Businesses spend hundreds of thousands of dollars to have professional signs made to advertise their store fronts only to have Code Enforcement tell them they cannot use the signs, or even more appalling, in one case CE took the sign from private property (without warrant and affidavit) and immediately threw it away in a dumpster.
Melbourne Leads by Example
On December 15th Florida Today published an article about the City of Melbourne possibly relaxing the sign codes they adopted last April in an attempt to help Mom and Pop businesses get through this rough time in our economy.
On December 15th Florida Today published an article about the City of Melbourne possibly relaxing the sign codes they adopted last April in an attempt to help Mom and Pop businesses get through this rough time in our economy.
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| Empty Plaza Quiznos Used to Occupy the Store Far Right |
The featured business owner of their story, Mr. Castillo, contacted F.A.C.E.O.F.F. last July after he was told by Melbourne's Code Enforcement that he could not: hang his banner signs over open bays, a certain percentage of his windows could not be covered by signage and he could not put his expensive feather flags out were patrons could see them. At that time Mr. Castillo was not only concerned about his business, but also about the business next door, Quiznos, who was also experiencing code enforcement problems for use of his signs.
Bye Bye Quiznos
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| Sign on Windows and Doors of Closed Quiznos Store |
Quiznos was located in the City of Melbourne on Babcock street in a new plaza with a substantial setback which hides it from patrons until they are directly in front of the building and past the entrance. The sandwich shop was the only business to open in the plaza. Melbourne code enforcement denied the owner his right to display a yard sign for his business.
It is sad to say, but the business has closed, leaving the new plaza empty and deteriorating before it ever gets used.
The Creeping, Crawling, Contagious Code
It is sad to say, but the business has closed, leaving the new plaza empty and deteriorating before it ever gets used.
The Creeping, Crawling, Contagious Code
Businesses on 192 in the County that have been affected by the creeping sign restrictions include, Envy Tailors and Dry Cleaning, A-1 Auto Sales, Wild 777's, New Addiction Tattoo, Georgia Carpet, Best Produce, Computer World, and Space Coast Nail and Beauty Supply.
In a letter written by Rob Macneil the owner of Envy Tailors and Dry Cleaning, he conveys the sentiment shared by local business owners throughout Brevard County about the sign code enforcement, how it affects their business and how they are treated by Code Enforcement.Rob called Bill Mick on Wide Open Wednesday and told his story.
Click to Listen: Rob's Story at 21 Minutes
Letter of Experience
My name is Robert Macneil, owner/operator and CEO of Envy Tailors and Dry Cleaning located at 3259 West New Haven Ave. Melbourne FL 32904.
Small business owners are infuriated by the County's new sign code ordinances and the manner in which they are being enforced. Hard working business owners of a busy area near the intersection of 192 and Minton/Wickham road, a vibrant pocket of small businesses, open their doors daily offering patrons everything from tattoos to cars, however, ridiculous sign codes are making things more difficult for them to keep their doors open.
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| Envy Tailor and Dry Cleaning Located 192 Brevard County |
My wife and I started our business 4 years ago; we are successful. We work hard 6 days per week providing a quality service.
Our customers are wonderful!
We do all the Brevard County Sheriff patches, and alterations for the Melbourne Police, State Police and Melbourne Fire Department.
Our customers are wonderful!
We do all the Brevard County Sheriff patches, and alterations for the Melbourne Police, State Police and Melbourne Fire Department.
The plaza we are in was destroyed by a hurricane in 2004. It was empty for 3 years, a blight on the community. The owner fixed the building up and now there are 5 businesses in the plaza, each bringing business and revenue too this town.
My wife and I are extremely angry, frustrated, and confused about a series of events led by the midget, dysfunctional sick erratic Mark Herold of Brevard County code enforcement. We have a little 2' by 3' professionally made a-frame sign that we put on our grass every morning and bring in at night. The plaza is kind of set back, so the sign has been a tremendous help of getting customers in our door. Unlike a code enforcement officer who gets his pay check from the taxpayers of the County ($56,000 with benefits) our business depends 100% on the amount of customers that come in the door; if nobody comes in, we make $0. This is why it is so mind-boggling and upsetting to us that in May 2010, Mark Herold suddenly appeared and started bothering our plaza, telling us our signs are illegal.
Mark Herold wrote up a notice of violation (NOV) where the owner of the building was fined $1000 because the computer store owner, Abraham Bashir, (who has a wife and 5 kids) put his sign out again (he was told that it was illegal). A week and a half after removing the sign Abraham's business was reduced to 4 customers.
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| A-1 Auto Located on 192 Next to Envy Tailor and Dry Cleaning |
Also, my store got numerous complaints from customers saying they thought we had closed because they didn't see our sign (the one Mark Herold took).
Then I got permission from next door A-1 Auto Sales owner, Art and his son Ryan, allowing me to put my sign in his parking lot (Art owns the building and the land). The sign was not on the sidewalk it was even with front of the parked cars.
On November 17 around 4:00 p.m. Mr. Herold drove up in broad daylight, parked -illegally- on the sidewalk, ran out on Arts private property and stole my $300 sign. He threw it in the back of his Brevard County pickup truck, quickly got back in the truck, spun the tires and sped off.
I called Mark Herold 5 times, he never had the courage too return my calls. I spoke with his boss Wanda Sykes, she said he drove around and with no complaint issued, [on his own performing random inspections] stopped, picked up my sign, took it to the County building and threw it away.Then I got permission from next door A-1 Auto Sales owner, Art and his son Ryan, allowing me to put my sign in his parking lot (Art owns the building and the land). The sign was not on the sidewalk it was even with front of the parked cars.
On November 17 around 4:00 p.m. Mr. Herold drove up in broad daylight, parked -illegally- on the sidewalk, ran out on Arts private property and stole my $300 sign. He threw it in the back of his Brevard County pickup truck, quickly got back in the truck, spun the tires and sped off.
Is this Melbourne Florida or Nazi Germany? Click to See: A Christmas Grim
Then I spoke with Keith Alwards from Roads and Bridges, he said the sign is out behind his office and that they hold the signs for 30 days. Well, Keith and I looked and we couldn't find the sign. Keith was kind enough too call code enforcement and spoke with Mark Herold who admitted that he vindictively threw the sign in a dumpster, which was dumped that day.
My sign gone forever!!
This is just like someone coming into my home and stealing something from my living room or taking money from my cash register.It is the worst economy in 80 years and these idiots are trying too harm our businesses and take food off the tables of our families. I had an attorney look into the matter and because code enforcement falls under administrative law (policies written by County staff and voted into action by the County Commissioners) there is no way to seek redress through the court system until all administrative avenues have been exhausted.
I will not rest until we get rid of these sick individuals. I guess they want too get rid of all the small businesses so the town will look like the ghost town Titusville is becoming.
My friend Mark Rothstein owns 3 Metro PCS phone stores in the area, one of his stores is on New Haven Avenue and sits in a plaza with 8 stores; 6 are empty. He put out 2 beautiful professionally made banners to attract customers and code enforcement made him take them down.
Code enforcement in this town sickens me, my wife, and over 2 dozen other small business owner/operators. Lets all work together and get this evil away from us for good and restore our property rights.
Thank you for listening too my story, I hope this never happens to you!
Rob MacNeil
Help Us . . . Please
In November Mr. MacNeil contacted Commissioner Infantini's office in search of help, but he was told by her office that Code Enforcement was allowed to do what they did. They could not help him.
Rob sought legal consul through attorney (Miriam Pagan). She called County Commissioner Anderson's office on December 01, 2010 to ask about the sign stealing and spoke with Commissioner Anderson's aide who said she would check and see what is happening.
On December 02, 2010 Miss Pagan told Rob that Commissioner Andersons's aide, said that Mr. Herold was doing his job and could take the sign. Later, Miss Pagan spoke with Mr. Herold and he said there were complaints about the sign, that a single person had called 80 times to complain about the signs at the plaza. Code enforcement policy is that after 3 unfounded complaints they no longer respond to the call for a period of one year.
Looking at the code enforcement file the case was closed once and the file does not reflect 80 calls or 80 NOVs (notice of violation).
Rob dropped his attorney that week because her expertise was in criminal law not constitutional law, civil rights or property rights and he felt they were getting nowhere at his expense (lose of business and lawyer fees).
Looking at the code enforcement file the case was closed once and the file does not reflect 80 calls or 80 NOVs (notice of violation).
Rob dropped his attorney that week because her expertise was in criminal law not constitutional law, civil rights or property rights and he felt they were getting nowhere at his expense (lose of business and lawyer fees).
As things continue to heat-up, sign spinners working at the plaza witnessed Brevard County Code Enforcement officer Mark Herold patrolling the plaza approximately 3 times a day, creating a hostile work environment for all the business owners, the sign spinners and patrons.
Rob and the other business owners in the plaza asked FACEOFFBrevard to call Commissioner Anderson's office and request an appointment. Commissioner Anderson's office obliged and an appointment was scheduled for Tuesday December 14, 2010 at 4:00 p.m.
One week before the meeting on December 06, 2010 Commissioner Anderson contacted Bill Mick, well known talk radio host in Brevard County. Commissioner Anderson spoke about the Cocoa Recycling case (see the November blog story) and Rob's case.
Click to Listen: Andy Anderson on Sign Code Enforcement 26 Minute
As of December 23 2010, Mr. Herold was still patrolling the plaza and fanning the fire of irritation.
A day after meeting with Commissioner Anderson Rob went to the Sheriff department to file a complaint against the code enforcement officer for stealing his sign from private property. He was told by Sgt. Santos and his supervisor that he (Rob) could not file a complaint because "Code enforcement can do that."
A letter to State Attorney Norm Wolfinger about the events resulted in the following response:
Thank you for contacting the State Attorney's Office for Brevard and Seminole Counties.
Based upon the information contained in your e-mail, this is not a matter to be addressed in the criminal justice system. It is obviously a matter to be resolved administratively with the appropriate county officials. Whether or not the matter can be addresses as timely as one might like does not change the administrative nature of this matter. Your only other remedy may be civil, but that would involve a much longer time
and you would probably want to consult a private attorney.
Wayne Holmes
Chief Assistant State Attorney
Based upon the information contained in your e-mail, this is not a matter to be addressed in the criminal justice system. It is obviously a matter to be resolved administratively with the appropriate county officials. Whether or not the matter can be addresses as timely as one might like does not change the administrative nature of this matter. Your only other remedy may be civil, but that would involve a much longer time
and you would probably want to consult a private attorney.
Wayne Holmes
Chief Assistant State Attorney
What this means is that under Administrative Law and Policies "We The People" are at the mercy of our county officals; elected and appointed. This can hamper our right to fair and equal justice and redress of grievances (unless you are wealthy enough to hire a lawyer), not to mention we have no way to relieve appointed county officals of their duty.
After Christmas
Christmas has come and gone and wasting no time CEO Herold contacted the plaza owner, Mr. Thompson, a few days after Christmas to inform him that if Mr. MacNeil puts his sign anywhere in the county, to include his own yard, code enforcment could fine him, the landlord, between $1000 and $5000 for each day the sign is in non-compliance.
When asked for that ordinance, CEO Herold told Mr. Thompson he'd get back with him. No word yet.
When asked for that ordinance, CEO Herold told Mr. Thompson he'd get back with him. No word yet.
Lose of Profit
Rob compared his sales for this holiday season to each of the past four years and his sales were down 40% from any of those years. The computer store next door is experiencing the same drop in business.
Is This America?
Have we now become a society where a single person of several hundred thousands, living anywhere in the nation has the power to determine whether or not specific businesses can advertise on their own property? A society where vindictive people or business competitors can call code enforcement to get even or create a financial burden on a competitor.
This is a perfect example of how bad code enforcement policies and practices have a negative effect on the welfare of our community, which makes them in violation of themselves.
UPDATE
On January 25 F.A.C.E.OFF Brevard made a presentation to the Board of County Commissioners to relax the sign code to provide some financial relief to businesses in their advertising expenses. A resolution was drawn up but more time was needed for its review. In the interim the County Commissioners vote unanoumsly to waive permit fees for temporary signs until December 31, 2011 and to have F.A.C.E.OFF Brevard members work with the county to revise the existing code and to schedule a workshop.
At this time we are waiting to hear when the workshop will be scheduled and a date to go over the sign code with the county planning and development department.
February 08, 2011 F.A.C.E.OFF Brevard will be presenting a resolution that will give some extra relief of permitting restrictions and clarification of a-frame (sandwich signs) and feather banners as being temporary signs.
AS FOR ROB'S STOLEN SIGN
Rob requested reimbursement for his sign but was turned down by the County Manager, Commissioners Fisher, Bolin and Nelson because he was warned by code enforcement not to put his sign out.
Be forewarned, if your changeable copy sign (A-Frame sign) isn't placed where CE thinks it should be and you don't know where the proper place for it is, or don't have a permit for it, even though it is a permit exempt sign, don't be surprised if CE takes your sign without notice and discards it, then applies a different definition to the sign to justify the taking.
Attorneys agree, Rob has a case but it would cost more to prosecute than what money could be recovered. It is not cost effective for an attorney to take the case. With the desire to make money being stronger than the desire to protect our rights, CE will continue to use administrative policy to trample on our civil rights. So much for living in the land of the free and home of the brave.
C'est la vie America.
UPDATE
On January 25 F.A.C.E.OFF Brevard made a presentation to the Board of County Commissioners to relax the sign code to provide some financial relief to businesses in their advertising expenses. A resolution was drawn up but more time was needed for its review. In the interim the County Commissioners vote unanoumsly to waive permit fees for temporary signs until December 31, 2011 and to have F.A.C.E.OFF Brevard members work with the county to revise the existing code and to schedule a workshop.
At this time we are waiting to hear when the workshop will be scheduled and a date to go over the sign code with the county planning and development department.
February 08, 2011 F.A.C.E.OFF Brevard will be presenting a resolution that will give some extra relief of permitting restrictions and clarification of a-frame (sandwich signs) and feather banners as being temporary signs.
AS FOR ROB'S STOLEN SIGN
Rob requested reimbursement for his sign but was turned down by the County Manager, Commissioners Fisher, Bolin and Nelson because he was warned by code enforcement not to put his sign out.
Be forewarned, if your changeable copy sign (A-Frame sign) isn't placed where CE thinks it should be and you don't know where the proper place for it is, or don't have a permit for it, even though it is a permit exempt sign, don't be surprised if CE takes your sign without notice and discards it, then applies a different definition to the sign to justify the taking.
Attorneys agree, Rob has a case but it would cost more to prosecute than what money could be recovered. It is not cost effective for an attorney to take the case. With the desire to make money being stronger than the desire to protect our rights, CE will continue to use administrative policy to trample on our civil rights. So much for living in the land of the free and home of the brave.
C'est la vie America.
