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Willow Glen resident Sue Orr is fed up with the A-frame signs—everything from portable signs advertising real estate open houses to sandwich shops—that block sidewalks and curbs around Willow Glen, making it difficult for her to get around.
Orr, 70, diligently calls the city of San Jose's code enforcement department and department of transportation, as well as city hall, hoping to bring awareness to this growing problem, but she said it's common for her requests to these departments to go unaddressed for weeks.
Orr, who has osteoperosis, was warned by her doctor that falling could lead to a more serious, long-term injury. And she's worried that the A-frames, impeding her path, might cause an accident and worsen her condition, forcing her to use a wheelchair.
"Many people who go out in wheelchairs cannot see at night; they are trying to go someplace before it gets dark, but all the obstructions can make this hard to do," Orr said. "Sometimes I'm fighting every inch of the day."
She adds, "On the weekend I've seen real estate companies put up their signs in the middle of the street, sometimes at the corner where the ramp is, and wheelchairs cannot access it. I just don't think people understand how hard it is to get around the city in a wheelchair."
Although numerous Realtors were contacted, many were not comfortable discussing the ordinance issue. But Fireside Realty owner Mark Folden was very candid about the matter.
Folden said there is no written policy at his company regarding the proper use of A-frame signs in advertising real estate offerings, but he believes all Realtors should be aware of the sign ordinance.
"I would agree with those who complain about signs in the public's way," he said. "I've seen other real estate companies, not naming names, who I think are breaking the law with their signs."
"We have no written policy, but we expect our Realtors to practice good common sense and abide by the law," he said.
Under San Jose Municipal Code, Title 23, the section pertaining to signs contains specific rules regarding portable A-frames.
In the downtown sign zone and Willow Glen and Alameda neighborhood business districts, adjacent property owners may allow temporary, portable A-frame signs in public rights of way, subject to several provisions.
According to the provisions, signs cannot exceed eight square feet per side, can only be displayed during daylight hours, and must have a minimum height of three feet and a maximum height of four feet.
In addition, a temporary A-frame cannot be located within 15 feet of a bus stop or light rail stop zone, within two feet of any driveway or curb cut access ramp or adjacent to or within four feet of any disabled parking zone.
San Jose code enforcement administrator Peggy Rollis said that due to the high volume of complaints the code enforcement department receives, it has a response priority system. Rollis said issues that could affect health or life safety get the most immediate response.
Blight issues—including violations of the sign ordinance—are usually handled with a courtesy violation notice letter. The letter informs the business owner of the code being violated and steps that need to be taken to bring the sign into compliance. The letter also gives the responsible party 10 days to correct the violation. According to Rollis, about 85 percent of the complaints code enforcement receives are remedied with a letter.
If the letter is ignored, an inspector will go out, view the violation and send a pre-cite letter or citation, depending on whether the responsible party is a repeat offender.
Code enforcement has a number of code sections that can be used to charge for sign violations, and some of the fines are set at specific dollar amounts. The code citation frequently used for A-frame sign violations pertain to the public right of way. The fine for this violation is $350 for each occurrence, Rollis said.
Orr considers Lincoln Avenue from Minnesota to Coe avenues and the area around San José State University to be at the top of her improvement list. She said she used to walk into the businesses and ask them to move the signs out of the pedestrian walkway, but the storeowners were unresponsive.
"I used to go into the businesses but they would just jump all over me, so I won't do it anymore," she said.
But Orr is hoping that greater awareness of the problem will help real estate agents comply with the existing city ordinance.
To file a complaint concerning A-frame signs that are blocking sidewalks, driveways or pedestrian traffic, call the city's code enforcement department at 408.277.5565.
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