote an orderly appearance and to prevent potential traffic hazards, safety hazards and nuisances. C. It is crucial to maintain residential property values. In order to attract large numbers of possible buyers so that the highest sale or rental price can be achieved, it is necessary to provide local residential real estate sellers, landlords and their agents with all tools available to other sellers and landlords of residential real property in nearby cities. Higher sales prices result in reassessments with higher property taxes. The present real estate market shows the importance of utilizing every avenue of communication because homes are selling and renting quickly. Many homes sell shortly after going on the market, and oftentimes multiple bidders exist. In a matter of hours, property may be sold resulting in a reassessment (since Proposition 13) and more real estate taxes to the City. No other business provides such results though taxes to the City in an equally short period of time. Residential sales can occur after buyers happen upon an "open house" sign while driving through town. Local realtors have indicated that directional signs to an "open house" are a traditional and expected integral part of the real estate business. D. There is a compelling interest in allowing sellers and lessors of residential real property to post signs on a very limited basis to communicate about an "open house". E. The strict limitations placed on the posting of this type of sign in this Ordinance will ensure that (i) the City's interests in the aesthetic appearance of the community and convenient traffic and pedestrian circulation are protected; (ii) nuisances and safety hazards are avoided; (iii) the City's risk is limited through an indemnification and insurance, and; (iv) the City's costs associated to administer and enforce the program will be paid for by a permit fee. F. The placement of temporary "Open House" signs on the right-of-way is a minor temporary use of land having negligible or no permanent effects on the environment, and as such, is categorically exempt from the California Environmental Quality Act pursuant to Section 15304 of the Guidelines. THE COUNCIL OF THE CITY OF BURBANK ORDAINS: 1. Section 20-207.5 of the Burbank Municipal Code is amended to read as follows: Sec. 20-207.5. Removal of Signs. Any sign installed, placed or deposited in violation of Section 20-207, Section 20-402, Section 20-402.2, may be summarily removed by City and placed in storage; provided, however, that any sign determined to have a replacement value of less than Fifty Dollars ($50.00) may be immediately disposed of by City personnel. Upon removal, the owner, if ascertainable, of any sign determined to have a replacement value of Fifty Dollars ($50.00) or more, shall be promptly notified verbally or in writing. Upon failure of the owner to claim such sign and pay the expenses of removal and storage within thirty (30) days after removal, the sign may be disposed of without any further notice to such owner. 2. Section 20-402 of the Burbank Municipal Code is amended to read as follows: Sec. 20-402. Placing of Signs on Public Streets. No person shall paste, paint, print, nail, tack, tie or otherwise fasten any card, banner, handbill, sign, poster, advertisement or notice of any kind upon any curb, lamppost, pole, hydrant, bridge, wall or tree in, on or over any public street, unless engaged as a public official or employee in the performance of a public duty, or required to do so by law; provided, however, that this section shall not apply to signs and/or street decorations authorized in accordance with the provisions of (a) Chapter 13, Article 2, or (b) Chapter 26, Article 6; (c) Section 20-402.1 of the Code; or (d) Section 20-402.2 of the Code. 3. Section 20-402.2 of the Burbank Municipal Code is added to read as follows: Sec. 20-402.2 Temporary Residential Real Estate "Open House" Signs On Public Streets. (a) Temporary Residential Real Estate Open House Signs may be placed on public right-of-way by permit and only in accordance with the restrictions on signs set forth in this section. For the purposes of this section, "Residential Real Estate Open House Sign" means a temporary sign that solely indicates that residential property, or portion thereof, is for sale, lease, or rent and provides directions to the property and "open house" information. Additionally, all signs shall provide the information required in subsection (b) 9 below. (b) All Temporary Residential Real Estate Open House Signs are subject to the following conditions: 1. Size. The total face area of the signs shall not exceed twenty-four (24) inches by twenty-four (24) inches in size. 2. Height. The vertical distance measured from ground level to the highest point of such sign or sign structure or other support shall not exceed three (3) feet. 3. Local address. Signs shall only advertise a residence in the City of Burbank. 4. Limit. No more than four (4) signs per property for sale, lease or rent shall be posted within the public rights-of-way. 5. Type. Signs shall be mounted either on stakes placed in the ground or with an A-frame support of sufficient weight so that the sign remains upright when mounted. Signs and any supporting structures shall be maintained in good condition at all times and shall be constructed out of quality materials normally used in professional signage. No balloons or flags or similar devices may be affixed to the sign. 6. Location. No sign shall be placed, used or maintained: (1) on trees, traffic signs or utility poles, nor be placed in such a manner as to obstruct the view of any official public sign. (2) on
right-of-way if the location obstructs the safe and convenient use by the
public of any street, sidewalk, or curbside parkway area. (5)
within 18" from the face of curb.
7. Time. Signs shall only be displayed during the "open house" and only on Saturdays and Sundays (or federal or state holidays) not earlier than 8am and must be removed no later than dusk or 6pm, whichever is earlier. On Thursdays, signs may be displayed no earlier than 8am and removed no later than 2pm. 8. Permit. No person may place a sign in the public right-of-way without obtaining an "Open House" Real Estate Sign Permit from the Public Works Department within the time period specified in this section. The fee for such permit shall be set forth in the Burbank Fee Resolution, as amended from time to time. a. Permittee. The Permittee shall sign an application form as required by i the Public Works Director whereby it agrees to comply with this section. b. Indemnification. The Permittees shall indemnify and hold the City, its officers, employees, and representatives, harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Permittees, agents, employees, or other persons acting on the Permittees' behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the Permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this Permit. c. Insurance. Permittee shall provide proof of and shall maintain in force, policies of insurance, or certificates thereof, of comprehensive public liability insurance in a combined single limit amount of at least $1 ,000,000.00. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, shall name the City of Burbank as additional insured. This provision may be waived if Permittee is not a professional real estate broker or agent; receives a permit for no more than one sign per day and requests a waiver due to hardship. Lapse of valid insurance shall immediately render void any permit issued herein. d. Annual permit. A permit may be issued on an annual basis with a term from July 1 to June 30. e. Decal required. Each sign placed in the public right-of-way must have a Real Estate Open House Sign decal, which shall be displayed on each sign at all times and in accordance with rules adopted by the Public Works Director. 9. Identification required. Every person who places or maintains a Residential Real Estate Open House Sign on the streets of the City of Burbank shall have his or her name, address, and telephone number affixed to the sign in an area not to exceed 2" X 3" (business card size). 4. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and this City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion thereof has been deleted. 5. The City Clerk shall certify to the passage of this Ordinance and cause the City Attorney Synopsis of this Ordinance to be published once in a newspaper of general circulation, published and circulated in the City of Burbank, California. 6. This Ordinance shall become effective at 12:01 a.m.of the thirty-first day after publication. |
PLEASE
NOTE: This ordinance has been continued by
the Burbank City Council and is no longer "sunsetting". In
addition, the permit fee is now $12.00 per year and is no longer pro-rated.
For information on how to obtain a permit contact 