Proposed sign ordinance to get another look
A proposal to modify Cape Coral’s sign ordinance by requiring registration for everything from garage sale and open house signs to for sale and election signs, failed to pass muster Wednesday.
With a staff recommendation that the proposed changes for all temporary signs not be adopted in their present form, and concerns about costs and enforcement, Cape Coral City Council bounced the measure back for another look.
As proposed, the ordinance would amend the city’s land development code. It would have prohibited temporary signs on real property without the owner’s express approval; would have required written permission from the owner of undeveloped properties be submitted in writing to the City Clerk’s Office; would have prohibited temporary signs in public rights of way, in any “visibility triangle” or within five feet of any temporary free-standing sign.
In a Sept. 1 email to the city manager, the city’s Development Services Department expressed concerns about the “breadth of the impact of the proposed ordinance,” which would require the development and maintenance of a city registration process. Also of concern was the cost of enforcement, including code officer efforts, notification to property owners on which the signs are located if there is a complaint and no on-file permission is found, and the special master process in case of dispute.
Staff cited expected problems with anonymous complaints, particularly those related to election signs, the type of signage that spurred the proposed ordinance amendment.
Cape Coral Councilmember Gloria Tate, who brought the measure forward, said she understands the “heartburn” temporary signs are causing for the city. Between political signs, real estate signs and construction signs and their use on vacant properties, it has become an issue.
Most on the elected board had questions and comments.
Mayor John Gunter said that companies that have a vested interest in the property (such as a listing Realtor) need to be considered and asked if the ordinance could be crafted so the property owner can give authorization on these signs to the company under contractual agreement with the owner.
Any ordinance brought forward would have to be crafted so as to not violate case law, which establishes that there may be no distinction among election signs, real estate signs and other temporary signs such as tag or yard sales.
Filing with the City Clerk would aid in enforcement, City Attorney Dolores Menendez said. If code enforcement sees a sign on an unimproved property, code enforcement could call the City Clerk’s office to see if there was permission for a sign to be there.
Councilmember Jennifer Nelson asked if Realtors or property owners could police themselves.
Councilmember Keith Long said that people who put up signs contrary to the current code don’t know they’re doing anything wrong and that permission, currently at least verbal, is required. He said signage placement is not being self-policed.
He offered a suggestion that would not require a registry.
“Can’t we ask for the written permission to be produced when a potential violation is spotted?” Long asked Menendez, who said it was possible.
Councilmember Jessica Cosden thought the ordinance would be a nightmare for code enforcement and asked about election signs placed in rights of way illegally now and if that was something already being enforced.
City Manager Rob Hernandez said the city has taken down many election signs that are posted illegally, only to have them put back up.
Councilmember Tom Hayden and Tate agreed that signs placed contrary to current code have become a big problem this election cycle.
Tate said it was obvious the ordinance as proposed needs work, and she would hand any followup off to Long as she is not running for re-election.
Long, who is up for re-election, is an attorney.
“In the real estate industry when we do a vacant land listing contract, it does say we have the opportunity to put up a sign to market the property,” Tate said. “We have permission on file if someone needs it. We have fraud going on in vacant land and it’s becoming a bigger problem. It will be helpful to have something that Mr. Long puts into the ordinance.”
The matter is expected to come back to City Council for additional discussion at a later date.
To reach CHUCK BALLARO, please email news@breezenewspapers.com