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BooK 95 PAGE E718 Subsection 956.15(1)(c) of the County Code requires the posting of a $250 security bond prior to the placement of political signs, and specifies that this bond may be forfeited for any of the following reasons (paraphrased): 1. Failure to remove all signs within five days of the applicable election; 2. Placement of signs on any tree, utility pole or similar object; 3. Placement of any sign without permission of the applicable property owner; or 4. Authorizing placement of sign(s) or allowing sign(s) to remain more than two days after notice of any signs in violation of county regulations. Illegally placed signs are prima facie evidence that a candidate placed or authorized placement of said sign(s). [NO'M'E: this paragragh was amended in Nay, 1995, but was in effect at the time of sign permit issuance and bond refund denial.] On November 8, 1994, the day of the general election, code enforcement staff removed a number of political campaign signs, including 9 Hedin campaign signs, from road rights-of-way in the county. Specifically, Hedin campaign signs were removed from rights-of-way at: - US #1 in Wabasso (abandoned gas station) - - Intersection of 129th Court & Roseland Road - Polling places of Precincts 36, 41, 44, 46, & 53 - Intersection of 4th Street & 43rd Avenue Based on staff's observance and removal of illegally placed signs in road rights-of-way, the $250 bond refund was denied, and Mr. Hedin was notified of the denial. On December 16, 1994, Mr. Hedin submitted a letter of appeal, stating that "...any signs that were found in road right-of-ways were not, repeat not, placed in said areas by me [Mr. Hedin] or anyone connected with me or my campaign, nor did I authorize placement of any sign in an unauthorized area". Mr. Hedin also states in his letter that he has "every reason to believe that someone, not my people, deliberately moved my signs". ANALYSIS Points Raised by Mr. Hedin Staff has no information as to who specifically placed Hedin campaign signs in road rights-of-way, whether the signs were placed by Mr. Hedin, one or more of his supporters, or someone else. However, County Code Subsection 956.15(1)(c)4. provides that "the illegal placement of'any political sign advertising a particular candidate shall be prima facie evidence that the candidate placed or authorized the placement of said sign". On this basis, the candidate is ultimately responsible for code compliance, and consequently staff has denied refund of the sign bond. Section 902.07 Appeal Guidelines Section 902.07 provides guidelines for the review of this appeal. Under 902.07, the Board of County Commissioners is to make findings in the following four areas: 18 July 18, 1995