By James Kent
Perhaps you’ve seen it as you drive along Route 7. In an abandoned lot next to Godnick’s on the corner of 259 N Main St. in Rutland City, erected atop a leftover sign from a long-shuttered mini golf course, a Trump/Vance election sign is affixed overhead. Even those with a cursory knowledge of Rutland City’s sign laws know that political signs should be displayed no earlier than three weeks before an election and removed one day later. The sign, a replacement for a slightly smaller one torn down at the end of October, has hung there since the election on Nov. 7. That was two months ago.
Readers want to know: Is this sign legal? Should it be allowed to stay up so long after the election? Who owns the property? Does the city know, and are they taking any steps to remove it?
The Rutland City ordinance states that the City of Rutland has the power to regulate signs within the municipality. This ordinance sets forth the specific regulations and procedures by which this power is enacted.
All signs must be designed and installed by the provisions of its ordinance. The building inspector must issue a sign permit before any sign is installed, erected, enlarged, replaced, reworded, redesigned, or altered in any way except as specifically exempted.
Posters are exempt as defined in the following ordinance: “Maximum 2 square feet posted on private property only. Any person erecting a poster is responsible for its removal immediately upon the conclusion of the advertised event. This exemption does not apply to commercial entities seeking to post additional signs not otherwise permitted in this ordinance.
“Signs providing information or promotion of an item that will appear on an election ballot are allowed, provided they are erected no more than three weeks before an election and are removed the day after the election. Such signs shall be no more than 6 square feet. Any person erecting a sign of this nature is responsible for its removal.
“The maximum sign area for a temporary sign is a 6 square feet area with a height no larger than 4 feet.”
It also states: “a decorative or event banner shall require liability insurance naming the City of Rutland as an additional insured protecting the City of Rutland’s interest in an amount not less than1 million dollars.”
The sign in question appears to violate several of the ordinance’s guidelines.
Enforcement & penalties
Rutland City’s website lists the following enforcements and penalties for sign violations:
“1. A violation of this Ordinance shall be a civil matter enforced in accordance with the provisions of 24 VSA §1974a and 1977 et seq.
2. When a sign is in violation of this Ordinance, the Building Inspector shall provide written notice to the owner, person, or firm responsible for maintaining the sign. This notice will identify the actions that need to be taken to remedy the violation and a deadline by which those actions must be taken.
3. Failure to take the required actions within the timeframe presented shall result in a civil penalty in an amount for the first offense not to exceed $50. A second offense of this ordinance will result in a minimum civil penalty of $150, and a third offense will result in a minimum civil penalty of $500. Each and every day of noncompliance will be another day of violation and can result in an additional civil penalty.
4. Failure to take the required actions within 45 calendar days of the compliance date of the notice may result in the City of Rutland removing the sign or causing it to be removed at the expense of the owner and/or lessee.
5. Where the owner of the property fails to take the actions required related to any of the above, the City of Rutland may file a lien upon the property for the purpose of recovering all reasonable costs associated with enforcing the violation and/or removing the sign if allowed by the provisions of 24 V.S.A. §3115 and 24 V.S.A. §4303(27).”
As of press time, several inquiries made to Rutland City Building Inspector Mark Sadakierski remained unanswered. Look for more information about t whether it violates the Rutland City sign ordinance in future edition of this newspaper as well as if it violates Vermont’s billboard law.
