Adopt Resolution #20-092 Authorize Abatement of Abandoned Sign at 14037 St Francis Blvd NW

The purpose of this case is to receive direction from the City Council on an existing code enforcement case at 14037 St Francis Blvd NW. The massage parlor has been closed for almost a year after suspension of their Massage License by the City. Abandoned Signs are a violation of City Code. Historically, the City has remedied these situations through our administrative enforcement of City Code Violation process (Code Enforcement Program) and ultimately through a civil citation through District Court. However, Staff is providing the City Council the opportunity to approve an abatement (removal) of this sign. This would involve removal of plastic panels on a ground sign as well as an internally illuminated cabinet sign on the wall of the building. The City would need to engage the services of a sign contractor rather than our typical Abatement Contractor. This would be a deviation from our standard policy to abate items affixed to structures requiring the hiring of a contractor.

No notification is required.

Summary
The City received a complaint about and abandoned signage at River's Bend Plaza related to the closed business Oasis Massage. The Massage Parlor license was suspended by the City in June 2019.

City Code does allow the Zoning Administrator (City Staff) to order the removal of abandoned signs or signs for businesses that have since close. A copy of the full section of City Code is attached. The City has sent two letters to the owner of the building to remove the signage and has not heard from the owner, nor seen any progress onsite. The City has also provided the violation letter to the broker for the building, and attempted to find the phone number of the owner of the building to request to get the signage removed. The Sign has not yet been removed.

Contractor
The City typically uses Reshetar Systems, Inc for abatement of Code Enforcement cases. If directed by the City Council to remove the signage onsite, as opposed to bringing the signage into a Civil Court case, Staff will reach out to local signage companies and Reshetar Systems, Inc. on pricing and choose the lowest responsible price.

Cost
Staff has reached out two the City Attorney about the cost of bringing the case to District Court as a Civil Case. The City Attorney indicated that the cost of bringing into the District Court would be significantly higher than removal of the signage. The City Attorney also indicated that the Court process is lengthy. Staff is concerned that the process could take a significant amount of time and it would be difficult to get the signage removed.

In summary, pursuing a civil action will likely cost more than hiring a contractor to abate the sign. Additionally, even with a Court Order to have them remove the sign, the City would still have the issue of forcing the property owner to abide by the Court Order, which has proven difficult in the past. The City Attorney recommended utilizing the City Code ability to remove the signage under Section 117-462 (attached).

Staff reached out to the City Attorney for his estimate, and a couple local companies for estimates on the abatement alternative. The City Attorney estimated that it would be lengthy and costly to pursue court options. While, abatement contractor's estimates ranged from $700 - $1300. The cost of the abatement is allowed to be charged back to the owner per City Code Section 117-462 at a 50% increase to cover administrative fees. Staff estimates that the abatement will be significantly more cost-effective.

Alternatives
Alternative 1: Adopt Resolution #20-092 directing staff to hire a contractor to remove the out of signage as allowed by the City Code. Staff has received complaints about the out-of-date signage and the cost of removal will be faster and more cost-effective than moving the case into a Civil Court. Staff is supportive of this alternative.

Alternative 2: Modify Resolution #20-092 and direct staff to work with the City Attorney to move the case into Civil Court. This is more lengthy and expensive process, but previous City Council directions have been supportive of moving these types of cases into the Court setting instead of approving this level of abatement. Staff could be supportive of this alternative if the City Council is hesitant to direct Staff to remove abate the abandoned sign.

Staff handles all code enforcement as part of regular duties.

Staff recommends adoption Resolution #20-092 authorizing abatement of abandoned sign.

Motion to adopt Resolution #20-092 authorizing abatement of abandoned sign at 14037 Saint Francis Blvd NW.