Indolent Enforcement Allows Illegal Billboards to Dominate

Posted by Brady Yauch
Filed in City
March 26, 2009

illegal SignToronto's landscape is getting a makeover in the wake of the Ontario Superior Court's of Justice recent decision giving the City the right to take down illegal billboards. The announcement came after intense pressure from activist Rami Tabello and his group IllegalSigns.ca.

The fight over illegal signs resulted in the squaring off of IllegalSigns.ca and the 'Out of Home' advertising company Strategic Media. The Court eventually ruled in favor of the City and IllegalSigns.ca, forcing Strategic Media to take down 35 signs. But Strategic Media is far from the only culprit in the illegal signs drama - far from it. Tabello likes to point out that the city is home to hundreds, possibly more than a thousand, illegal signs.

I caught up with Tabello for a better look at the ongoing Illegal Sign drama in Toronto.

According to your research, how many illegal signs are there in Toronto?

What we do at IllegalSigns.ca is fight illegal billboards with the rule of law. About half the billboards in the City of Toronto are illegal. There are probably 1500 billboards in Toronto that are illegal in one way or another.

Toronto's government partly to blame for the problem of illegal signs? Has it been too lax in dealing with perpetrators?

For the past twenty years, the City of Toronto Buildings Department has been the billboard industry's willing enabler. Once a permit for a billboard is issued, the Buildings Department is supposed to inspect the sign to ensure that it complies with the signs by-laws. Virtually every single illegal billboard that we have complained about was, at one point, vetted by the Building Department who ignored the illegal construction. I'm not talking about one or two signs that the Buildings Department screwed up on. I'm talking about something like 1500 illegal billboards that the Department botched their due diligence for.

For example, every one of the 45 billboards along highway 401 is illegal; yet a substantial number of those 45 illegal billboards, probably 40, were inspected by City inspectors before we complained about the signs. The Buildings Department has been knowingly turning a blind eye to illegal construction for two decades. Unfortunately, we are not confident that Chief Building Official Ann Borooah has the courage to face up to the errors that her Department has made.

Aside from improper inspections, billboard permits themselves are often illegally issued. In many cases, the permits issued to billboards in the City required City Council approval, but the Ms. Borooah's Department issued the permits improperly, without City Council approval. For example, in the Former City of Toronto, billboards are required to be separated by a 60 metre radius from each other, yet the Buildings Department has issued tens of permits for billboards to be built within 60 metres of each other, without the required City Council approval. Before IllegalSigns.ca came along, the City of Toronto Buildings Department would not have been able to recognize an illegal billboard if it sat on their lap and cried daddy.

We would estimate that out of the 1500 illegal billboards in the City of Toronto, about 500 have permits that were improperly issued by Ms. Borooah and her predecessors. Most of the rest have properly issued permits that were subsequently inspected improperly.

How does Ann Borooah explain why IllegalSigns.ca has to do her Department's job for it? We have an explanation, and it's a scandal quite frankly.

What are the worst neighborhoods in Toronto for illegal signs?

The worst part of the City is the Former City of York. In York, the by-law is very permissive, you can put a billboard almost anywhere, but it requires a billboard company to remove an existing legal billboard before a new billboard can be built. Unfortunately, Ms. Borooah's Department has been ignoring this requirement, and had been issuing permits to new billboards in York without requiring an existing billboard to be removed.

We would estimate that at this point about 65% of the billboards in the City of York are illegal, and virtually all of the illegal ones in York have permits that were improperly issued by Ms. Borooah and her predecessors.

Are there any media companies particularly prone to putting up illegal signs?

Distinguishing between billboard companies is like sifting lentils. I love them all equally.

What can Torontonians do to help prevent illegal signs from ever getting put up in the first place?

The most effective thing you can do is get involved with the City's Sign By-Law Harmonization process. The City is writing a new by-law to crack down on illegal billboards. In addition, the City is imposing a tax on billboards. Currently the City aims to collect about $16 Million per year through the tax. We strongly support the tax and the harmonization process. You can participate through by visiting the By-Law Harmonization website.

Concerning illegal billboards and advertisements, how does Toronto compare to other cities in Canada and North America? Is this a Toronto problem, or is this happening in cities across North America?

It's happening everywhere billboard companies can get away with it. The worst place for illegal billboards in North America is Los Angeles. You can follow the issue in Los Angeles through the Coalition to Ban Billboard Blight's blog.

The economic downturn and its effect on advertising is well known. But is this slowdown in advertising hurting illegal signs? Could this be the silver lining in the ensuing economic storm?

There has never in recent memory been so many blank billboards and expired campaigns still posted. It's a silver lining for media buyers, that's for sure. Media buyers that aren't getting steep discounts off CARD rates on billboard space aren't being wise.

Justin on March 26, 2009 at 4:05 PM

This is pretty cool. It looks like there's a complete overhaul of the billboard advertising system in the works, and I'm all for it. Billboard advertising is a fairly antiquated form of getting the word out that usually proves to be an eyesore. Refreshing to see there are actual laws(as anal as they appear to be) to cut down on visual pollution that might otherwise draw one's eye to the aesthetic of the property it's plastered to/blocking. Give illegalsigns.ca its own billboard ;)

treatster on March 26, 2009 at 5:32 PM

hey is that the intersection of bathurst & wilson in the pic?

Carla on March 26, 2009 at 6:14 PM , replying to a comment from treatster

it sure is.
is there a particular reason this area was chosen to represent in the pic?

Carla on March 26, 2009 at 6:15 PM

ah... cause it's right off the 401. it all makes sense now... there are quite a few in that area

ddt on March 26, 2009 at 6:25 PM

awesome, finally..i hope they actually enforce the law now and not look at this as yet another opportunity to grease a few more palms

ddt on March 26, 2009 at 6:26 PM

they should also fine the landlords and sign companies that have existing illegally for the last number of years.

Brady on March 26, 2009 at 6:45 PM

Yes that's Bathurst and Wilson. The billboard at the corner is allegedly illegal.

Rami on March 26, 2009 at 6:48 PM

The signs at Bathurst and Wilson are illegal because they can be seen from the 401; they are also too large. Nevertheless, they obtained permits that should not have been issued.

harmless on March 26, 2009 at 8:19 PM

Irritating imagery impressed insuffciently infrequent. Industriously illegal but indolent intervention ineffective. Intolerable!

Justin on March 26, 2009 at 9:52 PM , replying to a comment from harmless

Indubitably.

Corina on March 26, 2009 at 10:37 PM , replying to a comment from Justin

Inconceivable!

Steve on March 27, 2009 at 9:05 AM

There's an alliance to tax all billboards with funds going to arts programs. THey are going to the Executive Committee on June 2nd and Council in July. Sign the petition: http://www.them.ca/bcbfpetition.asp

Reality Check on March 27, 2009 at 6:55 PM

Raimi is one of the worst people in the city. He advocates for the enforcement of an illiberal, fascist law. Unfortunately he has won in court. There should be no restrictions on billboards in the city except to require that they are structurally sound.

We are in a city and advertising is a key elemnt of urbanity. I find it so funny that people who see themselves as urbanites and urban activists do so much to destroy urban life, from interfering with free speech to attempting to stop denser developments (why Hello Ms. Atwood you malevolent writer).

Raimi, you support an evil ideology and policy. I wish only the worst for you and all of your supporters.

Maxwell on March 27, 2009 at 7:26 PM

....looks like an advertising exec just found this site.

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Jonathan Goldsbie on March 28, 2009 at 11:51 PM , replying to a comment from Reality Check

Yes, Spider-Man 3 may have sucked, but that's hardly a reason to call Raimi "evil."

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Justin on May 1, 2009 at 7:24 PM

Here's what a collective of ballsy NYC'ers known as New York Street Advertising Takeover(NYSAT) are doing about their own illegal sign problem:

http://consumerist.com/5236328/art-vigilantes-paint-over-120-illegal-billboards-in-nyc

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