FIRST REPORT, 2:02 PM: Just in: Deputy Hearing Examiner Anne Watanabe‘s decision on Luna Park Café owner John Bennett‘s appeal of a $500 citation for an A-frame sign. We first reported two weeks ago that he had been cited for the sign, after two warnings to remove it; city rules say business owners can only have such signs adjacent to their business, but his café is half a block away.
The complaint targeted a group of signs at Harbor/Avalon, not just Bennett’s, we learned when he argued his appeal before Watanabe downtown eight days ago (here’s our report). She said she’d have a ruling in a week or so, so we’ve been checking the city website, where it was posted half an hour ago (read the ruling here). Watanabe affirmed the SDOT decision to cite Bennett for the against-the-rules sign, but reduced the penalty from $500 – the fine for using right-of-way without a permit – to $250, the usual sign-citation amount, noting SDOT wasn’t opposed to a reduction, since it was a first-time citation.
Examiner decisions are the final word so far as the city goes; to challenge a ruling like this, you would have to go to court. We’re seeking comment from Bennett and will update.
ADDED 2:32 PM: Bennett tells us via e-mail that he’ll decide next week what to do about it, adding, “I’m a little upset that the sign ordinances are selectively enforced. I also feel small businesses shouldn’t have to pay heavy fines.” (City reps said again in last week’s hearing that enforcement is by complaint – there may be routine rule-breakers out there, but there’s no enforcement unless someone complains, same as a variety of other non-criminal city code situations.)
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