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O/t: Need some legal help with code enforcement

Discussion in 'The Hokey Ass Message Board' started by 59 brook, May 14, 2009.

  1. 59 brook
    Joined: Jun 12, 2005
    Posts: 1,016

    59 brook
    Member

    hi is there anyone here who has heard or has knowledge about the following. i live next door to a crazy person. he has complained about everything from my dog to my shed to a concrete slab to my patio and finally to my truck. while the city code does not allow this kind of truck to be parked overnight in my neighborhood the city has knowingly told me that i could park it in my rear driveway overnight for at least 5 yrs. i believe i saw somewhere that if the city allows this to go on they eventually can lose the right to ask me to move my truck from the neighborhood. in addition the city is aware this neighbor is just harrassing me as last month he called every night on my truck but another neighbor's stepvan (also illegal to park) and parked on the swale was never complained about. thanks for the help
     
  2. thewishartkid
    Joined: Jun 23, 2006
    Posts: 898

    thewishartkid
    Member

    I sure am glad i live in the country!
     
  3. 59 brook
    Joined: Jun 12, 2005
    Posts: 1,016

    59 brook
    Member

    not that easy to move good schools ,wife works for the city we live in, my business is here fla housing prices suck when your selling now
     
  4. LarzBahrs
    Joined: Apr 11, 2009
    Posts: 759

    LarzBahrs
    Member
    from Sacramento

    What do they mean "This" kind of truck?? Since when do they have the right to talk shit about what people are driving?? As long as it is running and registered you should be able to park it anywhere on your property or on the street infront you damn well please. Fuck code enforcement, nothing but a bunch of hyped up meter maids..
     
  5. fight fire with fore. Document everything and file a harrasment complaint.
     
  6. RoadkillCustoms
    Joined: Jul 10, 2008
    Posts: 270

    RoadkillCustoms
    Member
    from Mesa, AZ

    Yah, what he said...
     
  7. choppintops
    Joined: Dec 9, 2008
    Posts: 1,460

    choppintops
    BANNED

    File a restraining order (lie if you have to, say he threatened you) and when you get it, inform your code compliance officer you have the order, because it will include third party contact. Then if he complains, the officer trashes it. Guess how I know,lol.
     
  8. many municipalities have codes against parking commercial vehicles in residential areas. A councilwoman here tried to pass that type of law because she hated to see teh local Honda small engine van parked near her house.......it failed.
     
  9. :D Yeah - I agree with that! But - I sure feel sorry for anyone who gets stuck living next door to a nutjob like that.:eek: This is the fallout from all of those mental institutions that shut down some years back & let all of those nutjobs loose:(
     
  10. Unkl Ian
    Joined: Mar 29, 2001
    Posts: 13,467

    Unkl Ian


    Should be able to get a list of all the complaints filed against you.
    Call it "Freedom of Information".

    This becomes ammo for your restraining order.
     
  11. choppintops
    Joined: Dec 9, 2008
    Posts: 1,460

    choppintops
    BANNED

    Typically, you can get copies of the complaits, but not the complaintants, without a judges order. If he is actually in violation, it sucks, but the nutjob has the right to complain. It's only when he complains falsely that you get the upper hand.

    I went through this with a neighbor. I don't even live there anymore (lost the house) and STILL get complaints on the grass being uncut/too high.
     
  12. pyro3256
    Joined: Apr 21, 2009
    Posts: 112

    pyro3256
    Member
    from OKC

    thats right of public information due to the open records act, chp.552 tgc
    if you wife works for the city see if there are any other trucks of the same dot spec parked in resricted area's like yours that are owned by the city. the fir dept. would be one or garbage trucks. most any state govment code has a clause that will state something to the effect of a athority having jurisdiction can not inforce a law, code, statue that they do not comply with. basicly if they did it and you can prove it. they can not convict or fine you for doing it. but i am speaking of genral law i am not familar with those in you area. all staes cities are diferent.
     
  13. Find out what the issue is. Alot of places have codes against parking commercial vehicles on your property.

    In Ca, all trucks are commercial, except trucks with a permanent camper on it. The code says you cannot park a 1 ton crew cab dually on your property. (LA county) .
    We all know everyone does, and they let it slide.

    I would park the truck in front of the neighbor's house, on the street. Most cities do not allow semi trucks overnight, but whatever yours is should be OK.

    You just have to move it every day.
     
  14. What Tman said, and also look at him i am sure he has something that is illegal then complain on him.
     
  15. Mad~Max
    Joined: Jun 4, 2008
    Posts: 277

    Mad~Max
    Member

    Legally, you should move the truck out of the neighborhood. Usually this means trucks that are over 2-tons I believe. Even if you built a 150k garage, that looked better than your house, it wouldn't be legal.

    The only thing to do, if you want to live next to a 2-ton truck, is to move to an area where no one gives a shit about property values, and resale. That usually means a trailer on 5 acres, where you can put all your junk in the front yard so you can watch it grow.

    When I have to get rid of a washing machine, I usually drive out into the country and dump it off in front of some trailer. They usually don't notice the difference for a few weeks. Same with dead dogs and possums.
     
  16. Jamin
    Joined: Jun 16, 2007
    Posts: 131

    Jamin
    Member
    from Australia

    What an ingenious solution! Can you imagine how much that would piss the other guy off.
     
  17. Chaoticcustoms
    Joined: Sep 20, 2008
    Posts: 270

    Chaoticcustoms
    Member

    Im sure for ten grand someone could pick him off for you.
     
  18. stude_trucks
    Joined: Sep 13, 2007
    Posts: 4,754

    stude_trucks
    Member

    Take a good look at the guy bothering you. If you know what to look for, I am sure he has plenty of code violations to worry about of his own. He didn't happen to do any work without getting the proper permits did he? If he did, the city might like to know about it.
     
  19. fridaynitedrags
    Joined: Apr 17, 2009
    Posts: 402

    fridaynitedrags
    Member

    Been there, done that, over and over and over. First thing you want to do is learn the law and EXACTLY what it says in black and white. Don't ever take ANYONE'S word for ANYTHING until you read it yourself in black and white.

    A couple of cases in point. I moved to Arizona in 1973 and everyone told me you cannot buy and sell more than 3 vehicles per year without a high-buck dealer's license. I went to the law library at the University and looked up the law. It says you cannot FINANCE more than 3 cars per year without a dealer's license. You can buy and sell as many as you want for cash.

    Got a ticket for crossing the gore line, the wide white line that comes down to an arrow when you are entering or exiting a freeway. Went to the AZ State office that sells guides for painting lines on the pavement. These guides quote the exact law that pertains to the particular painting. Found that it was legal to cross the gore at a reduced speed from the posted speed limit. Posted speed limit was 55 mph. Officer wrote my speed as 40 mph. Judge threw out the case. The cop was devastated. Based on me beating this in court, the State Legislature has now changed to law to read that you cannot cross the gore under any conditions, but I wonder how many drivers buckled under and paid the fine before I got to court?

    We had a crazy old bitch who lived around the corner from me. She stuck her nose into every damned thing that was none of her business and even tried to run over some of the kids because she hated kids. I got tired of it and went around and talked to all my neighbors. They all agreed to go to court and try to get something done. I contacted my attorney and he laughed like hell after agreeing to take the case pro bono. One Tuesday morning, my wife and I, along with 14 neighbors showed up in court. My attorney and the judge were incredulous that I could muster that many people who had a like mind about the woman all of us called "crazy lady". The judge found her guilty of endangerment and fined her. It was only a few days later that she put her house on the market for sale. I guess she figured she was just going to get more of the same from us neighbors and decided to light out for easier pickins. In about 2 weeks, she was gone and the neighborhood quieted down to normal.

    I would urge you to read the law, then talk to your neighbors and find out if he's harassing them too. You may be able to emulate my actions.

    Once more, never ever take anyone's word for the law. Read it yourself. You can't even trust the cops and judges to know the law.
     
    Last edited: May 15, 2009
  20. What he said, read the law. Don't trust even the town or villiage or whatever to tell you the truth, read it yourself. It may even be posted online.

    In my town, commercial vehicles over 7500 lbs GVW aren't allowed to be parked overnight. The code enforcement officer I dealt with left out the "over 7500 lbs GVW" part until I called his bluff on it. Never heard another word after I quoted the code back to them. And that's all you need to do, find out the code and comply, and in your case if you've been allowed to violate the code for 5 years and can document it, you may be fine anyways, but that will call for reading the local laws too.

    Most zoning laws don't apply to things inside your house, if you can garage the vehicle that will help. I mean I suppose they could try to apply it, but if you cover the windows it's hard for them to prove it's there, so...


    And I do empathize, the lady across the street from us is just batshit insane. Had someone come to do a pro job to seal the driveway and parked the cars on the street - which is completely legal - and she calls the cops and the town because one of them was across from her driveway by like 12-18 inches - not across her driveway, parked on the other side of the street, and she can't drive worth shit and is afraid of hitting it (never mind that not once have I ever seen her leave and go the direction she would have to to back into it). I guess what would happen if someone cuts her off in traffic or parks close in a public lot doesn't matter, but... Not the first time she's bitched about it, either, one time my mother forgot something and left her car across from this broad's driveway at like 8 at night, running, to go in and get what she forgot and got yelled at about it. And there's stories about other neighbors that would bore people to death, too. But it works out, the police admitted there's nothing they can really do, got the town to understand we're not parked all over blocking the street, and of course you can't drive on the driveway for a couple of days after it's sealed, so...

    Some people just are not happy unless they have something to bitch about, I mean this has to be like the 4th different "asshole in the neighborhood" I've experienced trying to deal with in the last 20 years or so between three places. I wish our mailboxes were on the street, I'd go collect a bunch of old folks home brochures and put them in her mail. My dad suggested funeral home brochures instead.

    But most of them get their just desserts in the end; the one who complained about my cars at one house, the people there now keep an old rusty Ford stakerack parked right next to his fence for him to look at; another one just got in his car one day and drove off and they found the car months later, but not him (that one had called the police so many times about so many things he'd been told to stop calling them or they'd arrest him.. so they probably didn't look too hard).
     
  21. theHIGHLANDER
    Joined: Jun 3, 2005
    Posts: 10,404

    theHIGHLANDER
    ALLIANCE MEMBER

    I have a crazy bitch next door too. I live in the country. My dogs bark. So do the 1/2 dozen other dogs in the area including the other side of her. Animal control has to tell me she complained but not that it's her. I have to pay to get the freedom of info gig. Not freedom to me. Thing is she aggravates the dogs during the day so now after 5yrs they hate her. Animal control says "oh well" to me about it when I bitch back so she has the right to fuck with everyone. How crazy? She peeks through the pines and makes juvenile faces at my wife when she leaves for work mid-day. The bitch is in her 70s. Go figure...
     
  22. rob lee
    Joined: Jul 30, 2006
    Posts: 1,331

    rob lee
    Member
    from omaha,ne

    I have been fightin a crazy bitch for 7 yrs,inherited her house and ain't movin. She called every city official,police,fire,restrianing orders the whole bit.She called so much they finally seen the light and don't listen to her anymore. I try to mind my own ,wish others would do the same.
     
  23. If someone dumped a car off at my place my wife said we might not notice it right away. Unless it was in good condition, in that case it would stick out like a sore thunb:eek: What i would like is for all of the guys like me lto live in my neighborhood. We could a band together and intimidate the nay sayers. OldWolf
     
  24. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,404

    Von Rigg Fink
    Member
    from Garage

    Ive got a nut bag livin next to me too..I think its the law of averages..sooner or later your going to live next to someone with a social problemm..either it be a bad drug or drinking habit..or just that they are mentally challenged..I have all the above living next to me..
    Theres not enough time or screen to write up all the shit Ive delt with over the past 11 years living here..I just deal with it as it comes along, and pretty much let it roll off my back, I gotta live my life raise a family and not be bothered by their stupidity.

    The one thing that really grinds my ass is this fuckin beeotch seems to think that my fenced in back yard is her property too..and if she dont like something ,, she just comes over while Me and my family are gone and either changes it..or takes it!

    I have a downspout on the corner of my house on her side of my property, that is over 26 feet from her house..yet she comes into my back yard the other day..has to open my gate to get in, and she fucking steals my down spout diverter!

    Goofy fucking shit like that..
    4 years ago while i was gone on vacation they shot fire works into my wood pile behind my shop..and caught about 4 cord of fire wood on fire!..my good neighbor called the fire dept. and had it foamed out..and a report filed, but nothing ever became of it.

    it goes as far as them yelling at me about the direction the snow comes off my drive way in the winter..its rediculous..but i just keep ignoring them.

    I am in very good relations with the 20 or so families that live on my dead end street..and not one of them have anything to do with these douchebags..the family that used to live in the house on the opposite side of them, moved out 3 years ago..no one has moved back into that house since..go figure

    The township people have made many comments about them to me when a problem gets a bit out of hand. And I know that these types of people have a way of self destructing..the township people dont even pay any attention to their calls anymore..and the cops are well versed in what type of individulas they are

    I cant wait for them to put their place up for sale..I'd like to buy it and drive a bull dozer thru it while they are packing their last lamp into the moving van, while they watch me do it!
     
    Last edited: May 15, 2009
  25. I Drag
    Joined: Apr 11, 2007
    Posts: 883

    I Drag
    Member

    I moved into the house the crazy people moved out of in my neighborhood; seems that by comparison I'm a great guy. At first I couldn't understand why everybody was so glad to see me move in and cut the lawn on the first day.

    Go to your town hall and get a copy of the local codes, as others have said.
     
  26. Or use the internet

    http://www.amlegal.com/nxt/gateway....fault.htm$3.0$vid=amlegal:hollywood_fl_mc$anc=



    § 72.112 ADDITIONAL RESTRICTIONS ON PARKING COMMERCIAL VEHICLES.

    (A) Type A Commercial Vehicles. Type A Commercial Vehicles shall not be parked or stored in a residential area or district. except:
    (1) Type A Commercial Vehicles may be parked or stored in a residential area or district within a wholly enclosed garage; and
    (2) Type A Commercial Vehicles may be parked in a residential area or district between the hours of 8:00 a.m. and 7:00 p.m. for a temporary period for the purpose of performing business contracted for by the owner or agent of residential property.
    (B) Type B Commercial Vehicles. Type B Commercial Vehicles may be parked in a residential area or district in a wholly enclosed garage, or in a side or rear yard that is accessible by alley, public or private road, so long as the vehicle is concealed or obscured from view from adjacent private property and public rights-of-way by a building, wall, screen, fence, dense shrubbery, solid hedge or other similar obstacle six feet in height except where height restrictions are controlled by the city's land improvement code.
    (C) Nothing contained herein shall apply to taxicabs picking up or discharging passengers, or to commercial vehicles in the process of delivering parcels, or to owner-rented moving vans on the day of their use.
    (D) Except in conjunction with authorized active and continuing construction, no construction equipment such as earth-moving machines, excavators and cranes shall be parked in any residential area or district.
    (E) In no event shall more than one commercial vehicle be parked or stored on residential property, per dwelling unit, outside of a completely enclosed garage.
    (F) All material used for commercial purposes and stored on a commercial vehicle that is parked in a residential area or district shall be completely covered and/or containerized. No material which is hazardous, obnoxious, offensive or has bad odors or dust emanating therefrom may be stored on a commercial vehicle that is parked in a residential area or district.
    (G) The restrictions of this section shall apply to the parking of commercial vehicles in any alley, street or public right-of-way abutting a residential property, or in any driveway of a residential property, even if such residential property is located in an area or district that is not zoned residential.
    (Ord. O-96-39, passed 10-16-96)
     
  27. RichFox
    Joined: Dec 3, 2006
    Posts: 10,020

    RichFox
    Member Emeritus

    The law you are talking about is Eminent Domain. Where if you drive across your neighbors property openly and without permission for some number of years it becomes your right to drive there no mater what. I don't know how that applies to your deal but it's worth a shot.
     
  28. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,404

    Von Rigg Fink
    Member
    from Garage

    If the city said you can park it there for 5 years as you state in your first post..go get it in writing...situation solved..and over..the bitch can piss and moan all she wants about it..make a copy of it and Mail it to her..dont give it to her..send it registerd mail..done!
     
  29. What kind of truck is it?
     

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