California Code of Regulations › Title 4 - Business Regulations › Division 6 - Outdoor Advertising, Department of Transportation › Chapter 1 - Outdoor Advertising-General › Section 2271 - Destroyed Display

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Display is destroyed and not eligible for customary maintenance when for 60
				days after notice from the Department, it remains damaged and is not used for
				the purpose of outdoor advertising in the configuration (size, Facings,
				location, structure) approved by the Department.
(b) When the Department becomes aware of or
				identifies a damaged Display, the Department mails a written notice by
				certified mail to the Permittee beginning the 60-day time period for the
				Permittee to refurbish, replace, rebuild, or re-erect in kind or smaller the
				damaged Display and to place advertising copy. An "available for lease" or
				similar message that identifies the advertising availability of the Display on
				which the message is placed is advertising copy as long as the message contains
				a valid telephone number or address to contact for information, if the display
				has been otherwise refurbished, replaced, rebuilt, or re-erected in kind.
				Refurbishing, replacing, rebuilding or re-erecting shall be to the approved
				characteristics as recorded in the department's records for the Display. This
				notice is not necessary if the Permittee has completed repair back to the
				approved characteristics prior to notice being issued by the
				Department.
(c) The Permittee has
				until the end of the 60-day time period identified in the Department's notice
				to repair, replace, rebuild, or re-erect in kind the damaged nonconforming
				Display and place advertising copy. Upon receiving written notice from the
				Permittee showing good cause prior to the 60th or last day of the time period,
				the Department may extend the established time period not to exceed a total of
				six months. In such case, the Department shall issue a written response
				identifying by what date the work must be completed.
(d) When the Display is not restored and
				advertising is not placed before the last day of established time period, the
				Display's customary maintenance is ended and the Display is deemed destroyed.
				When the Display is deemed destroyed, the permit is revoked, subject to appeal
				and the remains of the Display are subject to removal under the violation
				process in Chapter 3.6, commencing with section
				2440 in Title 4 of the California
				Code of Regulations. After the permit is revoked, a permit may not be issued
				for the location unless the Display conforms to all laws and regulations in
				effect at the time of application. The last Permittee is responsible for the
				removal of all remnants of the destroyed Display.
1. New section
				  filed 6-25-76; effective thirtieth day thereafter (Register 76, No.
				  26).
2. Amendment of NOTE filed 7-22-77 as procedural and
				  organizational; effective upon filing (Register 77, No. 30).
3.
				  Repealer and new section filed 9-20-99; operative 10-20-99 (Register 99, No.
				  39).
4. Amendment of section heading and subsections (a)-(b) and (d)
				  filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48).
Note: Authority cited: Sections
					 5250
					 and
					 5415,
					 Business and Professions Code. Reference: Sections
					 5225
					 and
					 5463,
					 Business and Professions Code; and
					 23 CFR
					 750.707(d)(6)(i).