1967 - Resolution - Appeal a Notice and OrderRESOLUTION NO. 1967
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AFFIRMING ON APPEAL A NOTICE
AND ORDER FOR THE ABATEMENT OF AN UNSAFE
OR UNLAWFUL CONDITION
WHEREAS, this matter having come for hearing before Port Orchard City Council, on the
appeal of Joe Mentor and Eldorado Hills Water, Inc. of a Notice and Order for the Abatement of an
Unsafe or Unlawful Condition, the Council having heard this matter in open session and being otherwise
fully advised, finds concludes, and resolves as follows:
FINDINGS
1. Eldorado Hills Water, Inc. is the owner of the real property located at 839 Bay
Street, Port Orchard, Washington. Joe Mentor is the president of Eldorado Hills Water, Inc.
2. On March 2, 2001, the City of Port Orchard issued building permit No. 9461 to
Joe Mentor for the erection of a 12' x 6' commercial sign on an existing 1 0' steel pipe on the property
located at 839 Bay St.
3. Rather than placing the sign on the pole, as provided in the permit, Mr. Mentor
erected the sign on the edge of the roof, with braces extending behind the sign and attaching to the roof.
4. On December 18, 2001, the City issued a Notice and Order for the Abatement of
an Unsafe or Unlawful Condition to Eldorado Hills Water, Inc. and Joe Mentor, pursuant to Port Orchard
Municipal Code 15.16.250, notifying them that the sign was erected without a permit in violation of Port
Orchard Municipal Code (POMC) 15.16.040, and was in violation of POMC 15.16.020(11) prohibiting roof
signs on in all zoning districts, and ordering the sign removed from the roof.
5. On December 24, 2001, Joe Mentor filed a notice of appeal of the December 18,
2001 Notice and Order pursuant to POMC 15.16.260.
6. The City Council held a public hearing on the appeal on January 28, 2002.
7. POMC 15.16.010 defines "roof sign" as follows:
(27) "Roof sign" means any sign erected over or on the roof of a building.
8. POMC 15.16.040 provides:
No sign, except for those exempted in this chapter, shall be erected,
reerected, attached, structurally altered or relocated by any person, firm
or corporation without a sign permit issued by the city. In the case of
electric signs, compliance with the National Electrical Code shall be
included as a requirement of the sign permit. All sign permits shall be
issued by the building official. No permit shall be required for repair,
cleaning, repainting or other normal maintenance, nor for changing a
message on a sign designed for changeable copy, as long as the sign
structure is not modified in any way.
CONCLUSIONS
Resolution No. 1967
Page 2 of 2
1. The sign erected on real property located at 839 Bay Street, Port Orchard, is a
roof sign as defined in POMC 15.16.01 0(27).
2. The existence of the roof sign at 839 Bay Street violates POMC 15.16.020(11 ),
which prohibits roof signs in all zoning districts.
3. Building permit No. 9461 permits the erection of a 12' x 6' commercial sign on an
existing 1 0' steel pipe only and does not cover the roof sign.
4. The roof sign was erected without a permit in violation of POMC 15.16.040, now
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
SECTION 1. The appeal of Joe Mentor and Eldorado Hills Water, Inc. of the Notice
and Order for the Abatement of an Unsafe or Unlawful Condition, issued December 18, 2001, is denied.
SECTION 2. Pursuant to POMC 15.16.250(2)(b) and (c), the sign shall be removed by
the owner within ten days from the date of this resolution. If the sign is not removed within ten days, the
sign may be removed by the City at the owner's expense.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 11th day of February 20Q2.
t/2~~.~~/
LESLIE J. WEATHERILL, MAYOR
ATTEST: }
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Patricia Parks, City Clerk