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Act of God – Sign Removal

Act of God – Sign Removal. NAHBA 2006 Presentation By: John L. Garner. What is Customary Maintenance?. Florida’s Definition. The work necessary to keep the sign structure in a state of good repair, including the replacement in kind of materials in the sign structure. LIMITATION

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Act of God – Sign Removal

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  1. Act of God – Sign Removal NAHBA 2006 Presentation By: John L. Garner

  2. What is Customary Maintenance?

  3. Florida’s Definition • The work necessary to keep the sign structure in a state of good repair, including the replacement in kind of materials in the sign structure. • LIMITATION • Replacement of structural materials may not exceed 50% in a 24 month period.

  4. Florida’s Definition • SPECIFIC EXCLUSIONS • Changes to the type of structure or materials • Changes to the area of the sign facing or HAGL • Enhancement to the visibility of the sign’s message • Addition of automatic changeable faces • Addition or modification of lighting

  5. Valuing partially destroyed signs

  6. What is the accrued depreciation on this one ???

  7. Florida’s Approach • Florida does NOT rely on an economic valuation of a damaged structure to make regulatory decisions • REASONS • Cost of appraisals • Legal requirements for valuation methodology • Uncertainty in ability to evaluate depreciation • Highly litigious

  8. What is a “destroyed” sign?

  9. Destroyed?

  10. How about this one?

  11. This One?

  12. Florida’s Definition “Destroyed” means more than 50% of the upright supports of a sign structure are physically damaged such that normal repair practices of the industry would call for, in the case of wooden sign structures, replacement of the broken supports and, in the case of a metal sign structure, replacement of at least 25% of the length above ground of each broken, bent, or twisted support.

  13. Florida’s Definition EXCEPTION • If the permittee demonstrates that the replacement materials cost to re-erect the sign would not exceed 50% of the value of the structural materials in the sign, immediately prior to destruction.

  14. Florida’s Definition • Structural materials are all load bearing parts • Value of the structural materials is retail cost new • Replacement materials are all those, from any source other than the sign itself, required to return the sign to its configuration immediately prior to damage • Value of replacement materials is retail cost new

  15. Is There/Should there be a natural disaster exception?

  16. Some Thoughts on Non-Conforming Signs • A sign becomes non-conforming because of law or regulations, not because of improper or illegal actions of the sign owner. • By definition, these signs are legally in existence. • Current federal regulations cause the loss of a valuable asset when the owner has done nothing improper or illegal.

  17. Reasons for an Exception • Current regulations can make economic recovery more difficult. • Current regulations require states to invest substantial funds in litigation which could be used for economic recovery. • In order to enforce, states must put inspectors in locations which are potentially hazardous or which could impede emergency operations.

  18. A Final Reason • Current regulations, even if strictly enforced, do not contribute substantially to Highway Beautification.

  19. Questions?

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