Judges: K. N. AYERS
Agency: Department of Transportation
Latest Update: Dec. 09, 1987
Summary: Sign mounted on truck parked near Resp's business is too close to state hwy right-of-way. Sign's location (not permanency) is dispositive. Resp fined.
87-4346STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF TRANSPORTATION, )
)
Petitioner, )
)
vs. ) CASE NO. 87-4346
) VERNON CRUMMEY ENTERPRISES, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on December 2, 1987, at Tampa, Florida.
APPEARANCES
For Petitioner: Charles G. Gardner, Esquire
Department of Transportation Haydon Burns Building Tallahassee, Florida 32399-0458
For Respondent: Vernon Crummey, pro se
11031 State Road 52
Hudson, Florida 34669
By Notice of Illegal Sign on Right-of-Way dated August 20, 1987, the Department of Transportation (DOT), Petitioner, seeks to levy an administrative fine against Vernon Crummey Enterprises, Respondent. As grounds therefor it is alleged that Respondent owns a sign located on the right-of-way of SR 52, 0.5 mile east of Bear Creek Drive in Pasco County.
At the hearing Petitioner called one witness, Respondent called one witness and three exhibits were admitted into evidence. The parties waived the right to submit proposed recommended orders to the Hearing Officer.
FINDINGS OF FACT
The sign in issue in these proceedings is mounted on the bed of a pick- up truck which is generally parked opposite Respondent's business. The vehicle is moved daily, sometimes several times per day.
On August 5, 1987, a DOT sign inspector observed Respondent's sign in an area appearing to be on the DOT right-of- way of SR 52 in Pasco County. Measurements were taken to locate the sign with respect to SR 52.
The DOT right-of-way along SR 52 at this location extends 50 feet north and south of the centerline of SR 52, and 38 feet from the edge of the pavement of SR 52.
On August 5, 1987, the DOT sign inspector using a steel tape measure found Respondent's sign to be located 12 feet from the edge of the pavement, thus clearly on the right-of-way.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 479.11, Florida Statutes, provides that no sign shall be erected, used, operated, or maintained which is located upon the right-of-way of any highway on the State Highway System, Interstate Highway System or Federal Aid Primary Highway System.
Section 479.107, Florida Statutes, provides that any sign located on the right-of-way of a highway in the State Highway System may be removed by the department; that upon determination by the department that such sign exists, the department shall post notice on the sign for the owner to remove the sign immediately; and that if the owner fails to so remove the sign, the department shall remove the sign whether or not a hearing has been requested by the owner or permittee. Subsection (5) thereof provides:
The cost of removing a sign whether by the department or by an independent contractor, shall be assessed by the department against the owner of the sign. Furthermore, the department shall assess a fine of $75 against the sign owner for any sign which violates the requirements of this section.
The assessment of the fine of $75 is mandatory under the clear wording of the statute, and such sign need only be located as opposed to erected, on the right-of-way. Accordingly, it is
RECOMMENDED that a Final Order be entered assessing a fine of $75 against Vernon Crummey Enterprises.
ENTERED this 9th day of December, 1987, in Tallahassee, Florida.
K.N. AYERS Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1987.
COPIES FURNISHED:
Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building
605 Suwannee Street
Tallahassee, Florida 32399-0450
Gary Kissinger, State Outdoor Advertising Administrator Department of Transportation
Haydon Burns Building, Mail Station 22 Tallahassee, Florida 32399-0450
Vernon Crummey
c/o Vernon Crummey Enterprises 11031 SR 52
Hudson, Florida 34669
Kaye N. Henderson, P.E. Secretary
Department of Transportation 605 Suwannee Street
Haydon Burns Building Tallahassee, Florida 32399-0450
Docket for Case No: 87-004346
Orders for Case No: 87-004346
| Issue Date |
Document |
Summary |
|
Jan. 20, 1988 |
Agency Final Order
|
|
|
Dec. 09, 1987 |
Recommended Order
|
Sign mounted on truck parked near Resp's business is too close to state hwy right-of-way. Sign's location (not permanency) is dispositive. Resp fined.
|
