Judges: KENNETH G. OERTEL
Agency: Department of Transportation
Latest Update: Jan. 04, 1977
Summary: Whether Respondent was in violation of Subsection 479.07(1), Florida Statutes, providing for the permitting of outdoor advertising structures.Recommend removal of Respondent's sign within thirty days of Final Order.
75-0406.PDFSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
) CASE NO. 75-406T
vs. ) DOCKET NO. 75-172-OA
) GENERAL OUTDOOR ADVERTISING CO., )
)
Respondent. )
)
RECOMMENDED ORDER
PURSUANT TO NOTICE, a hearing in this matter was held in accordance with the Administrative Procedure Act, Florida Statutes Chapter 120, on May 15, 1975, in the Right-of-Way Conference Room, Department of Transportation, Haydon Burns Building, before Francis Bayley, Hearing Examiner.
APPEARANCES
For Petitioner: Jay Hendrickson, Esquire
Counsel for Department of Transportation For Respondent: Respondent did not appear.
ISSUES
Whether Respondent was in violation of Subsection 479.07(1), Florida Statutes, providing for the permitting of outdoor advertising structures.
FINDINGS OF FACT
Respondent maintained two outdoor advertising signs adjacent to U.S. Highway 90 in Gadsden County, Florida. The first sign listed on the notice of outdoor advertising law violation dated August 5, 1974, has been removed. No further action is necessary in regards to this sign.
The second sign listed on the August 5, 1974, Notice of Violation is located adjacent to U.S. Highway 90 1/2 mile West of the city limits of Quincy, Florida. The second sign was not permitted in the years 1973 or 1974. Respondent has not made application for a current permit as of the date of hearing.
CONCLUSIONS OF LAW
A person must obtain a permit from the Department of Transportation for every outdoor advertising sign he wishes to use or maintain. Florida Statutes, Subsection 479.07(1), (1973). A permit tag must also be affixed to each advertising structure in the manner prescribed by Subsection 479.07(4), Florida Statutes (1973). This latter Subsection also provides that the maintenance of
an advertising structure without a current permit tag is prima facia evidence that the person using the structure is doing so in violation of the provisions of Chapter 479. Furthermore, Subsection 479.07(4), also provides that a sign maintained without a current permit tag is subject to removal by the Department.
The Legislature has declared that signs maintained in violation of any provisions of Chapter 479, such as the Respondent's sign, are a public nuisance. Section 479.17, Florida Statutes (1973), directs the Department to remove such offending signs after the owner has been given thirty days written notice and an opportunity to present evidence as to why his sign is not in violation. This Respondent was given the required thirty day notice and a hearing was scheduled in accordance with the Administrative Procedure Act, Florida Statutes Chapter 120, 1974. The Respondent chose not to appear. The Respondent's sign is in violation of Subsection 479.07(1) by not having the required permit. The Department should remove the sign in accordance with the provisions of Subsection 479.07(4) and Section 479.17.
RECOMMENDED ORDER: The Department shall remove the sign thirty (30) days after the Final Order is entered unless a current permit is obtained by the Respondent and attached to the sign.
FRANCIS BAYLEY
Hearing Examiner
Date: June 23, 1975
Docket for Case No: 75-000406
Orders for Case No: 75-000406
