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HomeMy WebLinkAbout141-97RESOLUTION NO. 141-97 DECLARING A SIGN AT 125 HARTZ AVENUE A PUBLIC NUISANCE AND AUTHORIZING STAFF TO INITIATE ABATEMENT PROCEEDINGS WHEREAS, Mr. Oded Kleinbaum, proprietor of a food service facility located at 125 Hartz Avenue, is displaying illegal banners on a mini-pole sign that is in violation of certain provisions of the Town's Sign Ordinance; and WHEREAS, Chapter 32 of the Danville Municipal Code regulates signs in the Town of Danville; and WHEREAS, Section 32-98.29 requires that a non-conforming sign that is abandoned, altered or reconstructed in a manner inconsistent with this article be removed; and WHEREAS, for the period from May 14, 1997 through September 1997, Town staff has pursued correction of the violation through contacts with the business proprietor and the property owner (Edward V. Stein), including issuance of Conditions of Approval for the placement of the permanent wall sign and a Correction Notice issued on August 6, 1997; and WHEREAS, Section 1-5.5 of the Danville Municipal Code establishes that any condition caused or permitted to exist in violation of the Code, whether the violation is an infraction or a misdemeanor, is a public nuisance and may be summarily abated as such; and WHEREAS, Chapter 1-6 of the Danville Municipal Code establishes an abatement of a nuisance shall commence upon Town Council declaration of a nuisance; and WHEREAS, the public notice of this action was given in all respects as required by law; now, therefore, be it RESOLVED, by the Danville Town Council that the illegal sign located at 125 Hartz Avenue (food service facility dba "Philly's Steak Stop") is a public nuisance and its abatement is ordered; and be it further RESOLVED, that the illegal wiring and lighting attached to the pole sign is a public nuisance and its abatement ordered. APPROVED by the Danville Town Council at a Regular Meeting on October 7, 1997, by the following vote: AYES: Doyle, NOES: None ABSTAIN: None ABSENT: None Waldo, Arnerich, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 141-97