Chapter 19.22
ADMINISTRATION AND ENFORCEMENT

Sections:

19.22.010    Adjustment of standards.

19.22.020    Maintenance.

19.22.030    Removal.

19.22.040    Recovery of removed signs.

19.22.050    Violations of the sign code.

19.22.060    Administration.

19.22.070    Appeals.

19.22.010 Adjustment of standards.

Adjustments to specific provisions of this title shall be through an administrative adjustment of standards.

A. Purpose. The purpose of permitting the administrative adjustment of sign regulations in this title is to provide for flexibility that is compatible with West Richland’s character, to acknowledge the artistic creativity of sign makers, and to revitalize retail areas consistent with the city’s vision, development guidelines, and the comprehensive plan. Adjustment of these regulations and standards in the CBD provides for flexibility that is compatible with West Richland’s downtown and provides an avenue to achieve a revitalized and pedestrian-oriented business district consistent with the comprehensive plan.

B. Adjustment Applications. Adjustment applications shall be made on forms available from the community development department. An application shall consist of a completed application form; any necessary supporting documentation such as plot plans, building elevations, photographs or other information; and an application fee.

C. Review. Adjustment applications shall be reviewed by the community development/planning director per special use permit criteria. Applications are available for public review and comment.

D. Approval Criteria – City-Wide and Central Business District. This title may be adjusted administratively when the community development/planning director determines all the following criteria are met:

1. The intent of this title is better achieved with the administrative adjustment than by other alternatives allowed by this section;

2. Sufficient reason is shown for the adjustment in order to address exceptional or extraordinary circumstances or conditions applicable to the property involved, or intended use of the property that are not contemplated or provided for by this title;

3. The modification is compatible with the scale, character, and design of the building in which the use is located;

4. The modification is compatible with the scale, character, design, and lighting of the adjacent neighborhood or business district;

5. The modification is consistent with the purpose of this title and would not adversely affect the neighborhood in which the business is located; and

6. Meets the procedures and approval criteria of a special use permit.

E. Conditions. Conditions may be imposed upon the grant of any adjustment. Unless otherwise specified, the adjustment shall be subject to all plans, specifications, and conditions set forth in the application.

F. Prohibited Standards. No adjustment may be granted that would:

1. Increase the number of signs, except pedestrian-oriented signs allowed by this title or where there may be an existing sign cabinet that is not visible from a public right-of-way;

2. Allow a type of sign or device that is prohibited by WRMC 19.16.010.

G. Fees. Application fees shall be paid in accordance with the city’s adopted fee schedule and administrative adjustment of standards. [Ord. 16-00 § 1, 2000].

19.22.020 Maintenance.

All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surface of all signs shall be maintained at all times. Signs not repaired or removed by the owner shall be removed by the city and the sign owner shall be billed for the cost of their removal. [Ord. 16-00 § 1, 2000].

19.22.030 Removal.

A. Unsafe Signs. If the community development/planning director finds that any sign regulated by this title is unsafe or not properly secured, the director shall give written notice to the named owner of the sign and the named owner of the land on which the sign is erected, who shall remove or repair the sign within a specified time from the date of the notice. If the sign is not removed and/or repaired, the community development/planning director shall revoke the permit issued for such sign, as provided in this title, and shall notify the city attorney’s office for appropriate legal action. The community development/planning director may cause any sign that is determined to be a source of immediate peril to persons or property to be removed summarily without notice.

B. Expired Advertising Signs. Any sign existing on or after the effective date of the ordinance codified in this title, which no longer advertises an existing business conducted or product sold on the premises, shall be removed by the owner of the premises upon which such is located after notice from the community development/planning director. The community development/planning director, upon determining that such sign exists, shall notify the owner of the premises in writing to remove the sign within 30 days from the date of such notice. Upon application, the community development/planning director may extend the removal requirement for a period not to exceed 90 days, provided the sign is covered so that the reading material is not visible.

C. Other Violations. In the event of a violation of any other provisions of this title, the community development/planning director shall give written notice, specifying the violation, to the holder of the sign permit, or, if no permit exists, to the named owner of the land where the sign is erected, to correct the violation or remove such a sign. Nonconforming temporary signs located on public right-of-way may be removed without notice.

D. Penalties. Penalties imposed for sign violations shall be specified in Chapter 1.16 WRMC. [Ord. 16-00 § 1, 2000].

19.22.040 Recovery of removed signs.

A. All signs removed by the city shall be available for recovery by the owner of such signs for a period of two weeks, after which they will be destroyed.

B. Recovery of any sign removed by the city shall be subject to payment of a sign recovery fee in accordance with the city’s adopted fee schedule.

C. The city shall not be responsible for damages or loss during removal or storage. [Ord. 16-00 § 1, 2000].

19.22.050 Violations of the sign code.

Violations of any provision of this title shall be a misdemeanor and subject the violator to a fine of not to exceed $1,000 and/or a jail sentence not to exceed 90 days for each violation. Each day or part of a day’s continuance of a violation of a provision of this title shall be a separate offense. [Ord. 16-00 § 1, 2000].

19.22.060 Administration.

A. Responsibility. The ultimate responsibility for any sign shall be borne by the legal owner of the property on which the sign is located. When necessary the community development/planning director may require the property owner or agent be party to or applicant for any required sign permit.

B. Community Development/Planning Director – Authority. The community development/planning director is authorized and directed to be the administrator of this title, to make necessary interpretations subject to appeal to the board of adjustment, and to process all required permits under this title.

C. Code Enforcement Officer.

1. Authority. The community development/planning director is authorized and directed to enforce all provisions of this title.

2. Right of Entry.

a. Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the community development/planning director has reasonable cause to believe that any sign or any condition exists that makes such sign unsafe, the community development/planning director or his authorized representative may enter the premises or building on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed on him by this title; provided, if such building or premises on which the sign is located is occupied, he shall first present proper credentials and request entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the responsible official shall have recourse to every remedy provided by law to secure entry.

b. No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as provided in this title, to promptly permit entry therein by the community development/planning director or his authorized representative for the purpose of inspection and examination pursuant to this title.

D. Inspections.

1. All signs controlled by this title shall be subject to periodic inspection by the building inspector. Records of all such inspections shall be kept in the files of the community development department.

2. Footing inspections shall be made by the building inspector for all signs having footings.

3. Upon completion of inspection of the sign installation by the community development/planning director or his authorized representative, an approval tag shall be affixed in a visible location on the sign. [Ord. 16-00 § 1, 2000].

19.22.070 Appeals.

The applicant, property owners within 300 of the proposed action, or other persons claiming to be directly harmed by any decision of the community development/planning director made in accordance with the provisions of this title may appeal such decision to the board of adjustment in accordance with the appeal procedures set out in WRMC 14.02.030 and 14.08.070. However, the fee for filing an appeal pursuant to this subsection shall be paid in accordance with the city of West Richland’s adopted fee schedule. [Ord. 16-00 § 1, 2000].