Business owners look on as boards come down

Many business owners looked on as the law enforcement team removed one advertising signboard after the next.
On Wednesday morning, October 14 eMalahleni employees and the law enforcement team started removing the signboards along the Old Middelburg road.

Mr Rudolf Jansen watched as his steel signboard was cut down and loaded started onto the truck.
When Jansen questioned why the boards were been cut down, he was ignored by the law enforcement team.
Jansen went to see a lawyer straight after the boards were removed and according to the lawyers it’s illegal to remove the signboards without a court order or a notice given to the owner.

“I was not given any notice or they could not show me a court order when they were removing the boards,” said Jansen.

Mr Willem Steyn also a business owner in eMalahleni was shocked as his boards came tumbling down.

“We have not taken it further yet,” said Steyn.

Mr Theo van Vuuren, Acting Municipal Manager was asked about the removal of the advertising signboards around the city.

“We need to ensure that our city develops a more law abiding culture. The proliferation of illegal buildings, sprawling informal areas, littering and illegal dumping all-over and even the over abundance of advertising signs and billboards are all signs of a city in distress where compliance, aimed at ensuring a safe living environment, is insufficient. Ultimately this results in urban decay, devaluation of property values, low payment rates and frightening high levels of illegal electricity connections. As a further direct result the Municipal finances are under strain, resulting in knock on effect on its ability to deliver services. In this, there is no such thing as a lessor transgression as by being lenient on some transgressions lead to a culture of escalating transgressions, such as we are now faced with,” said Van Vuuren.

Signboards being taken down on Wednesday, October 14.

A look at the city would suggest that there are an over-abundance of advertising structures often causing problems with line of sight as well as damaging underground services. When considering that when advertising is placed, fees are normally payable, it’s also a loss in income to the municipality. Following an audit done earlier the year the council sent renewal notices to everybody who has signage contracts with the municipality over the past two months. These people have applied for the right to place signage up on municipal property and have been granted the permission. In the cases where these contracts have lapsed the council formally informed them and provided them with the opportunity to renew. The City Planning Department on the third floor of the municipality will assist all who inquire and apply.

A signboard that had been cut down.

“We also found during the audit that many people have erected signage on municipal property, especially parks and pavements without permission. Municipal Bylaws govern the erection of any signage and structures on municipal property. Any structure or signage placed without written permission can be removed or demolished by the municipality without notification to anyone. Such structures by the nature of being erected on municipal property are subject to Municipal bylaws and those who placed it on municipal property have no legal right on it anymore,” said Van Vuuren.

Many businesses have complained about the fact that they were not informed in advance that the municipality will be removing the signage. This is acknowledged and given the reaction received could have been appropriate from a courtesy point of view. However, legally it was not necessary to do as the assumption is that business people should know the boundaries of their premises and rights. It would appear that in some cases businesses were under the incorrect impression of this matter although considering the many businesses who have legal contracts with the Municipality for advertisements this is strange that so many are now claiming ignorance.

Truck loaded with signboards.

When the municipality takes action the team’s of businesses who have contracts which allows them to have advertisements on municipal property, on site has been mandated to act and to remove and they are not mandated to discuss or negotiate with anyone who claims to be the owner.

“Signs are removed and will be stored by the municipality for auction or to be sold as scrap and once removed the owner cannot claim the item as it has been confiscated and it’s impractical to try and identify specific items. Most signage in any event will be damaged in the removal process,” said Van Vuuren.

Legally the municipality has also the right to issue fines for the period the signs were on its property without formal authorisation. At this stage the council does not intend doing it but could reconsider this option if circumstances may dictate.

“My advice to all, especially those who still have illegal signage on municipal property or those who’s contracts have expired, is to immediately remove these yourselves and or to apply for permission from City Planning. Please note however, mere application does not legitimise the sign and the signage can still be subject to a fine until it’s approved,” continued Van Vuuren.

In respect of approval, please note that there are various considerations, such as safety, not obstruction traffic’s line of sight, not been placed on top of municipal underground services, etc. which are considered. The cost of the contract is determined by the size of the signage.

Jansen proposal to Van Vuuren was; why not inform the company of the infringement before confiscating it? Give them 48hours to comply or stand the change of losing the sign. Generate more income by renting the space out instead of just removing the sign completely. If the sign is blocking visibility, give them options as to where the sign may be erected.

If the company does not comply, a penalty and the sign gets removed.

“Needless to say, that he refused all my options,” said Jansen.

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