The Significance of Sign Permitting in The City of Miami Beach

MIAMI MIRROR TRUE REFLECTIONS
The Historic Adams Hotel, 2030 Park Avenue, on 20 December 2013 With Illegal Graffiti and Expired Architects Sign
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Average South Beach Sign Inspector
THE SIGNIFICANCE OF SIGNS the CODE COMPLIANCE DIVISION FACE OF THE BUILDING DEPARTMENT
December 12, 2013 UPDATE Jan 8, 2014 During the course of my perambulations about South Beach, I noticed numerous signs without permit decals affixed to them, as well as contractors and architects signs that did not bear license numbers as required by state law. I suspected that enforcement is selective or discriminatory. I contacted Miami Beach Code Compliance Supervisor George Castell about the matter. He is usually helpful and informative unless he knows I am about to write a report, and then he clams up. Other than telling me that enforcement requires a formal complaint to be filed on each address, and providing me with a copy of the sign ordinance, I found him to be uncooperative this time, unwilling to provide information that would assist the public in holding advertisers and regulators accountable, despite the fact that he likes to say that code enforcement depends on private citizen cooperation. That cooperation is apparently a one-way street. He knew the answers to my questions, but was apparently afraid to provide them, referring me finally to a spin doctor. I rely on my inductive reasoning from facts when people who know the answers refuse to answer.
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I could not help but wonder why some realtors, for example, bother to obtain sign permits when the law is obviously unenforced. If someone did complain, the realtor could pick up a permit for a particular sign, and neglect the rest of the signs, and even let that one expire without renewing it. At first I reasoned that the sign code was a trivial, low priority enforcement issue, and that the limited number of code compliance officers had bigger fish to fry. We used to see them walking around the neighborhood in the wake of the FBI arrests of corrupt compliance officers, but lately they are seldom seen, and then in cars looking at computers, not walking the alleys and streets as they did when the heat was on. The sign law may be trivial, and the permit fees small. The Finance Department said it does not know how much money is collected in the sign category, which is apparently not a category in its accounting system, and said that it would be very costly to ascertain the amount because an accountant would have to be engaged to account for it, but declared the total amount to be minuscule anyway. Of course fines for violations can run into serious money, into the thousands of dollars if code enforcement special masters and city attorneys are strict, but the public is as much in the dark about that subject and the extent to which fines are not assessed or discounted or written off as it is in the dark about the reason for the existence of so many persistent sign permit violations, some of them enduring for years if not months in high traffic areas, and why citizens have no access to the tools by which advertisers and their regulators can be held accountable. Sign violations should be obvious, but the requirement that the permits in the form of decals be placed on signs is not uniform, so the public is left in the dark about that too, and must file complaints about each sign and depend on Compliance to follow up and make the right decision. In any event, signs are obvious. The unevenly enforced or unenforced signage law is not insignificant, it is significant of the general attitude of the Building Department towards the enforcement all code requirements. Just as we expect the Police Department to enforce all the criminal law, whatever it may be, and not to blink at the commission of obvious crimes even though they be misdemeanors, we expect the Building Department to indiscriminately enforce the code it is responsible for instead of doing so selectively or randomly. The obvious absence of that enforcement in respect to signs is the Face of the Building Department. We can see the faade, but we cannot see inside the building under construction. An inspector claims that half the construction occurs without permits and inspection, so we do not know if it is up to code to protect the safety of the public.
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Finally, I have no complaints against particular violators. My complaint is that the Code Compliance Division of the Building Department is not proactively enforcing the code, and that the process itself is intentionally opaque. No doubt I shall be considered an enemy of the state for filing this general complaint and making the Constructive Suggestions directly below. David Arthur Walters
CONSTRUCTIVE SUGGESTIONS
1. Amend the temporary sign ordinance to require that permit decals be placed on or affixed to temporary real estate and construction signs, impose a mandatory minimum fine of $100 per sign for failure to do so within ten days after issuance of the permit, and provide that whistleblowers receive a fee of $50 for each violation reported regardless of the amount collected. 2. Ordain that a permit fee of $30 be charged for each real estate and construction sign. 3. Require that all receipts for permits be coded for subcategories of the general permit category, e.g., temporary construction sign, temporary real estate sign, etc, so that important details and totals may be readily and regularly reported. 4. Require that all receipts for fines be coded for subcategories of the general permit category so that important details and totals may be readily and easily reported. 5. Require that information on all temporary real estate and construction sign permits, and citations for the violation of signage law, be posted to the Velocity online permit system or some other system in such a manner that the public may readily ascertain what signs have been permitted without filing a complaint. 6. Consider modifying the regulation of construction signs along fences so that large advertisements otherwise not allowed may be permitted for additional permit fees.
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Ancient Twelve Tables of Roman Law
THE MIAMI BEACH CODE VIOLATORS MOTTO Everybody Does It, Everybody Knows It, Nobody Cares
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1620 Alton Road 12/11/2013

This sign, which has been at 1620 Alton road for many months, covers more than 25% of the window area hence may be not only unpermitted but in violation of city code. Some contractors, particularly unlicensed ones, do screen windows so passersby including inspectors cannot see construction activity within. Here the contractor proudly displays the contractor license number on his advertisement. The State of Florida has informed me that it does not enforce that requirement unless someone complains. And then there is no punishment since, according to a DBPR spokesperson, the objective of law is compliance not punishment. Absent punishment, or perchance a warning if someone complains, there is little or no compliance except from contractors who are proud to be licensed by the State of Florida. A license should still be checked for currency since it may have been suspended or revoked.
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11th Street & Washington Avenue SE Corner General Contractor & Developer
Code Supervisor George Castell said decals are not required for permitted construction signs. Hogan Brothers is also involved in real estate sales. Castell did not respond to the questions why decals are not required on both types of signs. He would not explain why only roughly half of real estate signs have decals affixed to them. He would not confirm or deny that the temporary sign code is not proactively enforced. He said that the permit decals are the permits themselves and must be applied to the signs. He declined to acknowledge the ambiguity of the code, which states that each sign will receive a permit, without expressly stating that the decal must actually be applied to the sign. Therefore it may be assumed that, if someone does not apply the permit decal, then the sign is not permitted and a violation has occurred. He would not identify what records are checked for the existence of permits. He would not provide me with access to the database used for that purpose. He would not comment on the idea that all permits and violations be posted to the citys Velocity online permitting system. He insisted that formal complaints be made and left in his divisions hands for handling. He was thus uncooperative despite his statement that assistance of citizens is needed to enforce code.
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Merry Christmas to noncompliance
404 WASHINGTON AVENUE SIGNS
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24 December 2013 The City of Miami Beach, like other cities in the United States, regulates the appearance of signage within its confines. Section 138-1 of the citys signage code states that, The purpose of this chapter is to permit signs that will not by their size, location, construction, number or manner of display, endanger the health, safety and general welfare of the public or the appearance of the city. It is also the purpose of this chapter to encourage signs that are architecturally aesthetic and compatible with the buildings they are placed on, to reduce traffic hazards and to preserve the right of free speech exercised through the use of signs. However, we have discovered that the Code Compliance Division of the Miami Beach Building Department does not regularly enforce the code in respect to temporary real estate and construction signs unless a private person complains. That is, the policy of the Building Department is selective enforcement. In other words, there appears to be a partial enforcement moratorium in respect to unpermitted signage. I believe that this policy in respect to signs that can easily be seen by the public is a sign of a similar policy in respect to enforcement of building codes which are not easily seen when and if implemented. Most tellingly, although real estate signs are supposed to have permit decals affixed to them, there is no such requirement for contractor signs, therefore the public cannot immediately see whether or not they are permitted. The city has an online permit system where permit records can be viewed. However, permits for signs do not appear there or elsewhere for online viewing; at least not to the best of my knowledgeCode Compliance officers have refused to respond to my request for immediate access to the database they may have. I had supposed that realtors may have pulled permits for many signs, such as the ones at 404 Washington Avenue here celebrated, but had failed to put the permit sticker on their signs . However, George Castell, Supervisor of the Code Compliance Division, said that there is no permit if it is not on the sign because the Code says each sign as to receive a permit. However that may be, Castell, whenever a person wants to know whether or not certain signs are permitted, courteously demands that formal complaints be filed via the city website even when the person does not wish to file a complaint against violators, and simply wishes to know if public officials are doing their jobs. And, people may be reluctant to file complaints because the most frequent complaint made by Miami Beach residents under the old regime was that they feared retaliation for filing complaints.
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Thus the system is kept opaque from the bottom up despite all the high-level rhetoric about transparency. Castell refers questions regarding the policies he follows to a spin doctor, whom I have not conferred with because I know that the first rule of city employment is not to criticize the city, and I do not need excuses for the hundreds of signs not in compliance. In my opinion, Castell, a devoted public servant who is a former U.S. Marine, is simply following orders, as are his Code Compliance officers. They are certainly not to blame for implementing a policy of noncompliance undoubtedly condoned if not devised at the highest level, i.e. by the citys manager, mayor, and commissioners. Perhaps the high officials will have the signage code repealed at the behest of the new mayor, businessman Philip Levine, whose opponent in the bitter mayoral race, former Commissioner Michael Gngora, proudly touted his efforts to regulate signage. However that may be, I take this opportunity to wish Noncompliance a Merry Christmas. May all violations be forgiven.
THE SO-CALLED LAW

Miami Beach, Florida, Code of Ordinances >> Subpart B - LAND DEVELOPMENT REGULATIONS >> Chapter 138 - SIGNS >> ARTICLE I. - IN GENERAL .
Sec. 138-136. - Real estate signsMultifamily, commercial, industrial, vacant land. (a) Real estate signs located in multifamily, commercial, or industrial districts, are signs advertising the sale, lease or rent of the premises upon which such sign is located. Sign copy with prices is prohibited. (b) There shall be a maximum of one real estate sign permitted per street frontage. (c) The sign area for a multifamily sign shall not exceed four feet by four feet. The sign area for a commercial/industrial sign shall not exceed four feet by six feet. (d) Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located. (e) Special conditions for these real estate signs shall be as follows: (1) Real estate signs are not permitted on windows of apartment, multifamily buildings or individual offices. Detached signs shall have a setback of ten feet if lot is vacant, three feet if lot has improvements. Sign may be placed on structure or wall if structure or wall is less than three feet from property line. Height shall not exceed seven feet. (2) Only the information permitted on single-family residential real estate signs plus the following information may appear: a. Zoning information. b. Size of property and/or building. c. Permitted use of property. (3) No signs are permitted on public property. (4) Flat wall signs may be substituted with banner type
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signs. (5) Each individual sign shall receive a permit from the license department which shall charge a fee per sign as provided in appendix A. Shall receive a permit is interpreted by George Castell, Code Compliance Division Supervisor for The City of Miami Beach Building Department, to mean that the permit, in the form of a decal or sticker, must be affixed or stuck to the sign. Wherefore it follows that any real estate sign covered by the ordinance that does not bear a decal is not permitted, and will be awaiting a decal until it is received, and the violation will be cited only in the unlikely event that a private citizen complains that the sign has not received a permit decal during the indefinite enforcement moratorium period wherein public officials ignore obvious violations as a matter of policy. The existence of the enforcement moratorium is inferred from countless violations ignored; and it is supposed that since the city manager, the city mayor, and the city commission have been informed of the plethora of violations, and have done nothing about it, that they condone, for reasons they have declined to reveal, the lawless behavior at question. It is the belief of this author that this policy, superficial as to signage, is significant of a disregard of more substantial law by city officials charged with enforcing it.
IMPORTANT NOTICE
THE PUBLICATION OF THIS DOCUMENT IS NOT INTENDED AS A COMPLAINT AGAINST ANY PRIVATE PERSON OR ENTITY THAT MAY OR MAY NOT BE IN VIOLATION OF ORDINANCES AS TO ITS SUBJECT MATTER, NOR DOES ITS AUTHOR EXPECT PUBLIC OFFICIALS TO WAIVE THEIR SOVEREIGN RIGHT NOT TO TAKE THE INITIATIVE WHEN THEY WITNESS OBVIOUS VIOLATIONS, AND TO BLAME SOMEONE ELSE FOR COMPLAINING WHENEVER CALLED UPON TO ENFORCE CODE.
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1034 Michigan Avenue, 11 December 2013, no permit decal
ONE OCEAN BY JORGE PEREZ
1 Collins Avenue by Jorge Perez Unlicensed Commercial Interior Designers Advertised (L)
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Advertisements for this ONE OCEAN project covering three sides of block were not permitted according to the citys online Velocity Permitting website as of 6 January 2014. They were eventually obscured by an temporary construction fence with a plain green wraparound. That fence did not appear on the city website as of 6 January 2014. In December I asked Code Compliance Supervisor George Castell about it multiple times. He said he would check with Planning, but he did not get back to me, and when I followed up for the fourth time, he said he filed a complaint for me on that request, which I had not authorized; my complaint is not against violators but against public officials for not enforcing code, and for requiring private citizens who do not have access to the opaque system to do their jobs to make sure the laws are complied with.
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11TH & Washington sign permitted but not sufficiently set back from property line
900s West Avenue. No License Number. No Permit
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2000 & 2003 Park Avenue Expired Sign, Graffiti
Meridian off 6th Street 11/30/13 (L) and Michigan and 6th Street 11/29/13 (R)
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No License Number. No Permit. The construction sign on fence has been cited upon complaint and removed twice prior to construction Stripey is a development company i.e. the image on right is a real estate sign without a decal
950 Pennsylvania Avenue 11/25/13 No Permits. No License Numbers
1321 Pennsylvania Avenue 11/30/13
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n 550 11th Street No Permit
36 Ocean Drive 11/30/13 No Permit
304 Ocean Drive 11/30/13 (L) and 335 Ocean Drive 11/30/13 (R) No Permits Page 17 of 75
5th Alton SE Corner Lot for sale No Permit December 2013
321 Ocean Drive 11/30/13 Freestanding sign No Permit Decal & not setback 10
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No Permit
222 Ocean Drive (L) Near 748 Euclid (R) No Permits
Typical Expired Permits 12/22/2013
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700 Euclid Avenue, Sign on side, sign near front door
1035 Euclid Avenue No Permit DC Services & Stripey Real Estate Development Again No construction evident
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920 Euclid Avenue and 929 Euclid SOBE Properties does not use decals
945 Jefferson Elliman sign over 7 ?12/11/13 - Elliman office on Ocean Drive with sandwich sign
945 Jefferson Miami Mirror Prize Loveliest Person On Sign EWM has one unit therein, Jonathan Batchelorsaid 12/8/2013 that an outside expert sign company handles signage for all cities. Information requested from him and Nancy on 12/11/2013
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945 Jefferson 12/10/2013 Jonathan Batchelor at Open House Jan 6 For Rent sign outside
1030 Jefferson Regatta does not use permit decals Compliance officer across street Dec 2013
1020 6th Street No Permit December 2013
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430 20th Graffiti
430 21st 12/6/2013 No License Number. Graffiti.
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Yet another DC Services et al advertisements wrapped around property.
Comras habitual violator at Entrance to Continuum (L) Near Collins Park (R)
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910 West Avenue, 13 December 2013 (L) Alton Road Office Depot (R)
5th and Meridian NW Corner, and second sign on 5th 12/5/2013
900s West Avenue project & 1000 5th Street office building 12/5/2013 Comras Signs
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Absent License Number - OK if government partner?
1234 Washington Avenue Expired 2009
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234 Washington Ave Expired 4/13
5th Wash NE Corner No Permits
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One of numerous signs at apartments controlled by David Muhlrad, who was the first code compliance director, have expired, and several other properties have not had decals. George Castell was prompted to contact Mr. Muhlrad. Castell did not acknowledge the request. These signs up for years despite vacancies within, and are probably prohibited general advertisements, or deceptive bait and switch ads.
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Ex: The Residences, Permits Expired or No Permits on new signs everywhere 12/21/2013
Permit in center expired
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234 Jefferson 12/17/13 permit expired 10/12 Compliance Officer Madariaga was asked if he saw anything wrong with the sign. He did not reply.
Lot north of 5th & Jefferson Shell Station 12/17/2013 no permit, higher than 7
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Corte Real Estate Sign no permit at 1610 (Michigan)? 12/30/13
Sample Valid Permit Decal
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Comras No Permit ever
No License Numbers G.T. Mc Donald & G 3 C
No License Number
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No License Number for Architecture
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11th Washington NE Corner above 4 signs probably not permitted Dec 2013
81 Washington Ave (sign on 1st St Side) no permit decal & graffiti 1/1/2014
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49 Collins 12/29/30 on fence, parking lot for sale, not a construction fence, est. 144 sq. ft. without art Notices on top sign are regarding application for approval of construction of a 4-story parking garage
Alton & 5th SE corner for sale $22 mil- Marcus Millichap no permit decal 12/29/30
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800 West Avenue has a contractors sign draped on it without a license number, Dec 2013 reading CONCRETE RESTORATION AND STRUCTURAL REAIRS DIVISION FLORIDA CONTRACTORS 954-961-9978 WWW. GEFLORIDACONTRACTORS.COM The Condo Assn is in hot water with the Special Master Court
91 Collins Ave advertising Jorge Perez 1 Collins and 801 South Pointe projects
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801 South Pointe permit applied on 1 Collins was voided there no permit at this address -- far too many square feet of ads on two sides of block: approx 300 sq. ft. on Washington, approx 600 sq. ft. on South Pointe - Maximum allowed by code is 75 sq. ft. per side. Sales office at 91 Collins is not part of 1 Collins project. December 2013
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Lummus Park across from 530 Ocean - No License Numbers, Permits?
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CORRESPONDENCE WITH CITY
Kings Philip, David, Edward I
9 January 2014 Mayor Philip Levine CITY OF MIAMI BEACH RE Final Gallery of Shameful Signs of Maladministration Honorable Mayor: Greetings! I see from our images that we have something in common although mine is more common than yours. A little bird tweeted me from the Tuesday Breakfast Club meeting to say that a gentleman unknown to me raised the subject of the lackadaisical enforcement of our citys signage code. I was somewhat astonished by the tweet because I thought I had a monopoly on complaining about signs, or rather about an administration that refuses to proactively enforce signage law. Some businesses abide by the laws whether or not they are enforced, while some are ignorant of the law or incompetent. But many businesses scoff at any law that is not enforced.
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Of course violators may be cited if someone complains, but complaining, which is the lever of civilizations progress, is discouraged by retaliation from scofflaws and official bullies. After I said that I had no complaint against specific violators but against the bureaucracy, my name was entered as complainant on several formal complaints. Here below you will find a link to the final update of my photo gallery on the signage issue. My complaint is not against any of the violators but against the official neglect that I believe has been condoned or even ordered by the highest officials. I thank you in advance for anything you can do to improve the city. Best regards, David Arthur Walters
23 December 2013 George Castell, Supervisor Code Compliance Division Re: Feedback on Realtor Apartment Rental Signs Mr. Castell, I hope you are on a pleasant holiday at this writing, and do not receive this letter until 2014. Now here is a strange twist to our exchange on sign permits: I have received feedback that the ordinance you sent me (Article IV.Temporary Signs, Section 138-135,136) regulating temporary signs for real estate signage does not even apply to the signs realtors place in front of apartment buildings, because those signs are permanent and not temporary signs. That is, I am informed that the signs are installed on the properties indefinitely, without regard to vacancies, and often serve as bait-and-switch advertising. That is, they are general advertising signs not specific to any particular property. I have in fact noticed that some signs have been in place for many years. *Editor: Code prohibits general advertising signs: Sec. 138-73. - General advertising signs. No general advertising sign shall be constructed, erected, used, operated or maintained in the city.+
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In some instances, such as the one I wrote to your compliance officer about (634 Euclid see above and below), the realtor said he has nothing to do with the property on which the sign is placed, that he just pays a small rental fee. Since I spoke to that realtor, however, I was informed by a tenant residing in that property that I may have been put off because I am an Americano, and it is a cash-and-carry rental property for paperless tenants only. That realtor eventually placed a permit decal on the sign, now expired. I am informed that some realtors get permit decals for their signs because they are unaware that they are not required, or purchase a few permit decals for their permanent apartment rental signs simply as a courtesy to the city. Having examined the dates on the decals, I find very few dated prior to the most recent corruption scandal. And there is apparently an enforcement moratorium policy condoned by the city manager and commission on all types of signs in the absence of complaints since the corruption scandal. I know that you, sir, a Marine, would keep things ship-shape if you did not have orders to stand down. In any event, I simply do not believe that you would send me an ordinance that does not apply to the realtor signs in front of apartment buildings as if it did apply, so I pray that you will clear up what must be a misunderstanding after accepting my apology for seeing things that might not be there. David Arthur Walters
APPENDED
The letter to Emmanuel Bastos below mainly addressed the horr id 50 signage on the fence on the lot next to north of 625 Meridian Avenue, OCEAN BEACH ADD NO 3 PB 2-81 LOT 11 BLK 58, advertising DC Services General Contract. That company has erected its ugly signage around other lots, bearing not only its logo but advertising related companies, and also fastens signs on building bearing its name, but no license number, and Stripey Real Estate Development, a related developer, with no permit decals, which Compliance officers ignored because of the apparent enforcement moratorium.
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12 May 2012 Emmanuel Bastos Code Compliance Officer II CITY OF MIAMI BEACH Re: 634 Euclid Avenue . Speaking of permit numbers, as I mentioned, there is a sign in front of 634 Euclid Avenue that has been there for many years: Income Real Estate, 305-673-9999, For Rent. The apartments there are rented primarily for cash to paperless residents, which presented no problem to the community, but about two years ago a criminal fringe from Guatemala and Honduras began arriving, and there were drug issues. As I mentioned, Income Real Estate was called to see if it was responsible, and the broker denied all connection with the property, insisting it is a sort of come-on to induce people to call the number, and that the property owner pays some sort of rent for the sign. So the question arises is there a permit for that sign? APPENDED Ignored Constructive Suggestions for Signage 1. Amend the temporary sign ordinance to require that permit decals be placed on or affixed to temporary real estate and construction signs, impose a mandatory minimum fine of $100 per sign for failure to do so within ten days after issuance of the permit, and provide that whistleblowers receive a fee of $50 for each violation reported regardless of the amount collected. 2. Ordain that a permit fee of $30 be charged for each real estate and construction sign. 3. Require that all receipts for permits be coded for subcategories of the general permit category, e.g., temporary construction sign, temporary real estate sign, etc, so that important details and totals may be readily and regularly reported. 4. Require that all receipts for fines be coded for subcategories of the general permit category so that important details and totals may be readily and easily reported. 5. Require that information on all temporary real estate and construction sign permits, and citations for the violation of signage law, be posted to the Velocity online permit system or some other system in such a manner that the public may readily ascertain what signs have been permitted without filing a complaint.
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6. Consider modifying the regulation of construction signs along fences so that large advertisements otherwise not allowed may be permitted for additional permit fees. APPENDED EXCERPT Is the Miami Culture Stupid? An Essay on Cultural Nonsense (The Compliance Officer was Emmanuel Bastos) Now we might ask whether or not there would be a difference in the way Jews and Cubans would govern the city, and whether one way is better than the other. Good luck answering that one. The answer might depend on your taste, on what kind of food you like. A contractor is going around town saying that he is certain that I am a Jew because I wanted the building permit laws strictly enforced. He also said he was absolutely sure that I am a gay Jew. Well, I am not gay, and I do not know exactly what a Jew is. I know it is something that assimilated or lost Jews have difficulty defining. My stepmother, a thrice-born-again Christian, sat me down one day to tell me that my father was a secret Jew, to which I answered, So what? The Christians in Chicago prayed for me and gave me a sandwich, but the New York Jews gave me jobs. Cubans, or rather Hispanics, are supposed to be more tolerant because the most of them are Christians, and Christians are supposed to forgive sins wholesale, free of charge, whereas Jews have a procedure that must be followed. Yet I have found Jews to be tolerant of others if not of their own, perhaps due to their long history of persecution. Now tolerance is a big issue on Miami Beach. Why have violations of our ordinances and laws been tolerated for so long? Is it the economy, stupid, or is it the Miami culture? Is it because Cuban Americans, who hate the totalitarian methods of Fidel Castro, dominate the administration? Is it because Jewish Americans, who hate the totalitarian methods of Adolph Hitler, dominate the city commission and leave the city administration with the dirty work? My landlords maintenance man, a Cuban fellow, answered the question his way the other day in a stentorian tone after a code compliance officer stuck a notice on our building. Its the Americanos! he roared as he ripped down the notice. Only Americanos insult people this way. The Americanos have put notices on three buildings on this block. We would not do that! My landlord is a Cuban Hebrew. He spoke no English and was broke when he arrived in Miami Beach, where he said signs were posted in front of some buildings, reading For Rent No Spics. He took a busboy job to begin with, and now owns a nice home and several apartment
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buildings. He has managed all but one of his buildings quite well, the exception being his ghetto building. The situation there has greatly improved recently, thanks to the police department and code compliance. By the way, I am the only Americano there. Americanos do this! he exclaimed again, to which the handful of tenants, all Hispanic but myself, laughed out loud. I know the guy who wrote the ticket, I said, and he is not an Americano. He is a Hispanic American. He replaced the Cuban guy who was arrested, offered one of my Cuban American neighbors. They are cracking down, you know, because of the FBI. No, only Americanos do this, he insisted, and walked off in a huff. So much nonsense, but it is the sort of nonsense that we should consider because it does have an influence on our behavior.
10 December 2013 Walters to Castell
Mr. Castell, I am still awaiting an answer to my question regarding the sign decals you said must be on real estate signs. I see from the informal city instruction (below) that the decal "is to be affixed" but I do not see that requirement in the ordinance.
REAL ESTATE SIGNAGE WEBSITE INSTRUCTIONS How To Obtain a Permit 1. There are two types of real estate sign permits: - Single Family Residential (Sec. 138-135) - Multifamily, Commercial, Industrial, Vacant land (Sec 138-136) 2. Read the ordinance requirements for the type of sign needed. 3. Come to City hall and pay the associated fee for the specific sign. 4. Upon payment the requesting party will be issued a decal that is to be affixed to the sign EX: TEMPORARY REAL ESTATE SIGN ORDINANCE 138-135
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(5) Each primary sign shall receive a permit from the license department, which shall charge a fee as set forth in appendix A per primary sign. There shall be no additional charge for strip or "open house" type signs. Also since both real estate signage and construction signage requires permitting under the same ordinance, I do not understand why decals are not required to be placed on the construction signs as well, regardless of who handles the permits. Further, I suppose all sign permits and violations would be posted onto the Velocity online permitting system, but in my limited travels in that system I have yet to see any sign permits or signage violations, though I have seen noise violations posted. My understanding that the enforcement of signage ordinance is not proactive, but is reactive to complaints, and is of low priority in any event, has not been confirmed or denied. Thanks again for your assistance, and please accept my apologies for asking questions about these trivial details. I am drafting my report, and expect it to be completed by the end of next week. David Arthur Walters [Castell, in his final communication, insisted that the ordinance required affixation of permit decals to signs, referred me to a city spin doctor, and did not respond to my statement that the ordinance was ambiguous and should be amended.]
10 December 2013 Walters to Madariaga Mr. Madariaga, I understand that you sent a notice of violation out on the 36 Ocean Drive signage which has been there for a long time. I recall speaking to you some time ago, and believe you said that there are too many violations to be kept up with. I understand that signs have low priority, and there is no pro-activity in determining whether they are permitted or not. Would you mind sending me a copy of that notice, or a copy of the standard form you use? Also, please send me a link to the database you check to see whether or not signs are permitted, and where the records of violations are posted? I have checked Velocity online permitting, where would be the logical place to look for permitted real estate and construction signs, but although I have seen some noise violations, I have yet to see any sign violations or
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sign permits. As for 36 Ocean Drive, I see another kind of violation, and it appears the own got a pass on it. Thanks! David Arthur Walters [Madariaga did not respond]
7 December 2013 Walters to Echert Thank you, Ms. Echert, for taking your valuable time to respond to my inquiry. I am interested not only in real estate signs but in construction signs as well, as per the attached Article IV Temporary Signs Code. I suppose that the same goes for those signs, that the amount of money involved is miniscule or chicken-feed, as the saying goes, and it would be very costly to discover and report the revenue in that category. Is the following statement correct? "According to the Finance Department, revenue from temporary real estate and construction signs is miniscule, and the total amount realized is unknown and unreported, and cannot be ascertained without engaging a very costly accountant because the revenue from same is not categorized by the city's accounting system." May I also assume that the current total number of signs with valid permits is unknown, and that an accountant would have to be engaged in a very costly process to determine that number? Do you at least have available the grand total revenue realized for all signs for the latest, or would that number be very costly to obtain as well? Finally, if I thought the discovery of the figures I have inquired about was really worthwhile, is there some way I could gain access to your accounting system and database? I have over 40 years of bookkeeping and accounting experience in the private sector. I will check with Mssrs. Alborna and Castell on the practicality of the enforcement of permits where the fee is so small. It is my present understanding that the sign code is not enforced unless someone complains, and complaints are unlikely unless the signage is obscene or ugly.
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Very truly yours, David Arthur Walters P.S. Excuse me. I see 138.133 provides no fee for the permits required for construction signs. Does that mean temporary construction advertising is sign permit cost free? So that is why you did not mention it? And I suppose it is impossible to know the fines collected because of the inadequate coding policies. It seems that there is little or no enforcement and collection of fines but that is impossible for the public to know without filing complaints and tracking each process. The ordinance you supplied does not require permit stickers and the public has no access to the database. Accountability is inadequate. Maybe the money is miniscule but that is a major consideration ie accountability. An inspector told me e.g. that half the construction in this town is unpermitted. Who knows? I know when I reported some of it no fines were collected. I know that when transactions are properly coded and posted it is not very costly to generate reports [Echert did not respond]
6 December 2013 Echert to Walters Mr. Walters The permit fee for multifamily, commercial, industrial, and vacant land real estate signs is $15. [According to Schedule A of the Code, the fee is $25 - Ed.] The revenue associated with these permits is recorded with many other permit fees, so it would be very difficult to get a breakdown of how much revenue is derived strictly from the sale of this $15 permit fee. One thing is for sure, the total revenue would be very minuscule, as this is not a common permit we sell. It would be very costly to assign an accountant to review all revenue transactions in this account so we can pull the just transactions for this permit. Should you want the detailed information and wish to pay for the cost to provide it, please send a public records request to the City Clerks office. We would them give you an estimate which must be paid before we can start the research. Listed below [see Appendix] is the section of the Code which pertains to the rules associated with these permits. This section of the Code is given to each customer purchasing a real estate sign permit.
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Georgina P. Echert, Assistant Finance Director FINANCE DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7451 / Fax: 305-673-7795 / www.miamibeachfl.gov
4 December 2013 Echert to Walters Mr. Walters, We are gathering the requested information and will have it to you Friday. Georgina Echert FINANCE *The information would be no information+
4 December 2013 Walters to Georgina Echert, Finance Hello, You may have noticed my research on sign permitting and violations. I opine that if enforcement were more efficient, then cash flow would be augmented. But I may be blowing smoke through my hat. Do you happen to have readily available (free of charge to the public) any numbers on sign permit revenue? Like how much has been collected in a recent period? And any breakdown into types if that is done? Thanks!
5 December 2013 Michael A. Comras 1261 20th Street Miami Beach, Florida 33139 Dear Mr. Comras:
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Congratulations on your thriving business in Miami Beach. Attached please find photos of a few of your signs. I am conducting a study of signs subject to the City of Miami Beach signage law. I have noticed that all of your signs I have seen so far do not have a sign permit sticker on them. I am informed by Code Compliance that real estate signs must have permit stickers on them. As a matter of fact, half of the signs of all the companies I have tallied to date bear no sticker on them, or have expired stickers. I suspect that is because the ordinance is not enforced unless someone complains. Are you aware of the signage law? If so, do you know about the sticker requirement? Have you acquired the permits for all your signs? Has Compliance ever contacted you? How do you frankly feel about the signage ordinance? Do you believe it is worthwhile for the city to have the ordinance and to proactively enforce it instead of waiting for someone to complain? Your input will be appreciated . David Arthur Walters Investigative Journalist [Comras did not respond]
21 December 2013 Walters to Castell 21 December 2013, Dear Mr. Castell, As I mentioned on 4 December, permits for old signs on scores of properties owned or controlled by David Muhlrad, whom I understand was our citys first Code Compliance chief, have expired, and no permits at all have been affixed to several new signs. I suppose this is in accord with your divisions moratorium on sign permit enforcement unless someone lodges a complaint. I am not going to lodge complaints for what is likely to be dozens of violations, but I renew my previous suggestion that someone give Mr. Muhlrad a call so he can have his boy obtain the necessary permits. You might do the same with the manager of THE RESIDENCES company since many of its permits have expired, and new signs appear to be unpermitted as per the moratorium on enforcement. Another suggestion: amend the ordinance to authorize legal notice to be pasted in the form of a huge SIGN CODE VIOLATION sticker across the signs in violation. Best Regards, David Arthur WaltersBest Regards, David Arthur Walters
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by Flamingo Park near 13th
Miami Mirrors First Prize for Sign Proudly Bearing Contractor License Number
December 4, 2013 George S. Castell Code Compliance Administrator CODE COMPLIANCE DIVISION 505 17th Street, Miami Beach,FL33139 Tel: 305-673-7000 x 6776 Re: Suggestions re Miami Beach Sign Permits & State Cooperation
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Dear Sir: My deepest apology goes to you, Mr. Castell, for having interrupted your busy days to bring to your personal attention several sign issues instead of using the protocol established for filing complaints. I regret that I failed to make it clear over the past three years that my interest is not in filing complaints against persons but with discovering the reasons why anyone walking down the street with some knowledge of the ordinances will notice so many apparent violations on every street. I was recently informed by one of your code compliance officers that, since there are so many violations, it is impossible to keep up with them. Residents in my neighborhood noticed and appreciated a diligent effort to keep up with the violations in the wake of the most recent arrest scandal, and for a few months I noticed compliance officers on foot combing the area for violations. You may recall that you informed me on July 16, 2010, that We depend on people to keep us informed so we can enforce the law. People are generally unaware of the niceties of the signage ordinance. A South Pointe activist keenly interested in trash on the beach told me yesterday that the signage issue is trivial, that everyones attention should be focused on the imminent great flood. At times I too believe sign ordinance violations are too picayune to think about, at least until some huge obscenity appears. But the law is the law, and the sign law says its purpose is to prevent traffic hazards and ugly signs. Does that mean that compliance officers should ignore signs without permits if they think they are aesthetic and safe? Is the only penalty to have them taken down? Why should anyone bother to pay for a permit? Is that why half the realtors on one street are putting permit stickers on their signs and the other half are not? Yesterday I noticed a compliance officer sitting in his car, working on his computer, near huge signs without stickers. Just a few feet away from the window of his car was the sign of a realtor who apparently never puts stickers on the companys signs. Well, I thought, perhaps he looked up the addresses on his computer and found that permits are valid for the signs. That is why I previously asked you, so people could keep you informed, for the link to public access to the database compliance officers might use to look up the information, but I have not heard back from you on that yet. Just a causal walkaround will reveal scores of signs without permit stickers, or expired stickersby the way, I noticed stickers missing from many of David Muhlrads signs, and the ones with stickers have an expiration date of 7/13, so maybe someone should look that up and call him since he has dozens of signs in my neighborhood alone. Now it seems to me that, if stickers are required to be put on permitted signs, then there should be a fine for not doing so, whether or not the sign is removed. In any event, there should be at least a $20 reward for each invalid sign reported by a civilian. Without such an
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incentive, not many people would want to help Code Compliance do its job. And if all required permit fees were paid, along with certain monetary penalties when enacted, more money for your payroll would be made available. You pointed out to me that, the only temporary sign that requires a permit sticker is real estate signs. Construction signage is reviewed by Planning and Zoning but does not require a permit sticker (as does the real estate signs). I have an old copy of Miami Beach Code of Ordinances, Chapter 138 Signs. I notice that it covers both construction signs and real estate signs. I see no mention of stickers. If required, why would stickers not be required for contractors signs as well as real estate signs? Not to do so does not make good sense. That brings us to your suggestion in respect to the state requirement that construction advertisements bear contractors license numbers. Architects, by the way, are also required to place their registration numbers on advertisements. State law allows cooperation with local authorities to enforce that law which is rarely if ever enforced in this area due to a want of resources. Besides, the purpose for the law, I am told by DBPR communication specialists, is not punishment but compliance. And no, bounties will not be paid to whistleblowers. So why would anyone want to comply when nobody is punished? Some fool not familiar with how the law really works complains, so the sign is taken down, so what? Well, contractors and architects who abide by the law believe it is an important one and are proud when they comply. In my opinion, if that small but important law is broken, then the company, even if licensed, is more likely to be ignorant of building codes or negligent in major respects. I attach pictures of my First and Second Prize for South Beach signage. I shall send along my photo essay on signs when completed. Hopefully, it shall include your responses to this inquiry, for which I apologize if you find it annoying. Sincerely, David Arthur Walters Independent Journalist CC: Robert Santos-Alborna, Director Code Compliance Division Director and Deputy Director of Communications Department of Business and Professional Relations
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Miami Mirrors Second Prize for Construction Sign with License Number and Sign Permit
[Castell did not respond]
2 December 2013 Walters to Castell Mr. Castell, Oh, excuse me, I sent that one [photo of 36 Ocean Drive FOR SALE restaurant] to you by mistake - what a grand advertisement in upscale South Pointe. I have nearly complete an article with various photographs taken from streets at random where violations are probable. Please understand that my purpose is not to complain about violations if any but to explain why so many violations go undetected for months and even years due to lack of manpower to cover the vast area. And it seems that violations are apparently repeated by the same party e.g. the multiple, long DC sign off Meridian and 6th was taken down twice and is now up again. Was there a violation of not? It would seem that if the sign ordinance is violated with impunity, if people get off with a warning, then custom should trump the ordinance and it should be repealed rather than wasting everyone's time. It is with that in mind that you have my apologies for not going to the site and complaining. David [Castell did not answer the question nor comment]
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2 December 2013 Castell to Walters I entered a complaint in the system and it is assigned to Officer Madariaga to follow up. It will be on Officer Madariagas complaints list to follow up. Please refer to complaint XC14001641. David, Please use the Citys system on miamibeachfl.gov to report any code related complaints. The system does allow to upload photos also. CCO Madariaga, Handle this complaint and respond back with the outcome to all copied. Thank you MIAMIBEACH George S. Castell
20 November 2013 Alborna to Walters Good morning Mr. Walters. Everything described by Code Compliance Administrator (CCA) George Castell is on target and accurate. I would just like to add that in the event that you observe any violation of City Code, I invite and encourage you to call 305 604-CITY (2489). Unlike the305 673-7555, the 305 604-CITY number is answered 24 hours a day, and all the calls are recorded (for everyones benefit). If your complaint is regarding a noise violation, you will be immediately provided with a case number.
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If for example, your complaint would be regarding a construction site banner, the Dispatcher will assign the case to the Code Compliance Administrator on duty, who may contact you upon your request to provide you with a complaint number (XCs as the ones CCA Castell provided to you below). You are welcome to call either number, but we much prefer to funnel our calls for service through the 305 604-CITY for all the reasons described above and in that response is immediate. Of course, if you would want to speak with a specific CCA, then the 305-673-7555 remains at your disposal. I thank you for the opportunity to assist you. Should you have any other questions, please do not hesitate to contact either myself at the number listed below, or Code Compliance Administrator George Castell, at ext 6776. Sincerely, MIAMIBEACH Robert Santos-Alborn Director - Code Compliance Division
20 November 2013 Castell to Walters David, I just returned to work and have various emails to respond to. For the future please call in the complaints to the Code Compliance main line at 305-673-7555or online at miamibeachfl.gov (Go to the REPORT tab and click on a Code Violation). The system will provide you a reference number and the complaint will be processed. The complaint will be submitted to the district supervisor, who will then assign it to a Code Compliance Officer to investigate. I have multiple responsibilities to handle and it may take some time before responding to my phone messages so I dont want your complaint waiting on me when there is a process for complaints. As for sign, the only temporary sign that requires a permit stick is real estate signs. Construction signage is reviewed by Planning and Zoning but does not require a permit stickers (as the real estate signs). Also under the Construction Sign ordinance the contractor number is not required, however that may be something Planning and Zoning may require when they review it. I will provide you copies of the sections of the code below and the website is MUNICODE.COM if you would like to research any section of the code.
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The Code Compliance Officer are the ones that check and see if the signage is in compliance with the City ordinances or issue a violation if it is not. If needed then they research and reach out to Planning and Zoning reference clarification. I have entered complaints in the system which will go to the district supervisor to assign to the area officer. 36 Ocean Drive XC14001460 321 Ocean Drive XC14001462 335 Ocean Drive XC14001463 304 Ocean Drive XC14001464 As for the Blue van there is no code violation that we can enforce. Unless the individual is caught peddling or soliciting which is a code violation and when witnessed by a Code Officer a violation can be issued.
4 November 2013 George Castell Code Compliance Administrator CITY OF MIAMI BEACH Follow Up: Code Compliance Issues Dear Mr. Castell: First of all, I thank you very much for following up on several apparent code violations I brought to your attention since we met at the Las Olas Caf on 16 July 2010, and I took to heart what you said, We depend on people to keep us informed so we can enforce the law. We did not hit it off very well at the time. Just to show you how good first impressions are, I thought the nice new guy who attended the meeting, Raymond D. Vasallo, should replace you, but the F.B.I. arrested him. So you have my apologies for being a bad judge of character! Compliance officers have done a far better job since those troubling times, when I ultimately agreed with you that your departments enforcement was not selection, and determined it to be random instead. I just hope the coverage does not taper off now that the clamor has subsided.
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The compliance officer I most recently spoke with said that there are so many violations everywhere and so few officers that it is impossible to keep up with them all. Here again, public cooperation is important to your departments success. I still often notice what appears to be violation. I say appears because I do not know how to access the computer records that Compliance officers utilize, and, I am not altogether familiar with the specific application of the Code. I apologize for my ignorance. I will appreciate it if you send me an Internet link to the system you use. I will then inform the interested public of its location. There are a few items I have to follow up on: 1 OCEAN DRIVE Jorge Perez One Ocean Drive project, as we discussed, has a fence banner nearly all the way around the block advertising various businesses including but not limited to interior designers, and architects whose license numbers were not displayed on their signs as require by a state law that is not enforced from lack of state inspectors in the county, and lack of cooperation with your good facility, which is allowed by state law but has not been city ordinanced. The state regulatory agency told me that it does not fine businesses for not displaying license numbers on their signs because the law is merely to achieve compliance by asking business to make the display. This philosophy of compliance without punishment is widespread in other areas of the law, even the county ethics commission has cited it to me, and the laxity is one reason the law is not enforced and obeyed. I believe the license numbers are important and should be proudly displayed because the public believes when they see these signs that the contractor is legitimate. Further, the fact that contractors, including, I note, a major public works contractor for our city, have not displayed license numbers gives me cause to believe that, if someone does not comply with such an obvious, simple requirement, then they must be disobeying far more complex code requirements and thus endangering the public. As for the signage itself, you know that my interest is in obtaining some revenue for the city for the privilege of advertising. The massive advertisements around the One Ocean Drive project, in high end, high traffic South Pointe, was tastefully done. You said you were going to check with Planning to see if it was authorized, and I wondered how much revenue the city obtained for such advertising, for if it were little or none, then I would advance the proposition that codes should be changed to allow for collection of fees equal to fair market value for such advertising. Now the signage has been concealed by a blank screen, but is still visible to pedestrians on the sidewalk. The screen is interrupted by a huge, distasteful red-letter advertising covering the front of the restaurant property on the block, as follows: 36 OCEAN DRIVE I left a message with you about this property on Sunday, 27 October at 11:42 am. The huge ads are FOR SALE and PRAKRAS & COMPANY PREMIER RESTAURANT BROKER. Also SPICY INDIAN
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RESTAURANT COMING. Notice BCC 12030 dated 23 October is on the door for designation of the building as an unsafe structure due to expiration of the certificate of occupancy. I saw no permit stickers on the signs then or on 3 November. 321 OCEAN DRIVE There are two large contractors signs inside the fence COASTAL CONDOMINIUMS. I lef t you a voicemail about this on 27 October at 11:53 am, and nothing has changed as of 3 November. The fence conceals the contractors license number from public view. I saw no permit stickers on the relative new signs. Whether the signs are permissible without a permit I do not know. The contractor implies in its advertising on the fence that the project is a joint venture with OSHA. 335 OCEAN DRIVE
I left a message for you on 27 October at 12:00 pm about this hotel property, which has a sign above the front door: GPA CONCRETE ENGINEERING & REPAIR, G. BATISTA & ASSOC. There is no permit sticker on the sign.
304 OCEAN DRIVE

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There is also no sticker on this FOR SALE BY VINCE PELLEGRINI BROKER NATION sign. Of course there may not be a single violation in all the above except for the missing license numbers. One might think so since the conditions have lasted some time, two of them for a year or more. So it would be a good idea to find some means for concerned citizens to follow up on such items without wasting your time on what may be dead ends. THE BLUE VAN
An informant told me the peddler was arrested but was back out on the streets with a new tricycle peddling his wares according to his regular schedule. An informant told me police officers inspected the van he uses as a warehouse and parks with a handicapped permit the officers were observed having difficulty reading the vehicle identification number. The peddler was seen putting a cover on the meter when he moved the van. He was seen again recently with an obese well-dressed partner with a newer vehicle, a gray square back, used to offload merchandize to the warehouse van, so there may be a widespread organization I dont know. I have not personally seen him for two weeks, when he was making his regular run to the beach. South Pointe residents say they would not inform on him if he were not so rude, and did not block the sidewalk and dump things on it when working at his warehouse van. Finally, a woman who saw me taking notes on Ocean Drive approached me and asked if I wanted to buy a condo. I said no, that I was wondering if the signage was permitted, was just doing some chicken-shit work, nothing to worry much about. Somebody has to do it, she said. Indeed. Best Regards, David Arthur Walters P.S. I shall send Jimmy Morales a copy of this letter as he may have some idea of how to coordinate with the state DBPR on the license number issue.
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CORRESPONDENCE WITH STATE

15 December 2013 (COMMUNICATION UNACKNOWLEGED) Walters to Frady Beth Frady, Deputy Communications Director Department of Business and Professional Regulation 1940 North Monroe St. Tallahassee, FL 32399-2208 Subject: License Numbers on Contractor& Architect Advertisements Dear Ms. Frady, Below you shall find my record correspondence with you and Sandi Poreda, former Director of Communications, on the subject of the state requirement that the advertisements of contractors bear their state license numbers. Of course the same goes for the signs of architects. As you may recall, an article was published on this subject in our local newspaper, SunPost, along with photographs of several signs without license numbers. (PDF attached). In that article I expressed my opinionthat contractors who are unaware of such a simple requirement or ignore it because it goes unenforced are likely to be unaware of the more serious requirements of their trade such as building codes, or simply ignore them because there is no real penalty for violating the requirement under the state doctrine that the end of law is compliance not punishment. Why comply with laws where there are no consequences for violating them? The attitude I heard expressed among contractors licensed and unlicensed in the City of Miami and the City of Miami Beach can be summed up in the motto: EVERYBODY DOES IT, EVERYBODY KNOWS IT, NOBODY CARES
Of course contractors get cited now and then, but they consider the citations as mere traffic tickets, usually with little or no consequence, because enforcement officers,including the special masters of the so-called quasi-judicial magisterial arm of the building department, are kind to them. However, since there is always the possibility of large fines being imposed, random enforcement may and does become selective and conducive to corruption.
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It is as if the regulators and enforcement officers are not out to actuallyenforce the law but to promote compliance, perchance scapegoating someone now and then. And if some disaster occurs as a result of their neglect, they and their respective governmental entities enjoy sovereign impunity for damages and loss of life. Here is a link to documents and photos appertaining to my most recent study of signage as I strolled about the city for an hour or so. The issue seems trivial yet is of some gravity since it is demonstrative of local enforcement attitude. A law enforcement knows, felons often flock to where misdemeanors are tolerated. THE SIGNIFICANCE OF SIGNS the CODE COMPLIANCE DIVISION FACE OF THE BUILDING DEPARTMENT http://www.scribd.com/doc/191133414/The-Significance-of-Sign-Permitting-in-the-City-ofMiami-Beach As you know, the pertinent statute provides for cooperation between localities and the state in enforcing state requirements such as the requirement that contractors and architects advertisements bear license numbers. George Castell, a supervisor of the Code Compliance Division of the Building Department, has suggested that the city could require the license numbers to be placed on signs, and thus code compliance officers could enforce the rule. Whether that would have any effect would depend on enforcement, which is presently haphazard in respect to the signage ordinances already under the Building Departments jurisdiction. But at least it would be there in case someone wanted to validate it. Now I expect nothing concrete will come of this letter of mine, but I ask that you forward it to someone capable of acting on it just in case that is possible. Sincerely, David Arthur Walters Cc: Jimmy Morales, City Manager, City of Miami Beach Attached: Voluntary Compliance, Miami SunPost, Miami Mirror
30 July 2012 Walters to Poreda Thank you.

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30 July 2012 Poreda to Walters I believe you'll find the information you've requested in our annual reports online: http://www.myfloridalicense.com/dbpr/os/annual-reports.html
27 July 2012 Walters to Poreda Great. Any kind of performance y cost data will be useful. Regards,
27 July 2012 Poreda to Walters Mr. Walters, Enforcement is determined on a case-by-case basis. We'll get you a cost estimate as soon as possible for your public records request . 26 July 2012 Poreda to Walters Mr. Walters, You're more than welcome to submit a proposal for a "bounty hunter" to our office for review, but we are not using or seeking this type of services at this time
25 July 2012 Poreda to Walters Mr. Walters,
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In these situations, our focus would be compliance rather than punitive enforcement measures. Licensees would likely be issued notices or receive verbal warnings to come into compliance. Sandi Copes Poreda, APR Director of Communications Dept. of Business & Professional Regulation
25 July 2012 Walters to Poreda Thank you. Are you certain the use of qualified bounty hunters can beruled out? Also please describe or define the official standard for "necessary." And do you have statistics on enforcement for the last decade which I can sort by region? Mahalonuiloakokua.
25 July 2012 Poreda to Walters Mr. Walters, To my knowledge, the agency does not contract with "bounty hunters." Our general department policy is to prioritize compliance and to engage in strong but fair enforcement when necessary.
25 July 2012 Walters to Poreda Thank you. I know one paparazziwho is down and out, and he needs workto get his camera out of hock. By the way, in what situation would the official focus be punitiverather than on compliance? Another spokesperson, but for interior design, has said that that is the main focus for all violations. A local building permit expeditor, who has worked on the beach formany years, has also said that the practice is not to fine or arrest violators but to bring them into the fold. Can you speak to that? I am working on a story about a repeat offender who often announcesthat he has been caught a few times, but so what, nobody is going to do anything about it because everybody does it.
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I can see where signs would be the last thing on the list given theshortage of staff (as if the budgeters wanted to make sure the provisions are not adequately enforced)but everything else as well? There might be a great story there, in view of the facts I haveaccumulated. Your assistance would be greatly appreciated, Also, are bounties paid to violation hunters by your agency? I am inthe process of feeling out people to see if there would be an interest in forming an LLC called Dirty Rats LLC in which members could invest to conduct a whistle-blowing and informant business. Best Regards, David Arthur Walters
24 July 2012 Walters to Frady Beth, Is there a fine for not having the number on the sign? If so, how much is it? And if one contractor puts up say 22 signs, would there be a fine for each one? If so, would the state be willing to pay a bounty to a professional photographer for taking the pictures and signing affidavits attesting to location etc? David
17 July 2012 Frady to Walters The Division of Regulation has 5 investigators and 2 inspectors who are notsworn law enforcement located in our Miami District office. Beth Frady, Deputy Communications Director Department of Business and Professional Regulation 1940 North Monroe St. Tallahassee, FL 32399-2208
17 July 2012 Walters to Frady Thank you. Do you have inspectors driving and walking around lookingfor violations in Miami Beach? How many? I see this sort of violatingevery day just walking around, and wonder if it is
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indicative of laxstate enforcement in general (unless someone complains). I am thinkingif the task were delegated to the local code enforcement officers, whopatrol regularly, enforcement would be improved. David
17 July 2012 Frady to Walters Per Florida Statute Chapter 455.225 (1)(A) the Department, specificallytheDivision of Regulation, is charged with investigating any complaint thatisfiled if the complaint is in writing, signed by the complainant andlegallysufficient. Based off of this statute, our Division of Regulation acts primarily off of complaints submitted to the Department. We do havejurisdiction to initiate a case if we have reason to believe a licenseeisin violation of the statute or respective practice act, but to that end,wewould either need to witness the violation or receive informationindicatingan alleged violation. Thanks! Beth Frady, Deputy Communications Director Department of Business and Professional Regulation
17 July 2012 Walters to Frady Thank you. My role is not to complain about code violations. I amexamining your agency's enforcement of the code. In respect to theplethora of advertisements absent license numbers, please advise if theprovision is enforced without complaints being made, and exactly who has the authority to enforce i.e. to issue citations. David
17 July 2012 Frady to Walters Construction companies are required to provide their license number on advertisements, and the signs you referenced which appear near jobs construction companies are currently performing are considered a form of advertisement. If you would like, please feel free to send us the names of the companies and the locations where you allege the companies have not listed their license number and our Division of Regulation would be more than happy to check on it for you.
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APPENDIX
ARTICLE IV.TEMPORARY SIGNS Sec. 138-131. Generally. Sec. 138-132. Business signs. Sec. 138-133. Construction signs. Sec. 138-134. Election signs. Sec. 138-135. Real estate signsSingle-family residential. Sec. 138-136. Real estate signsMultifamily, commercial, industrial, vacant land. Sec. 138-137. Banners and balloon signs. Sec. 138-138. Garage sale signs. Sec. 138-139. Cultural institutions temporary banner. Sec. 138-140. Vacant storefront covers and signs. Secs. 138-141138-170. Reserved.
Sec. 138-131.Generally. (a) Temporary signs may be erected or posted and may be maintained only as authorized by and in accordance with the provisions of this article. (b) Temporary signs other than those affixed directly to a window and composed of paper, cardboard, plastic film or other similar material, shall require a permit as set forth in articles I and II of this chapter. (c) Temporary signs shall not be illuminated except for temporary construction signs. (d) For temporary signs six square feet or larger, a bond shall be posted prior to erection of the sign in an amount determined by the building official based upon the estimated cost of removal of the sign. However, no bond shall be required in excess of the amount provided in appendix A. The bond shall be refundable upon removal of the sign. (e) Temporary signs communicating noncommercial messages may be posted or erected in accordance with the sign area and number regulations applicable to election signs. (Ord. No. 89-2665, 9-4(A), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93)
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Sec. 138-132.Business signs. (a) Business signs are signs identifying a particular activity, service, product or sale of limited duration. (b) There shall be a maximum of two permits for the same premises within one calendar year for signs requiring permits. Window signs as described in subsection 138-4(6) shall have no maximum number. (c) The sign area for window signs shall not exceed ten percent of total window area. The sign area for nonwindow signs for a nonconforming business in a residential district is four square feet. The sign area for nonwindow signs for a business in a nonresidential district is 15 square feet. (d) Temporary business signs may be erected and maintained for a period not to exceed 30 days, except that the city manager may approve an extension of time for the business to erect and maintain such signs beyond the 30 days, after the manager finds that such extension is necessary to mitigate the impacts of public construction on visibility of, or access to, the business. Such extension beyond 30 days shall terminate concurrent with the termination of the public construction. (e) Temporary business signs shall be located only upon the lot in which the special use, activity, service, product or sale is to occur. (Ord. No. 89-2665, 9-4(B), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 94-2938, eff. 10-2-94; Ord. No. 2002-3348, 1, 1-30-02) Cross reference Businesses generally, ch. 18. Sec. 138-133.Construction signs. (a) Construction signs shall be located on the construction site. Sign copy may include, but not limited to, the project name, the parties involved in the construction and financing, their phone numbers, e-mail addresses, or web sites. Unit prices may be indicated in accordance with the provisions contained herein. Artistic murals or ornamental signs are permitted on construction fences surrounding the project site, subject to the provisions contained herein and design review approval. (b) There shall be a maximum of one construction sign per street frontage. (c) The sign area for window signs shall not exceed ten percent of total window area. The sign area for single-family signs is four square feet. The sign area for all other districts, shall not exceed one square foot per three linear feet of street frontage, not to exceed 75 square feet. The area contained in renderings, decorative or artistic portions of such signs shall be included in the sign area calculation, in accordance with the provisions herein. When unit prices are allowed they shall not exceed ten percent of the total sign area and numbers shall not exceed six inches in height. (d) Temporary construction signs may be erected and maintained for a period beginning with the issuance of a building permit and must be removed within six months from the date the area of new construction or substantial rehabilitation receives a temporary or final certificate of occupancy or a certificate of completion, whichever applies. However, any such signs shall be
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removed immediately if the building permit expires and construction has not commenced and/or if the permit is not renewed. (e) All signs shall be reviewed under the design review process. Construction signs may be flat wall signs, part of a construction fence, or rigid detached signs, affixed to posts or a construction fence. Banners are prohibited. Should the permitted construction sign be part of a construction fence, the size of the sign copy shall not exceed what is permitted under (c) above, however, a rendering of the project, or artistic mural affixed directly on a construction fence shall not be computed as part of the sign area. Unless affixed to a construction fence or an existing building, detached construction signs shall be setback ten feet from any property line. Maximum height to the top of a detached sign affixed to posts or a construction fence shall be 12 feet above grade. Maximum height to the top of a flat sign affixed to a building shall not extend above the second story of such building. (Ord. No. 89-2665, 9-4(B)(2), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 94-2902, eff. 1-29-94; Ord. No. 2002-3385, 2, 11-13-02) Cross reference Building regulations, ch. 14. Sec. 138-134.Election signs. (a) Election signs are signs announcing political candidates seeking public office or advocating positions relating to ballot issues. (b) In a commercial district or industrial district the number is limited only by sign area regulations. In residential districts there shall be no more than one sign per residential building or lot. (c) The sign area in commercial or industrial districts for campaign headquarters shall not have a sign area limitation. Each candidate may have four campaign headquarters which shall be registered with the city clerk. Other commercial or industrial district locations shall have the same requirements as for construction signs or real estate signs, whichever is larger. The sign area in residential districts shall be the same as for construction signs. (d) Election signs shall be removed seven days following the election to which they are applicable. (e) It shall be unlawful for any person to paste, glue, print, paint or to affix or attach by any means whatsoever to the surface of any public street, sidewalk, way or curb or to any property of any governmental body or public utility any political sign, poster, placard or automobile bumper strip designed or intended to advocate or oppose the nomination or election of any candidate or the adoption or rejection of any political measure. (Code 1964, 10-6; Ord. No. 89-2665, 9-4(B)(3), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93) Cross reference Elections generally, ch. 38. Sec. 138-135.Real estate signsSingle-family residential. (a) Real estate signs located in single-family residential districts are signs advertising the sale, lease or rent of the premises upon which such sign is located. Sign copy with prices is prohibited.
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(b) There shall be a maximum of one sign permitted per property except for waterfront property where a second sign is permitted facing the water. In addition one strip sign to be attached directly below primary sign is allowed, and one "Open House" type sign is allowed only while the owner or agent is on the premises. Signs may be double faced provided all information is identical. (c) The sign area for the primary sign shall be 14 inches by 18 inches and the sign area for the strip sign shall be two inches by 18 inches. "Open House" type signs shall be 22 inches by 16 inches. (d) Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located. (e) Special conditions for these real estate signs shall be as follows: (1) Detached signs shall have a setback of ten feet if lot is vacant, three feet if lot has improvements. Sign may be placed on structure or wall if structure or wall is less than three feet from property line. Height shall not exceed five feet. (2) Only the following information and no other information may appear on the sign: a. b. "For Sale," "For Lease," or "For Rent," or combination thereof. The name and logo of the real estate broker or realtor as registered with the Florida Real Estate Commission, the name of the owner or the words "By Owner" in lettering not to exceed one inch in height. A designation following such name as being either a "Realtor," "Broker" or "Owner" in lettering not to exceed one inch in height. The telephone number of such realtor, broker or owner. The words "By Appointment Only"; "Waterfront"; "Pool."
c. d. e.
(3) Iridescent and illuminated signs are prohibited. (4) "Open House" type signs may be red and white or black and white. No signs are permitted on public property. (5) Each primary sign shall receive a permit from the license department, which shall charge a fee as set forth in appendix A per primary sign. There shall be no additional charge for strip or "open house" type signs. (Ord. No. 89-2665, 9-4(B)(4), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 20023385, 3, 11-13-02) Sec. 138-136.Real estate signsMultifamily, commercial, industrial, vacant land. (a) Real estate signs located in multifamily, commercial, or industrial districts, are signs advertising the sale, lease or rent of the premises upon which such sign is located. Sign copy with prices is prohibited. (b) There shall be a maximum of one real estate sign permitted per street frontage. (c) The sign area for a multifamily sign shall not exceed four feet by four feet. The sign area for a commercial/industrial sign shall not exceed four feet by six feet.
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(d) Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located. (e) Special conditions for these real estate signs shall be as follows: (1) Real estate signs are not permitted on windows of apartment, multifamily buildings or individual offices. Detached signs shall have a setback of ten feet if lot is vacant, three feet if lot has improvements. Sign may be placed on structure or wall if structure or wall is less than three feet from property line. Height shall not exceed seven feet. (2) Only the information permitted on single-family residential real estate signs plus the following information may appear: a. b. c. Zoning information. Size of property and/or building. Permitted use of property.
(3) No signs are permitted on public property. (4) Flat wall signs may be substituted with banner type signs. (5) Each individual sign shall receive a permit from the license department which shall charge a fee per sign as provided in appendix A. (Ord. No. 89-2665, 9-4(B)(5), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 932867, eff. 8-7-93; Ord. No. 2002-3385, 4, 11-13-02) Sec. 138-137.Banners and balloon signs. (a) Balloon signs are prohibited in all zoning districts. Notwithstanding the foregoing, for special events authorized in accordance with the requirements prescribed by the city, sponsor's cold air balloon signs and inflatables tethered to the ground may be permitted, but only to the extent said signs and inflatables are approved pursuant to the special event review procedures as established by the city. Balloon signs are hot or cold air balloons or other gas filled figures or similar type signs. (b) There shall be a maximum of one banner per structure. (c) The sign area shall be determined by the historic preservation and urban design director under the design review procedures. (d) Temporary banners shall be erected and maintained for a period not to exceed 14 days, and no more than one time during a calendar year on a premises. (e) Temporary banners shall be erected, anchored, used, operated or maintained only on a temporary permit basis as approved under the design review procedures. A building permit is required. The building official shall require a performance bond in an amount determined necessary in order to insure its removal, but not less than the amount provided in appendix A. Temporary banners shall not be used for construction signs. (Ord. No. 89-2665, 9-4(B)(6), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93; Ord. No. 94-2902, eff. 1-29-94; Ord. No. 99-3166, 1, 1-20-99)
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Sec. 138-138.Garage sale signs. (a) Garage sale signs are signs advertising garage sales. (b) The maximum number of garage sale signs shall be one. (c) The sign area shall be 12 inches by 18 inches. (d) The garage sale signs are allowed once yearly for a maximum period of two days commencing on the first day of the sale and ending at the close of the sale. (e) A garage sale sign may only be posted during the effective time of a valid garage sale permit issued by the city. (Ord. No. 89-2665, 9-4(B)(7), eff. 10-1-89; Ord. No. 93-2867, eff. 8-7-93) Cross reference Garage sales generally, 86-31 et seq. Sec. 138-139.Cultural institutions temporary banner. A cultural institution may have a temporary banner under the following criteria: (1) A cultural institution shall be one that engages in the performing arts (including, but not limited to, music, dance and theater), or visual arts (including, but not limited to, painting, sculpture, and photography), or engages in cultural activities, serves the general public and has a permanent presence in the city. (2) The institution shall be designated by the Internal Revenue Service as tax exempt pursuant to section 501(c)(3) or (4) of the Internal Revenue Code. (3) The institution shall have an established state corporate charter for at least one year prior to the application for approval and be maintained for duration of the approval. (4) Cultural institution temporary banners are banners identifying a special event, exhibit or performance. (5) There shall be a maximum of three banners per structure. (6) The size of the banners shall be determined through the design review or certificate of appropriateness process, as applicable, pursuant to chapter 118 of the Land Development Regulations and approved by the design review or historic preservation boards. (7) Banners may be installed up to 30 days prior to the special cultural event, exhibit or performance and shall be removed at the end of the special event, exhibit or performance. (8) The method of installation shall be determined under the design review procedures. (9) Cultural institutions may use projected images of the special event, exhibit or performance up to a maximum of 30 days prior to the special event, exhibit or performance. Image, manner and duration (hours) of projection shall be subject to approval through the design review process. (Ord. No. 2001-3326, 4, 10-17-01) Editor's note
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Ord. No. 2001-3326, 4, adopted October 17, 2001, amended 138-139 in its entirety to read as herein set out. Formerly 138-139 pertained to similar subject matter and derived from Ord. No. 89-2665, 9-4(B)(8), effective October 1, 1989; Ord. No. 94-2938, effective October 2, 1994. Sec. 138-140.Vacant storefront covers and signs. (a) Purpose. Vacant storefronts create blighted economic and social conditions contrary to the viable and healthy economic, aesthetic and social fabric that the city has cultivated and encouraged in its commercial zoning districts. The purpose of this section is to encourage and regulate the screening of the interior of vacant storefronts with aesthetically compatible and attractive material, to obscure the deteriorated or deconstructed conditions of vacant storefronts, and to allow temporary signs to be included on this material. (b) Definition. For purposes of this section, a vacant storefront is any ground floor business establishment that is unoccupied. (c) Applicability. The requirements of this section apply only to the ground floor windows and doors of vacant storefronts that face a public right-of-way. (d) Storefront window cover permitted for vacant storefronts.Windows and doors may be completely screened with an opaque material obscuring the interior. The materials used to satisfy this requirement shall be subject to review and approval by the planning department design review staff, in accordance with applicable design review and historic preservation criteria, and shall consist of 60-pound weight paper, or similar opaque material. Windows covered in accordance with this section may remain covered until issuance of a certificate of use or occupancy for the new occupant, whichever occurs first. (e) Temporary signs permitted. Material applied to windows in conformity with this section shall not contain general advertising signs or other prohibited sign types. Such material may contain signs that comply with the regulations of this chapter, as follows: (1) Artistic or super graphics in accordance with section 138-204, which may cover 100 percent of the window; and (2) Other types of signage allowed by this chapter, including real estate signs in accordance with section 138-136, and construction signs in accordance with section 138-133; signage under this provision may be incorporated into artistic or super graphics as referenced in (1) above, however text of such signage shall be limited to no more than 25 percent of the total window area of the vacant storefront. The design and material of all proposed signs under this section shall require review by the planning department design review staff, in accordance with applicable design review and historic preservation criteria. (f) City-provided storefront cover. The city may also produce and provide preapproved storefront covers, with or without charge, to encourage the coverage of vacant storefronts. Covers provided by the city shall also satisfy the requirements of this section. (Ord. No. 2012-3767, 1, 5-9-12)
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Secs. 138-141138-170.Reserved. APPENDIX A FEE SCHEDULE
Chapter 138. Signs
Article IV. Temporary Signs

138-131(d) 138135(e)(5) 138136(e)(5) 138-137(e)
Maximum amount of bond for temporary signs 6 square feet or larger .....
300.00
Permit for real estate sign in single-family residential districts, per primary sign ..... 10.00
Permit fee for real estate signs for multifamily, commercial, industrial, vacant land 25.00 (other than residential), per sign ..... Minimum bond amount for temporary balloon signs ..... 500.00
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Washington Avenue Post Office Sign of Poverty Permitted
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The Significance of Sign Permitting in The City of Miami Beach

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The Significance of Sign Permitting in The City of Miami Beach

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Average South Beach Sign Inspector

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Ancient Twelve Tables of Roman Law

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1620 Alton Road 12/11/2013

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Merry Christmas to noncompliance

404 WASHINGTON AVENUE SIGNS

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THE SO-CALLED LAW

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1034 Michigan Avenue, 11 December 2013, no permit decal

ONE OCEAN BY JORGE PEREZ

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900s West Avenue. No License Number. No Permit

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2000 & 2003 Park Avenue Expired Sign, Graffiti

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950 Pennsylvania Avenue 11/25/13 No Permits. No License Numbers

1321 Pennsylvania Avenue 11/30/13

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n 550 11th Street No Permit

36 Ocean Drive 11/30/13 No Permit

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5th Alton SE Corner Lot for sale No Permit December 2013

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222 Ocean Drive (L) Near 748 Euclid (R) No Permits

Typical Expired Permits 12/22/2013

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700 Euclid Avenue, Sign on side, sign near front door

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1020 6th Street No Permit December 2013

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430 20th Graffiti

430 21st 12/6/2013 No License Number. Graffiti.

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Yet another DC Services et al advertisements wrapped around property.

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5th and Meridian NW Corner, and second sign on 5th 12/5/2013

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Absent License Number - OK if government partner?

1234 Washington Avenue Expired 2009

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234 Washington Ave Expired 4/13

5th Wash NE Corner No Permits

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Permit in center expired

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Corte Real Estate Sign no permit at 1610 (Michigan)? 12/30/13

Sample Valid Permit Decal

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Comras No Permit ever