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Health & Fitness

Illegal Curb Painters Spraying Up The Valley-- Again

They're Here!

Those pesky illegal Curb Painters are out and about in balmy August soliciting by flyer to paint an address upon your curb. Their MO is simple. They stick a flyer to your mailbox or door, and then request that you post it over your address on the curb IF YOU DO NOT WANT their service.

Otherwise, you have somehow consented to the job. Talk about a "lie of omission." The fee suggested for this invaluable and important service is $20 per address.

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My initial question is simple. Why am I working NOT to have my curb painted? I didn't ask for my curb to be painted. I don't want my curb painted. Now I got to repost a post.

This calls for coffee.

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My second to eighth questions are:

Who is this strange guy asking me for money to paint my curb? As far as I know, he's a stranger. I've never met him before. I didn't call him for service or for an estimate. I sure didn't check out his references. Is he even permitted to provide this service by the city? Does he have a permit or a business license? Does he have liability insurance? Is he bonded? I even want to know what kind of paint he is using? And why doesn't he have his name, address, and phone number on the flyer? Why would he inform me that checks are OK as payment, but only his company name is listed and no other info?

It all smells fishy to me-- illegal or nefarious or some such thing.

In another article, I commented on door-to-door solicitors. The motivation was basically illustrating the safety issues with respect to opening a door to strangers, especially for the more vulnerable individuals, and especially at night. It was purely informative. It is also relevant to this "Curb Service" solicitation.

In a brief summation, LAMC permits some forms of door-to-door solicitation as long as certain guidelines are followed. The main guidelines are the possession of a proper photo ID; possession of a valid business tax license; adhering to the correct hours for sales, and presenting the photo ID and tax license when requested.

Under the Los Angeles Municipal Code, Chapter IV, "Public Welfare," Article 1 "Disorderly Conduct Places And Publications," the rules are clear. Under Section 41.43.1, "Door To Door Selling Or Soliciting," the LAMC Code specifically states:

"No person shall solicit, sell or offer to sell, demonstrate or take order for goods, wares, or any form of merchandise, by entering upon the premises of another for such purpose except in compliance with the provisions of this section."

(a)"Solicitation." As used in this section, shall mean to sell or offer to sell, demonstrate or take order for goods, wares, or any form of merchandise or services.

(b) No person shall enter the premise of another for the purpose of solicitation between the hours of 8 p.m. and 8 a.m. of the following day.

(c) Any person over the age of 16 who engages in door-to-door solicitations, shall carry a form of photo identification upon request of any persons being solicited, any peace officer or other person charged with the enforcement of the laws pertaining to such solicitations. The photo identification must include the person's date of birth and be issued by a governmental agency or educational institution. Acceptable identification includes a state driver's license, state identification card, school identification card, or any government issued identification card.

(d) Any person engaged in door-to-door solicitation shall present the original or a copy of the Business Tax Registration Certificate required under Los Angeles Municipal Code 21.06 upon the request of anyone being solicited, any peace officer, or other person charged with enforcement of the laws pertaining to such solicitations.

(e) The provisions of this section shall not apply to vendors or solicitors who have previously been invited or requested to appear at such premises by the owner or lawful occupant thereof, or to persons making charitable solicitations in accordance with Article 4 of Chapter IV of the Los Angeles Municipal Code.

If these Paint Guys, or any other solicitor, fail to properly ID themselves and show proof of a Business Tax License when asked-- it is illegal.

If these Paint Guys paint, are not permitted, and they paint without your permission-- it is illegal.

If these Paint Guys paint without your permission and then attempt to “extort” payment from you by becoming belligerent, angry, or unduly pushy-- it is illegal. 

Here's an edited summary from the City's Public Work's website.

REQUIREMENTS FOR OBTAINING PERMIT FOR PAINTING HOUSE NUMBER ON CURBS (LAMC 62.96)

 1. Obtain insurance in the amount of $100,000 for Public liability from an insurance company. Insurance must be approved by City Risk Manager.

 *   City Insurance Requirements: Instructions and Information

 *   Automobile Liability Form: Certificate of Liability Insurance Form

  2. Obtain a Surety Bond from a bonding company or insurance company in the amount of $500.00. Or, a cash deposit in that amount can be made in Street Services Investigation and Enforcement Division.

  3. Pay $211.00 for permit at Street Services Investigation and Enforcement Division.

BOARD OF PUBLIC WORKS RULES AND REGULATIONS  (Adopted October 29, 1962)

 1. This Permit becomes invalid if and when the required liability insurance is cancelled or the surety bond amount is depleted; or upon notice of revocation by the Street Services Investigation and Inspection Division (SSIED).

2. The Permit must be in possession of the person performing the work and available for inspection on demand. 

3. The Permittee shall instruct each of his employees and agents to comply with all applicable provisions of Section 62.96 of the Los Angeles Municipal code and these Rules and Regulations.  

4. Permittee must give sufficient advance notice when house number painting is scheduled so as to allow time for property owners or occupants to make an objection if they so desire. Such notice shall be in writing and contain Permittee's name and telephone number, and the date the work will be done.  

5. Permittee shall maintain a record of the streets in which he paints house or street address numbers. A list of such streets shall be forwarded to the Street Services Investigation and Inspection Division (SSIED) upon completion of the work on a weekly basis.

6. House numbers shall be painted on the curbs in front of each improved parcel of land in the block unless the owner or occupant makes an objection. 

 7. A first quality paint manufactured for use on concrete shall be used. The second coat of paint shall be compatible with the first. 

 8. The Permittee shall not fail, refuse, or neglect to promptly correct in a workmanlike manner any error made in a house number.

 9. Solicitation for donations or payment for the work shall be made in a civil and courteous manner without inference that donations are mandatory, or that the City established or regulates the amount of such donations.

 10. The Permittee shall immediately advise the Street Services Investigation and Inspection Division (SSIED) of any change in address, telephone number, or company name.

11. Failure to comply with these rules and regulations will result in revocation of this Permit.

Here's a bit more of the abbreviated bureaucratic tedium, a necessary evil.

EXCEPTION

The provisions of this subsection shall not apply to persons painting, stenciling or affixing house or street address numbers upon curbs abutting their own property

 (d)       Any house or street address numbers which are painted, stenciled or affixed to any curb pursuant to the provisions of this section shall consist of black numerals not less than 2-1/2 inches, nor more than 4 inches in height on a white background. First quality paint shall be used in all cases. 

 (h)       Neither the City of Los Angeles nor any Board, Commission, officer or employee thereof shall be liable or responsible for any work done by any permittee under the provisions of this section....

So how does this actually affect me-- and you?

You don't have to pay a curb painter when he engages in illegal activity.

You can if you want, you just aren't obligated.

The bottom line is that they are playing the odds and gaming the system. They know that nothing will be done about them. They are a low priority. However, if you do feel legitimately threatened simply call LAPD Dispatch at (818) 734-2223 and report their uncivil behavior. You might actually get service depending on the crime activity level at that moment. There is a chance. It could happen.

I do know this much, when the irate Painter Guy sees you calling the PD because you didn't pay him to paint the curb you didn't want painted, he will most likely leave you in a storm of cuss words to your soon to be peeling cheap, non-concrete adhesive paint.

Now here is where this Blog gets enlightening.

Like lightening striking twice who should show up this past Tuesday after a four year hiatus. The backstory is that I previously called the PD on them for being aggressive and making Paint Guy threats. They must have blacklisted our street for a time. But time heals all, and lo and behold, it's once again the proverbial "Curb Service" Paint Guy.

I'm playing soccer with the dogs when he walks right past me and pastes the illegal curb painting "solicitation" on my mailbox. Not a word from him. He just flies by, a silent Ninja Paint Guy. That's an LA first.

By the by-- it was ten minutes after 8 P.M. when into the darkness he crept!

A company billing itself as "Curb Service," the extent of his contact information, was offering to paint my curbside address for a small donation-- $20 suggested retail price.

The funny thing about this Paint Guy's flyer is that it informs me that I can make personal checks out to his business. How nice is that! Basically, a complete and total stranger is requesting both my personal and my banking info, but I don't have any idea who he is, where he is located, or even if he is legitimate. 

I'll be writing that check right after I open the door after dark to a complete and total stranger.

I Google "Curb Services." I get a lot of information on Burger Joints. Not relevant, but a good hamburger sounds OK about now. All this Internet footwork is getting me hungry, and the coffee is wearing off.

I Google "Los Angeles Curb Painters." This query gets me a boatload of info. It even provides links within a 2009 NBC4 story about the $20 Curb Painting Scam that leads me directly to the Public Works website and all that information I just regurgitated as a public service to those who want to know.

The Dept. of Public Works, Bureau of Street Services, Curb Painting Permit website lays out all the particulars. http://bsspermits.lacity.org/curbpainting/

After I peruse this site, I direct call Street Services and Investigation and Inspection Division and inquire about this address painting business called "Curb Services."

A city representative states that this company "is not legally permitted."

Go figure.

Seeing as how LA Curb Painter Guys are required to carry $100,000 public liability insurance; proof of vehicle insurance; obtain a $500 surety bond; pay a $211 permit fee; maintain and forward records to the above listed city agency, and provide pertinent contact info, including the date of the work's completion, it seems to me that Curb Services might be a bit deficient, and perhaps not on the up-n-up.

If I am wrong about my "informed conclusions," Painter Guy, my sincere apologies.

The end result is that all of these rules and requirements are safety measures to protect both the public and the City. You just can't have Painter Guys running ramrod all over the city painting up curbs, now can you?

A list of legitimate Curb Painter Guys would be nice. How hard is it to publish that? That would alleviate any confusion. I notice the city has no qualms or problems listing all the Medical Marijuana Dispensaries in LA.

Another thing I also notice is the City's new "Permit Query" format is flawed. You used to be able to enter a name, an address, or a zoning plot number and get permit info. Not anymore. Now you must actually have the permit number to enter it into the system and check whether a permit is active.

There's another LA City Catch 22. You need a permit number to actually check out if a permit is pulled, but what if there is no permit? How do you determine if a permit is pulled when no permit number is available? 

Since no permit number is provided on the Paint Guy's flyer, I contact the enforcement division directly at (213) 847-6000. After the initial communication, I am forwarded to the supervisor for my area.

It's a cell phone. I get voicemail. I leave my name, return contact number, detail of the suspected illegal activity and my general concerns. I also inform the "telephone" that the painting is scheduled for today. This information is directly from Curb Service's Ninja Paint Guy's mouth.

See, he came by last night-- in the dark-- and asked me what my address was, so he could mark it down NOT to paint. I'm working for this guy-- again!

Because of this, I sweeten the deal for the city supervisor. I offer to contact him when the painter shows up. Now all the city representative-- a paid supervisor in the investigation and enforcement division-- has to do to enforce the law is to show up when contacted again.

What a deal!

I know-- call it misguided civic duty, but it sure beats Jury Duty, or, better yet, some irate guy with a thick Boston accent demanding money from me for something I didn't ask for or want-- after dark.

It seems pretty easy. All the city representative has to do is to return my phone call, set up a "plan," and then perhaps one less business "tax cheat" will be stiffing the city-- that's us folks-- we are the taxpayers who are footing all the bills.

With a little effort on our city representative's part, maybe LA won't be so flat busted and willing to continually and constantly raise our fees and taxes.

Can anyone say City Pensions without smiling!

What say you Mayor Garcetti, all you honorable, interested, and dedicated City Council members-- not to mention all of the dedicated city supervisors? Are you up to the task? Are you willing to work for that good money?

I have a challenging thought to share. Active and diligent enforcement of city codes and ordinances is proven to generate revenue.

I know it's a novel idea, and I'm going out on a limb here, but it is how the more successful cities help to maintain the infrastructure and to stop the persistent decay that undermines the quality of life in many large cities.

While I wait for the return call from the city, I think I'll head out to Home Depot for some stencils and paint-- and maybe I'll just get that Curb Service burger.

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The views expressed in this post are the author's own. Want to post on Patch?

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