Someone Caught Trashing Expensive A-Frame & Sign - What would you do?

Here's the story directly from one of my agents last weekend....the story is a bit long, but I think the punch line is amazing....And we'd like your input on what our next step should be....

==========Statement as given by my real estate agent =========================

On Saturday January 26th, around 4:20 pm, I completed my open house at 10575 Corte Jardin Del Mar in Carmel Valley.  I left this property heading North on E. Ocean Air Drive toward the intersection of E. Ocean Air Drive and Carmel Mountain Road.  Upon pulling up to the stop light at the intersection of E. Ocean Air Drive and Carmel Mountain Road, I witnessed a man pull over to the right heading East on Carmel Mountain Road maybe 30 feet before he crossed E. Ocean Air Drive.  I saw him get out of his car, walk up to my sign, grab it off the landscaping and then heave it over the concrete wall.  I rolled down my window and began honking and yelling that he could not do that.  He looked my way and walked back toward his car. 

The light changed green and I pulled through the intersection and parked on the right hand side of E. Ocean Air Drive just past Carmel Mountain Road.  I jumped out started walking over to the car, which I believe was a new Cadillac SRX Crossover, Red.  I motioned for the man to get out of his car and talk to me which he did.  I immediately asked him what he thought he was doing.  He responded that I couldn't have my sign in the public right of way.  I explained that I didn't have it in the right of way and that it was off to the side on the landscaping, completely off the sidewalk and out of the right of way.  He responded that I couldn't put it there either, but gave me no other explanation. 

I asked "What gives you authority to vandalize my sign?" The man responded that he was a member of the local board.  He didn't identify himself, who he represented, or what he meant.  At the time, I thought that he must be talking about the local HOA board.  I asked if I could give him my contact information so he could send me the rules and that I would be sure to abide by them.  He didn't offer me his card, and he wouldn't even take mine.  Instead, he just shook his head moving around in a nervous, irritated manner and began saying that he could throw my signs in the trash just as the police could throw my signs in the trash.  As he's telling me this, he started acting even more nervous and irritated by my questions and at one point I thought he was going to back up into the traffic on Carmel Mountain Road.  He then turned and walked back to his car and began getting into it.

I again offered to give him my contact information to which he responded, "I don't have time for that."   I said, "But you have time to trash peoples signs."  He just shook his head and got back in the car and started to drive off.  Even worse was the manner in which he departed.  Instead of dealing with this in the kind of serious manner that it deserved, he just looked at me, smiled and waved good-bye.  He never identified himself, and I guess he thought he was just going to drive away....I guess he did not realize that I wrote down his license plate number. 

I retrieved my sign and put it in my car.  As I was leaving I noticed just across E. Ocean Air, on the same side of Carmel Mountain Road, there was a Keller Williams sign right in the middle of the sidewalk.  As I made a right turn down Carmel Mountain Road toward Highway 56, I noticed both a Keller Williams and a Prudential sign on the sidewalk at the corner of Carmel Mountain Road and Senda Luna Llena.  These signs were clearly in the public right of way where my signs were not.  Why the man decided to single my signs out for his outburst was beyond my comprehension.    I then made my way down to the intersection of Carmel Mountain Road where it turns into El Camino Real.  Though I had placed a sign on that intersection as well, it was now gone.  I assume that the same man did something with it as well.  I gathered the rest of my signs and headed home after a long day of real estate.

I contacted John Hokkanen, who heads up the real estate team and told him what had happened and gave him the license plate number.  He did some research and said he found a man who used that license plate as his email address and that it looked like the man, a Mr. XXXXXXXXXX, lived in the area.  John said that he also sent an email to this email address asking if this was the person involved with the sign or if he knew who had the red vehicle with XXXXXXXX license plate.   John gave me a couple of addresses that he said appeared to be related to the email address, and suggested that I might knock on some doors to see if someone might be able to tell me where Mr. XXXXXXXXXXX lived so that I could so advise the police and make it easy for them to go over and talk to Mr. XXXXXXXXXXX and see if he had my sign.

=================================

John was right - he had found the guy that did this.  The AMAZING THING? This guy (whose name has been excised to protect the guilty - at least at this point) is a member of the Carmel Valley Planning Board.  He was  "deputized" by the "Neighborhood Code Enforcement" program to be the eyes and ears of code enforcement for the area.  I've reviewed the documents for the neighborhood code enforcement program - they talk about being goodwill ambassadors, and handing business cards to the public when asked for identification.  So protocol wasn't followed by a longshot, and further review of the neighborhood program documents doesn't show sign enforcement as being on the list of enforcement priorities for the program.  The program appears mainly to be about health and safety and eyes/ears stuff (e.g., someone is mis-grading a slope or there's sewage leaking from a pipe or these trees are dangerously close to power lines, etc.)

WHAT DO YOU THINK MY AGENT SHOULD DO?  This guy can't be allowed to run amok and trash the real estate agents' signs.  We have not a clue as to why he went beserk with our sign, and he never explained it.

Let us know what you think we should do....We're thinking options might include: 1) going to the press; 2) going to the mayor; 3) going to the city attorney; 4) filing a police report against the guy; 5) ....... (you suggest).

Margaret Hokkanen, Carlsbad Real Estate

 

31 Comments on Someone Caught Trashing Expensive A-Frame & Sign - What would you do?

Hi Margaret:  I can easily see why you are frustrated.  I live in Fort Worth, and recently the State of Texas passed a law banning all road-side signage.  They are mostly there on weekends... the builder's directional signs comprise most of them.  But, there are some other signs... just with block letters... that some Realtors plaster all over the roadways touting their services.  All of these signs, probably including signs like the one you mentioned in your post, are now illegal.  It used to be that for anyone to be fined, they would have to be caught in the act of putting the sign up.  Now, whoever's phone number or name that is on the sign is liable for a fine.  And... anyone who wants to... can stop and pick up the sign, and do whatever they want to... probably trash it.  It is encouraged.  So... sorry you had the problem, but it is happening in other places, too.

02/01/2008 01:47 AM by Fort Worth Real Estate - - - Karen Anne Stone (RE/MAX Trinity)


Hi Karen,  If signage was banned, we wouldn't be putting it up.  But if it is legal, and it is (as long as you keep it out of the right of way), then people aren't supposed to mess with the signs.  We have communities like Rancho Santa Fe where signs are completely banned, and even in Carmel Valley like Del Mar Highlands.  But we have great signs, and for whatever bizarro reason, this guy decided to single ours out.  Go figure.  Our only question is what is the next step for us?

02/01/2008 01:52 AM by Margaret Hokkanen → Carlsbad Real Estate (SurfTheTurf.com)


Hi Margaret- I don't see you including an option to write to the Carmel Valley Planning Board, reporting the behavior of their "neighborhood ambassador."  Don't you think that might be a good starting point?

02/01/2008 02:09 AM by Marilyn Katz - Westport, CT Real Estate (Prudential Connecticut Realty)


Margaret... My thought would be to take him to small claims court, and if you win, publicize it.  If they are legal, and this goof is just being a vigilante, something needs to be done.  Best of luck to you !

02/01/2008 02:10 AM by Fort Worth Real Estate - - - Karen Anne Stone (RE/MAX Trinity)


Go after him with full force.  You let him get away with it he will do it again.

02/01/2008 05:30 AM by Chris Frantz (Exit Success)


I doubt you have damages that warrant Small Claims; however, I would report his activitings "under the color of his authority" to the government entity that created or sanctioned his quasi position as they need to strip him of his badge....you position is that the expensive sign is personal property and that you could have detained him and had him arrested OR taken his picture with camera phone and gone directly to police and filed a complaint!!

02/01/2008 07:56 AM by Wallace S. Gibson CPM (Gibson Management Group, Ltd.)


you attempted to talk to him and he does not seem like a rational person - I would do ALL OF THE ABOVE, including turning it over to the police! We pay for these signs and if you are putting them where it is allowed, who is he to take them down? I would definitely do all of your steps! Send a message! This is not going to be tolerated!

02/01/2008 10:17 AM by Bill & Barbara Jo - Florida Realty Professional - AHWD (Charles Rutenberg Realty)


A call or letter from the seller that you're representing might go a long way with the authorities.

Where I am signage in the public right of way (including the utitlity servitude in front of the house) is considered trash and is fair game for the sign vigilantes.  On the other side of the coin, however, I see old real estate signs littering the landscape well after a home is off the market or the open house is over.

02/01/2008 11:04 AM by Don Stern ~ Greater Baton Rouge Real Estate (Coldwell Banker Mackey )


At the very least I would report the whole incident to the Police Dept. You should have done that right away at the time it took place.

02/01/2008 11:13 AM by Hank Roeters (Platinum Partners Realtors)


Margaret - I believe I would have made an information only police report, just to document the incident.  If your agent was a female, alone in her car, I would probably not have recommended that she stop and confront the perpetrator - but fortunately, no harm done.  I would guess that his actions constitute vandalism both of your property and that of the owner of the property beyond the concrete wall.  I am not sure I would want an arrest, but the police should have the information about the incident and identification of the car and perpetrator in case there are other incidents.

Second I would make a written complaint with the agency that oversees the Planning Board (is that the Mayor in your area).  This man is a disgrace as an official and if he is appointed, he should be removed.  He was rude, he failed to identify himself or his authority, he vandalized private property and littered by discarding the sign on the property of another.  He obviously had no intention of solving any problem by contacting your office, although ID and contact information were on the sign.  And he was apparently very selective in his "enforcement" efforts - singling out your signs.  He should lose his job or position with the planning board.  If there was a legitimate question of an ordinance violation, he should have called your office to correct the problem or picked up the sign, placed it in his car and taken it to his office where you could pick it up and discuss the rules with an official.  He did neither.

Why are you asking us - my recollection is that John is an attorney. 

In any case, I believe the perp was wrong and his action should not be unchallenged before his board.  

Best wishes - always. Thank you both for all you do.

 

02/03/2008 03:49 PM by Ted Baker (Carmody and Associates LLC)


Yeah, John's an Esq., but he's one of those fire breathin litigator types.  (But he got out of that line of work.)   I thought maybe get some suggestions from someone else.  :)

We're beginning to make a little headway with the offender.  I'll relay more details once we see how it all plays out. 

Margaret H.

02/04/2008 01:05 AM by Margaret Hokkanen → Carlsbad Real Estate (SurfTheTurf.com)


Margaret,

Look closely at what Karen Anne Stone is saying.  It may be illegal to place your sign where it was.  Many communities have ordinances on the placement of off-property signage.  Call your municipality and see if it has such ordinances.  You state that your sign was not in the road right-of-way.  I suspect that it probably was since rights-of-way are usually wider than the actual improvements seem to indicate.  But, assuming your sign was not in the right-of-way, who's property was it on?  Did you get permission to place your sign on that private property?  Make sure you have a strong case for the correct and legal placement of your sign before you pursue the ideas mentioned in other responses to your posting.

02/04/2008 02:33 PM by Bill Schwent - Santa Fe broker (RE/MAX Capital)


Vandalism is vandalism... and throwing your sign was just that.  Report it to both the police and to his Board-- before informing the newspapers.

02/04/2008 02:43 PM by Chris Hendricks (Chris Hendricks)


First and foremost, THE MAN SHOULD HAVE NEVER BEEN APPROACHED.  You have no clue who he is and he could have hurt someone, no sign is worth that.  The proper thing to do is write down the license plate and call the police immediately.  DON'T call 911, you should have the local police department's non-emergency phone # in your cell phone.  Call them, tell them what happened and tell them the license plate #.  They'll do the rest.

As far as Code Enforcement, they can probably enforce any code of the city, therefore the sign would most likely fall into that category.  But he can't just throw the sign over the wall, that's littering.  Also, he should have identified himself as code enforcement if that was the case.  I'm sure he obviously wasn't on duty and therefore probably had no right to do that.

02/04/2008 02:53 PM by Joseph Lang - Southern California Home Inspector (Pillar To Post Professional Home Inspection)


Margaret, I would have gotten the guys license number but not have confronted him.  He was clearly a bit of a nut case on a petty power trip.  I hope the HOA folks have a little chat with him.  And while they're at it, un-deputise him!

02/07/2008 10:22 AM by Patricia Kennedy (Evers & Company)


It seems to me that all of you are taking the wrong approach to this.  The question we, as Realtors, should be asking is:  was the placement of the sign either legal or appropriate.  The guy who removed it may have been rude, but think about the problem as he saw it; an illegal or inappropriately placed sign.  Now, think about this: if everyone who has a property for sale put out one or two (or more) off-property, directional signs, what would your street corners look like?  That is why so many municipalilties and homeowners association have banned all real estate signs.  We are often our own worse enemies.

02/07/2008 12:01 PM by Bill Schwent


Bill,  According to the agent, the sign was off the sidewalk and out of the right-of-way (usually 10 ft from the curb).  These guys have specific protocols they are supposed to follow, just like the police.  Specifically, they are supposed to take the sign and turn it in.  Also, when approached by the public, they are supposed to tender a code enforcement business card.  Third, they are supposed to be a good-will ambassador for the city.  In this guy's case, he didn't identify that he was with code enforcement, he didn't tender the business card, he wouldn't identify which code rule the sign was violating, he didn't remove the sign-he chucked it over the wall, and he certainly didn't act with any good will as he refused to take the agent's business card for further follow up (e.g., provide him with the rules).  In short, the guy was OUT OF CONTROL.  Why was he out of control?  We have not yet been able to determine the answer to that one.  But not to worry.  Next time we hold an open house, we'll be out-of-sight and on-the-scene with cameras.  Anyone messing with the signs is going to be prosecuted.  :)

If the HOA wants to ban all signs and negatively affect their own homeowners from being able to market their properties, I fully endorse their ability to do so.  If the short-term benefit of not seeing the photons bounce off the signs is better than the long-term benefits of higher values or quicker sales, then "GO FOR IT!" is what I say to the HOA.  Even though we do some of the best marketing in North County San Diego, there are areas that we simply will not pursue because it's too much of a pain.  Simply put, there are better areas to build a business.  And best of luck to their homeowners when it comes time to sell. :)

Margaret H.

 

02/07/2008 04:14 PM by Margaret Hokkanen → Carlsbad Real Estate (SurfTheTurf.com)


I'd give him a karate chop to the neck. That'll teach him.

02/07/2008 04:26 PM by Israel Barden (Coldwell Banker Mountain Gallery)


I agree with Joseph, your agent was lucky something terrible didn't happen to her.   And for what?  a sign?  Call the police and let them deal with it, they are the professionals for this.  I would advise your agent to not approach another crazy person!

02/08/2008 10:32 AM by Krista Fuchs Pennsylvania, Chester County Realtor (Prudential Fox & Roach)


It wasn't just vandalism but it was also littering - Do you have ordinances for that in your community? Let the police handle it and maybe write a letter to your local editorial page.

02/16/2008 07:59 AM by Shannon Aldrich ~ NH & Maine Real Estate Seacoast (Keller Williams Coastal Realty)


Wow, I definitely agree he mishandled this and you should follow through with this.  I hope you get some resolution.

02/23/2008 10:57 AM by Edward W. Lui - Georgetown Texas Real Estate (Lone Star Properties)


One thing you should also remember is that within certain communities or associations some roads are considered private, they clean them, maintain them and police them. So, make sure that their bylaws were not broken when you placed the sign in that location if you did you wight have been trespassing. Even then that man's behaviour was inexcusable.

02/24/2008 07:24 PM by Freddy Solis Bristow, Braemar Realtor (Jobin Realty)


In Toledo, OH and surrounding communities, all temporary roadside signs are banned, however there is an exception for Open House signs. Open House signs may be erected for a 24-hour period of time ONLY, then must be removed.

Any signs violating the law are taken by the proper authorites and the agent (or company if no agent name is on them) is then fined $75. I'm not sure if you can retrieve your signs if confiscated or not.

A frustration for sure, but I have used this to an advantage on occasion when talking to FSBOs, as they have signs EVERYWHERE. $75 times numerous signs can add up, so why not hire a realtor instead of donating to the local coiffers?

Glad you weren't harmed by the lunatic. I would make sure his board members know of his behavior, as it sounds as though it is only a matter of time before he does soemthing even MORE stupid.

Warm Regards

02/28/2008 10:08 AM by Dee Nofziger, Toledo OH Real Estate (Danberry Co., Realtors)


I would report him to the police.  Vandalism is still wrong.  All he would have to do is identify himself properly and ask you nicely and you would be able to make a decision from there.

 

02/28/2008 11:22 AM by Stella Barbour - Real Estate Agent - Serving Northern Virginia (Jobin Realty - Real Estate Agent)


I would go to the Town Supervisor or Mayor and speak with them.  Make sure you are in the rights as far as the sign laws, and then I would put in a complaint to the municipality.  Who knows this could have happened to others, or lets put him on notice in case it happens again.

02/28/2008 11:34 AM by Susan Jackowski Orange County New York (RJ Smith Realty)


Sounds like he was caught with his hand in the cookie jar.  You left him speechless.  Only a nutter would freak out about a sign without calling or answering your questions.  I don't think I would have approached him.  If your sign was legally placed, I would let the police know about his behavior.

 For a moment, I thought the punch line was going to be that he was an agent at another company. 

02/28/2008 04:38 PM by Sandra Carlisle, Realtor - Newport Beach - Corona del Mar (First Team Estates)


Yeah, I also thought for a moment that he would turn out to be another agent ... or a competing seller!

02/28/2008 07:38 PM by Dee Nofziger, Toledo OH Real Estate (Danberry Co., Realtors)


If the problem persists you can always move to the inland empire. I will represent you in your next home purchase. I also promise to keep all four eyes on your open house signs (for a small fee of course)

02/29/2008 01:17 AM by Anthony Saunchez~ Inland Empire & Hi Desert Real Estate (Summit Realty Group)


I would turn him into the cops.  Who in the right mind would do that kind of thing.  I feel bad for you agent.

03/05/2008 11:47 PM by Ryan Vivo, Realtor Solano County Gateway Realty (Gateway Realty)


You should think about keeping a trunk full of my inexpensive real estate signs on hand at all times and replace them as fast and nuts like him throw them away.  I would also have the pepper spray we sell for agent protection in hand next time I approach a nut case like him.  You never know what you could be up against.  Although he's good for businesses like mine, cities and counties are getting way out hand with their petty ordinances.  For now, all laws should be relaxed to give real estate the opportunity to sell.  When we're back into the prosperity years again, they can perhaps think about returning to their bureaucratic ways. 

www.RealtySignBrokers.com  The largest selection of stock real estate signs on the planet.  Mention this comment and save 20%.  

You can also tell everyone what you think face to face with Video E-mail.

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Regards . . .

06/24/2008 11:58 PM by Randal Spence


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Real Estate Agent: Margaret Hokkanen → Carlsbad Real Estate (SurfTheTurf.com)
Margaret Hokkanen → Carlsbad Real Estate
Carlsbad, CA
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