By Tracy Record
West Seattle Blog editor
It was the shortest hearing we’ve ever covered in the city Hearing Examiner‘s windowless chambers on the 40th floor of the Municipal Tower downtown: 25 minutes.
The owner of Luna Park Café and two SDOT public-space-management employees faced deputy Hearing Examiner Anne Watanabe there on Thursday afternoon. At issue – as first reported here last Sunday – was the $500 citation Bennett received for having an A-frame sign (since removed) at Avalon and Harbor, half a block from his restaurant. He appealed the citation, and a hearing was set.
Representing SDOT: Katie Kowalczyk and Jason Johnson.
Representing Bennett: Himself.
Johnson, an inspector for the public-space-management division, started with the backstory:
A complaint was received on January 14th not just about LPC’s sign, but a variety of other signs at Harbor/Avalon, under the West Seattle Bridge. A week later, Johnson said, “We sent a warning to the multiple businesses that had signs at that location, saying they were not in compliance with our portable-sign policy and asking them to remove the signs.” In early March, another complaint was received, and another warning sent to businesses that still had signs there – Johnson noted signs were still there for Luna Park and Cycle University (both nearby businesses), “so I followed it up with a citation on March 29th to Luna Park Café and Cycle University for the infraction.”
The sections of the Seattle Municipal Code that the SDOT reps said applied are 15.91, 15.04 – “permits for using the right of way” – and 15.12, sign regulations, which Kowalczyk said in turn points to a section of rules under the Department of Construction and Inspections (formerly Planning and Development).
Deputy Examiner Watanabe asked for more details on the specific part of city code stating “one sign adjacent to the business.”
Johnson read from not only that rule but also other stipulations including that signs cannot interfere with pedestrian mobility, impair access to driveways or sidewalks or fire hydrants, can’t be placed on any corner, must leave at least 5′ of pedestrian pathway, can’t be chained to light poles, can’t include streamers, balloons, banners, or “similar movable objects,” and the list went on.
Back to the timeline: SDOT sent Bennett a second warning on March 11th, also attempting to contact his business directly, sending e-mail and leaving voice mail “re-stating the policy.”
Offered the chance to question the SDOT reps, Bennett referred to a photo in the city file showing signs at Harbor/Avalon. They said every business with a sign there got a warning; when they went back, anyone who hadn’t removed the signs got a second warning; and then, if the sign was still there, a citation.
Next, it was Bennett’s turn to make his case:
“I guess the problem started with all these apartment buildings built all over Seattle – spending millions of dollars – spending money to put A-boards all over Seattle … I noticed coming off the exit where my sign has sat for years, there were a lot of signs … they’re poorly made, and I noticed that, and it inspired me to make sure my sign was always clean and placed up against the pillar, not in the way …”
He mentioned seeing signs in West Seattle for apartments as far away as Ballard. “So when I got my warning, I assumed that was the problem, not MY sign … I assumed that’s what the problem was and they were cracking down on that. … I’ve owned a small business in Seattle for more than 40 years,” and he’s worked with SDOT before. “So that’s why I didn’t move it.” But he also acknowledged, “On the other hand, I’ve worked with DPD before, and I know that when you get a complaint, you have to follow through on that.”
Bennett continued: “I don’t think this is the place to complain about policy, though I think this policy is wrong … I think if you own a small business on Avalon Way, that within the block you’re on, you should be able to have A-boards to direct people coming off the freeway to your restaurant.” His interest in signage there dates back to a time when he said bridge construction turned Avalon Way “into a dead end.”
His biggest beef: “A $500 fine to a small business is excessive,” especially considering city leadership has said it’s trying to find ways to support small business. “I think the policy is wrong; as a small business, the city should support small business and do what they can to make small businesses survive. I don’t think small businesses can afford … to pay $500 … I don’t want to pay $500 … I would like the court to dismiss this. I did remove my sign, reluctantly.”
Kowalczyk: “So you’re asking it to be dismissed because the fine is too expensive?”
Bennett: “What I’d really like is to change the rule so I can put my sign back.”
Watanabe asked for clarification on the fine amount. Kowalczyk said it was a $500 fine for “making use of the right of way without a permit. In most other cases, it’s a $250 fine.
Watanabe asked for the SDOT managers to provide a specific code citation before she makes a ruling within the next week or so. She also says that since Bennett has removed his sign, “there’s some mitigation I can consider. .. I realize there was a history of warnings (but) that was a good-sized bite for a small business.”
P.S. Not familiar with what the Hearing Examiner does? This guide explains it in detail.
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