Judges: DELPHENE C. STRICKLAND
Agency: Department of Transportation
Latest Update: Jan. 04, 1977
Summary: Whether the Respondent by erecting the two subject signs violated the state and federal regulation and laws by erecting one sign on the right of way of U.S. 319, a Federal Aid Primary Road, and erecting one sign within five (5) feet of said highway. Whether subject signs should be removed for lack of permits.Respondent's signs violate right of way and have no current permit. Recommended Order: remove signs in five days of Final Order. Final Order: adopt Recommended Order.
75-0398.PDFSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 75-398T
) DOCKET NO. 75-180-OA JOHN LEWIS, J & J CAMPSITES, )
)
Respondent. )
)
RECOMMENDED ORDER
After notice to the parties, a formal administrative hearing, pursuant to the Florida Administrative Procedures Act, was held in Tallahassee, Florida, on May 15, 1975, at 1:00 p.m. before Delphene Strickland, Hearing Examiner.
APPEARANCES
For Petitioner: Jay Hendrickson, Esquire
R. N. Lester, Inspector
James Jordan, Sign Coordinator For Respondent: John Lewis
ISSUES
Whether the Respondent by erecting the two subject signs violated the state and federal regulation and laws by erecting one sign on the right of way of U.S. 319, a Federal Aid Primary Road, and erecting one sign within five (5) feet of said highway. Whether subject signs should be removed for lack of permits.
FINDINGS OF FACT
Claimant contended and Respondent admitted that the two subject signs were in violation of set-back requirements of Chapter 479 and the Federal Beautification Act as charged.
CONCLUSIONS OF LAW
One of the Respondents signs is on the highway right of way, one sign is within five (5) feet of the right of way. Neither sign has been permitted by the Department and both are in violation of Chapter 479, Florida Statutes.
RECOMMENDED ORDER
Remove subject signs (5) days after date of Final Order.
Date: 5/21/75
DELPHENE STRICKLAND
Hearing Examiner
Docket for Case No: 75-000398
Orders for Case No: 75-000398
| Issue Date |
Document |
Summary |
|
Oct. 01, 1975 |
Agency Final Order
|
|
|
May 21, 1975 |
Recommended Order
|
Respondent's signs violate right of way and have no current permit. Recommended Order: remove signs in five days of Final Order. Final Order: adopt Recommended Order.
|
