CAPE CORAL, Fla. - A Cape Coral man is paying a $100 fine for putting a sign in a median. Code enforcement says signs are unsafe and distracting to drivers. The builder feels this is the best way to sell his home and it's just one "sign" of tough economic times.

Mike Rubinski isn't just breaking ground, putting a sign in a median on Surfside Boulevard, he is breaking the rules.

"This is his fifth attempt in trying to get around the ordinance," says Code Enforcement Officer Frank Cassidy.

The ordinance that doesn't allow signs in medians for safety reasons.

"This is part of the plan It is aggressive and I'm just trying to do my job. I can't do anything else i guess," says Rubinski.

Rubinski can't seem to sell his three bedroom three bath house on SW 31rst place even after having several open houses each week. He says signs at the corner of Surfside and 32nd Street could help him get a bite.

"I compare it to fishing. This is one of the hooks to bring them in, to talk to me directly," he says.

Rubinski thinks the city should ease up during the tough economic times.

"If you bend the rules for one, you bend them for all," says Cassidy.

Rubinski was already fined once for his sign and he plans to fight the citation.

Code Enforcement Officials say there are a few other spots Rubinski could put his sign near the intersection that doesn't break the ordinance.