Advertisement

Scofflaw Agents Routinely Ignore Rules on Real Estate ‘For Sale’ Signs

Share
Ron Galperin is a real estate attorney with Wolf, Rifkin & Shapiro in West Los Angeles

Very few people advertise their illegal activities--unless, of course, they’re selling real estate.

Thousands of illegal “Open House” signs pop up every weekend and on real estate agent caravan days in the San Fernando Valley and throughout Southern California.

Municipalities such as Los Angeles have specific rules about which signs are legal and which aren’t, but the evidence left behind by scofflaws suggests that the laws are being routinely ignored.

Advertisement

Frontyard “for sale” signs usually pose no liability for property owners or their agents. Most of the offending notices, rather, are signs and arrows advertising open houses or placards attached to utility poles advertising apartments for rent or the opening of a new condo development.

A standard sign advertising an open house, for example, generally is legal in the city of Los Angeles, so long as the sign is on the owner’s private yard. Signs posted within the parkway--the area between the street and sidewalk--are allowed if placed with the abutting owner’s written permission, posted only between 7 a.m. and 7 p.m. and situated 30 feet from each other to avoid visual clutter.

Signs may not be attached to traffic signals, street light poles, utility poles or street trees. Signs in traffic islands or median dividers are also forbidden.

Another major offense in Los Angeles is signs that have an arrow indicating where people should turn to get to an open house.

“All signs pointing the way somewhere are illegal unless they’re traffic signs,” said James Washington, a chief street inspector for the city Bureau of Street Maintenance. “No one can put out signs with an arrow that directs traffic.”

The bureau removes about 90,000 signs a year, Washington said, and the consequences for offenders can be serious. Those caught in the act of posting an illegal sign may be ticketed for a misdemeanor that could lead to a $1,000 fine or six months in jail, or both. The tickets can be issued by a police officer, a Department of Building and Safety inspector or by one of several other types of city investigators and inspectors.

Advertisement

Few scofflaws get ticketed for a misdemeanor, Washington conceded, but many more are billed by the city for sign removal. The city sign ordinance states that persons responsible for an illegal posting are liable for removal costs. There is a presumption that the real estate agent, broker or brokerage firm whose name or number appears on the sign is the person responsible. The city fee is $194.20 for removal of a sign. “There’s a lot of labor involved in the whole process,” Washington said.

“The Bureau of Street maintenance works seven days a week watching these signs,” said Millie Jones, public affairs director for the San Fernando Valley Assn. of Realtors in Van Nuys. “Real estate agents and the property owners they represent need to be aware of sign ordinances and their enforcement.”

In support of real estate agents, Jones said that signs are needed to attract would-be buyers. “We want to be sure agents can market homes and keep the real estate market going,” she said. Jones also said that real estate agents shouldn’t be blamed too much for sign offenses. “Most of the offenders are not real estate agents but other people advertising elections, garage sales or lost pets,” she said.

“Agents often don’t care about sign ordinances; I see lots of signs that shouldn’t be up,” remarked Jay Belson, president of Remax on the Boulevard in Sherman Oaks. The city doesn’t have the resources to follow up on most sign scofflaws, Belson said, so most agents don’t worry about breaking the law.

“I have 140 agents and I haven’t seen a sign-related fine cross my desk in about a year,” Belson said. Besides, he added, “our priority is to have the sign seen and have people get to an open house. I would rather take the risk of getting fined; most agents would probably feel the same.”

For information about the city of Los Angeles sign ordinance, call the Bureau of Street Maintenance at (213) 485-3711.

Advertisement
Advertisement