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. 38, September 20, 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).
