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Beachcomber
5199 E. Pacific Coast Hwy. #608
Post Office Box 15679
Long Beach California, 90815-0679
Phone: (562) 597-8000
Fax: (562) 597-9410
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Feature Stories

Wannabe City Prosecutor Breaking City Sign Laws

by Kirt Ramirez

Despite being warned not to put up political campaign signs on public property, Timothy O'Reilly signs have been illegally placed in the public right of way and on private properties without the consent of property owners.

Numerous "Elect Timothy O'Reilly City Prosecutor" signs appear throughout Long Beach. By placing the signs on private property – a grocery store parking lot for instance – a political candidate can get exposure and get around the rules of no posting on public property.

Signs on private property – not public – are untouchable by city workers unless the property owner complains. Property owners are often based out of town and may not be aware of the signs yet, or care for that matter.

But O'Reilly signs strapped way up high with strong tape wrapped around painted light fixtures are commonplace. A candidate has a safe haven for his signs in the meantime.

A cursory tour of the city over a nine-day period found only O'Reilly signs posted at different locations, on private properties. No other candidates' political signs were seen (except for the legally placed lawn signs), as the other candidates appear to be obeying the law.

In a letter to all candidates Feb. 2, 2010, Dennis Thys, Director of the Community Development Department wrote in pertinent part:
“Please be advised that, pursuant to the City of Long Beach Municipal Code, the placement of any signs, including campaign signs, on public property – parkways, median islands, bridges, freeway entrances and exits, fences, parks, or on any public building or facility, is prohibited (bold print).

“City staff will remove and dispose, without warning, any signs illegally placed in the public right of way. Should Code Enforcement Inspectors determine that there is a significant violation of the Municipal Code, the City will seek reimbursement for the costs to remove illegal signs.”

The Beachcomber contacted Thys Tuesday, Mar. 3, and said he did not see any O'Reilly signs on the public right of way, but said, “We have gotten complaints and sent staff out to take a look” and that “I have a call in to Mr. O'Reilly to let him know there were complaints.”

The following day Thys was contacted again and asked if there was any update from the previous day and he said “no.”

When the specific question was asked if any O'Reilly signs were taken down by staff, Thys said, “There were a few signs removed.” When it was said that that suggests the signs were on the public right of way, Thys responded, “Yes.”

Regarding O'Reilly signs on private property without the property owner's permission, Thys said, “I can't comment on whether or not that's a legally placed sign or not. We're not in the business of going on private property.”

Thys said property owners can tear down illegally placed signs on their own, or they can call his office and his staff will take them down (as a courtesy). Thys said he encourages anyone with complaints to call (562) 570-CODE.

David Steeves, general manager for the partnership who owns property at Stearns and Palo Verde, said he did not authorize any candidate or other person to affix political signs to his real estate sign.

Asked how he feels that someone trespassed, Steeves said, “I don't think it should be done without my permission. I don't know Tim O'Reilly.”

Victor Cho, who is associated with the property on Seventh St. and Termino Ave., where the shut-down Hollywood Video space is available, said, “He (the sign placers) did not contact us,” when the number on the for-lease sign was called.

And across the street, two O'Reilly signs taped to a pole - just a few feet away from the public side walk and into the realm of private property – greet customers as they enter the parking lot to 7-Eleven.

A strip mall that includes El Pollo Loco on Anaheim St. and Redondo Ave. has four signs. “We didn't give permission either,” said Nejdeh Avedian, senior portfolio manager for the property, who works in Downtown Los Angeles. “The next time we're out there, we'll be sure to remove them because they have no right to have them there.”

Nejdeh was given the public works number that Thys said people could call to have the signs removed and Nejdeh was appreciative.
And an empty lot near Lakewood Blvd. and Willow St. had four signs on that unoccupied property. Kevin Hill and Scott Silberberg appear on a retail sign and were called, but they did not respond to requests for comment – again – resulting in a safe haven for O'Reilly signs.

The owners have to give permission to have the signs removed even if they did not approve the signs being placed.
Chief Assistant City Attorney Heather Mahood said if private property owners can identify the sign placers, the owner has a right to bring the action of trespassing against the person or company.

Meanwhile, City Prosecutor candidate Doug Haubert has obeyed the law and is playing by the rules. The Beachcomber contacted him for comment.

“This illustrates the contrast between myself and my opponent. I've been a city prosecutor for ten years and have always been connected to the neighborhoods. Tim just moved to Long Beach a year ago to run for this office, so he needs to plaster intersections with signs to catch up to me.”

Haubert added, “Instead of hiring a company to smear intersections with signs like Tim did, I have chosen to walk door-to-door to meet voters and tell them about my background as a prosecutor. That is why virtually everyone, from every law enforcement group to the elected leaders, has endorsed me.”

Haubert has lawn signs available and they can be obtained by calling (562) 637-3684.

O'Reilly did not respond to the Beachcomber's requests for comment.