Section 2441 - Violations for Permanent Displays(a) When the Department determines a permanently placed Display violates the Act or these regulations, the owner of that Display is given a written violation notice by certified mail that the Display is in violation and subject to removal, and the owner is liable for all statutory penalties and, if the Display is removed by the Department, actual costs of removal.(b) The violation notice states the violation, the owner's responsibility to respond, and the owner's opportunity to request a review by the Director pursuant to the provisions section 2241(b) of these Regulations.(c) If the display has been issued a permit, the violation notice is issued to the Permittee unless the Department has been notified in writing that another party with a property interest in the Display also has requested notice of any action concerning the Display. When a Permittee differs from the name on the Display, it is assumed the Permittee is the Display owner and the entity named on the Display is only maintaining it, unless the Department has been notified otherwise. When the owner of the Display is not plainly displayed thereon and no permit exists, the violation notice shall be issued to either the property owner at the address on record with the county assessor's office or the advertiser identified on the Display.(d) A new violation notice is not issued if the Display is sold, transferred, or the copy is changed. When purchasing a Display, the new Display owner is responsible for determining the legal status of the Display by contacting the Office of Outdoor Advertising.(e) The owner has 30 days from the date of the certified mailing of the violation notice to respond as follows; (1) Correct the violation, or(2) Remove the Display, or(3) Appeal to the Director in writing pursuant to the provisions of section 2241(b) of these Regulations. This request shall contain a statement of reasons supporting the Appeal pursuant to Section 2442 of these regulations.(f) The owner's failure to respond to the violation notice within 30 days of the date of its certified mailing results in a waiver of the right to Appeal the following: (1) the validity of the violation(s) stated in the violation notice.(2) removal of the Display by the Department without further notice at the owner's expense.(3) the period of time allowed for correction of any violation.(4) the amount of any fine, penalty, or assessed removal costs.Cal. Code Regs. Tit. 4, § 2441
1. New section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2. Amendment of section and NOTE 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 5400, 5463, 5482 and 5485, Business and Professions Code; and 23 U.S.C. Section 131(r)(1) and (2).
1. New section filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2. Amendment of section and Note filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48).