TUSTIN : Council Tells Firm to Remove Billboard

A billboard installed by 3M National Advertising Co. on Nisson Road violates city code and has to be taken down, the City Council has decided.

The council voted unanimously earlier this week to deny the company’s request for the billboard to stay at least four more months or until after the company has worked out an agreement with the California Department of Transportation to relocate it.

An attorney for 3M National Advertising said the company is asking Caltrans to pay for the relocation of the billboard, which has been affected by the widening of Interstate 5.

“We’re simply asking for a reasonable time . . . not to exceed four months, so we can receive compensation,” attorney Gary S. Mobley said.

But with the council’s rejection of the appeal, the company has until 5 p.m. Monday to obtain a permit to dismantle the billboard, according to Rick Brown of the city’s Buildings Department.

“They have exhausted their remedies with the city,” Brown said. “They can take the city to court, but as far as the city process (is concerned), they have exhausted all appeals.”

Mobley, who will confer with his client to see what to do next, said the advertising company will probably comply with the council.

The freeway billboard issue has dragged on for several months as the company tried to fight an order by the city’s Community Development Department to dismantle it.

The billboard at 1782 Nisson Road, close to the Interstate 5 off-ramp at Red Hill Avenue, was originally deemed a nonconforming billboard.

Under city code, outdoor advertising structures and billboards are prohibited, although a nonconforming billboard may be allowed as long as no changes or alterations are made.

Brown said that a work crew hired by the advertising company altered the sign in August, 1993, without seeking a city permit.

City building officials ordered the advertising company to dismantle the billboard, including its foundation and electrical system.

The advertising company appealed to the Building Board of Appeals, a citizen panel that hears complaints related to city code violations.

But after a public hearing on Oct. 25, the panel ruled that the billboard must be taken down because it was built without a permit.

That prompted the advertising company to bring the matter to the City Council.

If the company fails to take action to dismantle the billboard by Monday, Brown said, the city may have to remove the sign and bill the company for the cost.

He said the city may also go to court to force the advertising company to take down the billboard.