Code violation notice for parking in my driveway

[mdemars03]

So this thread may be a duplicate from before but it is to hopefully help others with a similar situation in the future. Regardless of outcome I will keep this thread updated and let everyone know what happens.

So this morning I woke up to a code violation notice on my front door. Not what I wanted to wake up to. The notice reads as follows:

20.08.010 Uses permitted per district. Heavy trucks and equipment are not permitted to be parked or stored in a residential district. Must remove within 10 days. Failure to comply will result in a class c citation and further legal action in court. Military vehicles being parked on property.

So I called the Code Enforcement Officer who wrote the notice. I started off by telling him I am not upset with him or mad with him writing the notice and I understand he is just doing his job. I then told him I am not calling to argue about it, but would just like clarification because I do not understand. He told me that it is a commercial style vehicle and it is over weight for a residential area according to the city. I then told him that it is not a commercial vehicle and that it is private and registered as an antique vehicle with Texas Former Military Vehicle specialty license plates on it. He asked if I could provide him with a copy of the registration showing antique vehicle. I told him I will make a copy and have it ready for him tomorrow morning. He said he will stop by and pick it up and speak with his supervisor about it and let me know tomorrow or Friday as to their final determination.

Hopefully this will work out for me. No matter what they decide now I will continue fighting it on my end to allow me to have my vehicle parked at my house. If I have to move it I do have somewhere I can park it, it just won't be as readily accessable (only due to driving time to the truck) as having it at my house. I will keep theis thread updated as I find out more in the next couple of days from the Code Enforcement Officer.

 

[mdemars03]

Thanks to the replies on another thread (before I started this one) and some advice as to how to proceed.

It sounds like you're taking the right approach, for sure.

If push-comes-to-shove you might ask if you can apply for an exemption (the whole world is negotiable, even when dealing with government). Maybe you might have to tarp it while parked, but that might not be bad.

I'm sorry you're having to deal with this, but if it's any consolation, you're not the first to go through this drill. Please keep us all posted.

You might ask your Code Enforcement Officer (CEO) if there are parallel ordinances allowing "Special Interest Vehicles" in residential areas. Here in San Angelo, the Code of Ordinances on the surface appear to prohibit LARGE MV's. HOWEVER, with the TxFMV registration, they become "Special Interest Vehicles" which are SPECIFICALLY ALLOWED by Ordinance to be parked/operated in residential areas. This has also been used to exempt racecars, motorhomes, a couple of smaller scale trailer sized carnival rides (privately owned), ALL non-commercial horse trailers whether they are bumper-pull, fifth-wheel or semi-trailer type in spite of the standing ordinance prohibitting Semi's! Your municipality's Ordinances may vary. Keep your CEO on your side and he may be an invaluable asset.

 

[JohnnyBM931A2]

What's funny about these situations is that they never tell you WHY. WHY are commercial vehicles not allowed? (if they do deem it to be commercial.) Are the roads in that area not able to handle the weight? I would ask them to explain WHY, instead of just reading some rule out of a book. Because if they can't give you a good reason, then that should be the end of it.

 

[Recovry4x4]

I don't think they need to know why. If the law is writtin as such, it is enforcable as such. Those who write the law are the ones who should have an idea why. Being exempted from a law because the enforcement officer can't tell you why will not fly in a court of law. To the original poster, your approach is sound and should net fair results.

 

[JohnnyBM931A2]

I don't think they need to know why. If the law is writtin as such, it is enforcable as such. Those who write the law are the ones who should have an idea why. Being exempted from a law because the enforcement officer can't tell you why will not fly in a court of law. To the original poster, your approach is sound and should net fair results.

What I meant to imply is that there is a reason for every law. What is the purpose for this particular law? Was there a situation in the past that caused it to become a law in this particular area, or did they just do a terrible job building the roads and have to be careful what rolls over them? In my area, only certain roads are off limits for my 5 ton. There are a few that are listed as nothing over 5 tons, and a few that are listed nothing over 8 tons (not per axle, but overall weight.) As far as driveways/residential properties are concerned, they could care less what is parked there. I've see more than a few bus drivers that bring their buses home at night with them, as long as they have a driveway that can handle it. Obviously his area is much different (which surprises me.. you would think that they would have no problem with it in Texas.)

If no one in the city/township can explain to you why your actions are against the law, then they shouldn't be allowed to enforce those laws.

 

[swbradley1]

If no one in the city/township can explain to you why your actions are against the law, then they shouldn't be allowed to enforce those laws.

It still stands, they do not have to explain why. There is a chance (a good one) that they don't know at the city, township or even state level. The law is the law as written and enforceable.

Now if you want to disagree with a law as written you are more than welcome to work to change it through legal means but just because no one can tell you why is no reason a law can't be enforced.

 

[dmetalmiki]

After reading so many scenarios like this, I have often wondered what would be the result if someone (anyone) had a ..LARGE!..underground "shed" garage hidy hole...

 

[papabear]

So this thread may be a duplicate from before but it is to hopefully help others with a similar situation in the future. Regardless of outcome I will keep this thread updated and let everyone know what happens.
So this morning I woke up to a code violation notice on my front door. Not what I wanted to wake up to. The notice reads as follows:
20.08.010 Uses permitted per district. Heavy trucks and equipment are not permitted to be parked or stored in a residential district. Must remove within 10 days. Failure to comply will result in a class c citation and further legal action in court. Military vehicles being parked on property.So I called the Code Enforcement Officer who wrote the notice. I started off by telling him I am not upset with him or mad with him writing the notice and I understand he is just doing his job. I then told him I am not calling to argue about it, but would just like clarification because I do not understand. He told me that it is a commercial style vehicle and it is over weight for a residential area according to the city. I then told him that it is not a commercial vehicle and that it is private and registered as an antique vehicle with Texas Former Military Vehicle specialty license plates on it. He asked if I could provide him with a copy of the registration showing antique vehicle. I told him I will make a copy and have it ready for him tomorrow morning. He said he will stop by and pick it up and speak with his supervisor about it and let me know tomorrow or Friday as to their final determination.
Hopefully this will work out for me. No matter what they decide now I will continue fighting it on my end to allow me to have my vehicle parked at my house. If I have to move it I do have somewhere I can park it, it just won't be as readily accessable (only due to driving time to the truck) as having it at my house. I will keep theis thread updated as I find out more in the next couple of days from the Code Enforcement Officer.

I guess the first thing that needs to be defined is what exactly constitutes "heavy trucks and equipment" and commercial use. I'm sure there are some measurements/weights, and other indicators listed in the code cited to determine that.

I would respectfully request a copy of the code section or go to their office and ask to see it and talk with the officer while you both look at it and work thru it.

There are many laws/regulations/ordinances that I question/disagree with but at the end of the day I realize I have basically four options:

1. Comply
2. Not comply and suffer the consequences
3. Do all I can do to have a change made (good luck)
4. Do all I can do to see those making said rules voted out ASAP

Of course non of my banter will help you out in the short term but I can only advise after dealing with local, state, and federal authorities...you can get a lot more done with a teaspoon of honey than a dump truck full of salt.

 

[JohnnyBM931A2]

After reading so many scenarios like this, I have often wondered what would be the result if someone (anyone) had a ..LARGE!..underground "shed" garage hidy hole...

I know what I would do if this ever happened to me.. I would build a heavy duty platform, line the bottom with powerful electromagnets, place corresponding (and oppositely charged) magnets on the ground, then put the truck on the platform, and energize the magnets. The truck would be floating on the platform, even if it was only a few millimeters away from touching, but still would not be on the ground (and therefore not parked on the driveway.) Another option would be a suspended platform that hangs off of 4 heavy duty posts using chains. However, they would probably find a way around that given that the platform is "mounted" to the posts, and the posts are touching the ground.

 

[JohnnyBM931A2]

After reading so many scenarios like this, I have often wondered what would be the result if someone (anyone) had a ..LARGE!..underground "shed" garage hidy hole...

You mean like those garages that some wealthy people have, that rise out of the ground? Actually I wonder what would happen if I extended the front of my garage all the way to the sidewalk (thus making it 25feet longer.) Then
I could put taller doors on, and the truck would be completely enclosed in the garage along with my other vehicles. The only way they would see it is if they happened to be passing by, or if a nosy neighbor complained.

 

[infidel got me]

Way to go on the calm,cool approach. As far as weight goes - I would think a fully loaded trash truck would probably be about the same weight of a unloaded 5 ton. Good luck on your battle with code enforcement, hope it works out for you.

 

[mdemars03]

Hopefully it will all work out. If I had enough room at the house I would just build a garage big enough and park it in there that way it isn't seen and problem would be solved. Since I don't have that option though I will do my best to work it through the code enforcement office and if necessary do my research to see if there is a way to get the codes rewritten to allow an exemption to military vehicles even if it means me having to keep my truck parked somewhere else for a while. I will definitely not give up on it. I guess what really aggravates me is that people don't have the guts to confront me directly but can go through and make an anonymous complaint to code enforcement. I don't blame nor am I upset at all at the enforcement officer.

 

[JohnnyBM931A2]

Hopefully it will all work out. If I had enough room at the house I would just build a garage big enough and park it in there that way it isn't seen and problem would be solved. Since I don't have that option though I will do my best to work it through the code enforcement office and if necessary do my research to see if there is a way to get the codes rewritten to allow an exemption to military vehicles even if it means me having to keep my truck parked somewhere else for a while. I will definitely not give up on it. I guess what really aggravates me is that people don't have the guts to confront me directly but can go through and make an anonymous complaint to code enforcement. I don't blame nor am I upset at all at the enforcement officer.

I'm curious what they would say about other large vehicles, like RV's.. Some of those are quite heavy, yet they are most certainly not commercial.

 

[tim292stro]

I'm curious what they would say about other large vehicles, like RV's.. Some of those are quite heavy, yet they are most certainly not commercial.

I would say that in many jurisdictions there are laws specifically prohibiting boats and RVs from being parked in residential areas. Sometimes the definition of commercial is taken from the State Vehicle Code. Sometimes people are people even in government and don't actually bother to define what it is, or they point to a definition that has been withdrawn. It's really about doing what others have said here and chasing down what is actually THE LAW.

More amusing (from the outside only) is when a city bans vehicles 2.5 tons GROSS and up (5,000lbs) - not realizing that their own Police SUVs (CURB = 5300lbs), Ambulances, Fire Trucks, and garbage trucks are over that weight by a fair amount empty... What they should really be doing in those cases is putting planters at the end of the block and calling a spade a spade - it's no longer a "street", it's large sidewalk... They do this type of traffic restriction in europe with bollards
https://www.youtube.com/watch?v=O0wY-hvMC44


To the OP, good job keeping a cool head and avoiding fantasy. You're doing good and "the right thing" by talking it out [thumbzip]

 

[ProximityX]

Here's your solution... http://blog.dupontregistry.com/the-...5-million-dollar-underground-garage-elevator/

Now how to get KickStarter folks to pay for it?

 

[mdemars03]

I'm curious what they would say about other large vehicles, like RV's.. Some of those are quite heavy, yet they are most certainly not commercial.

There is an exemption in the city of El Paso for RV's. There is a way around my problem with my truck, but I would have to swap out the bed for an expansable van, put in a bed and bathroom and reregister it as an RV. Then regardless of weight I could have it in my driveway. I don't particularly want an expansable van, I like the cargo bed with troop seats. RV's, which some most definitely weigh more than my 923A2, are fine, but a MV isn't.

I'm taking some time right now getting paperwork together and doing as much research on this as I can so hopefully when I talk to the code enforcement officer again I have my information in order and have the outcome I want.

If things don't end up the way I want right now then my next step will be to do my research and bring up the issue to a vote at some point to allow MV's as an exception to this code and be able to park it at my house. I can totally understand commercial vehicles to a point but this is not a commercial vehicle. Hopefully it works out for me now, but if not I wont quit my battle to get it allowed at least where I am. If it comes to getting an ordinance changed I will keep updating the thread to help others that may want or need to do the same thing. If I get it fixed now with what I have I will let everyone know what I took to my code enforcement division and city and maybe others can do the same if they have similar issues.

 

[JohnnyBM931A2]

There is an exemption in the city of El Paso for RV's. There is a way around my problem with my truck, but I would have to swap out the bed for an expansable van, put in a bed and bathroom and reregister it as an RV. Then regardless of weight I could have it in my driveway. I don't particularly want an expansable van, I like the cargo bed with troop seats. RV's, which some most definitely weigh more than my 923A2, are fine, but a MV isn't.

I'm taking some time right now getting paperwork together and doing as much research on this as I can so hopefully when I talk to the code enforcement officer again I have my information in order and have the outcome I want.

If things don't end up the way I want right now then my next step will be to do my research and bring up the issue to a vote at some point to allow MV's as an exception to this code and be able to park it at my house. I can totally understand commercial vehicles to a point but this is not a commercial vehicle. Hopefully it works out for me now, but if not I wont quit my battle to get it allowed at least where I am. If it comes to getting an ordinance changed I will keep updating the thread to help others that may want or need to do the same thing. If I get it fixed now with what I have I will let everyone know what I took to my code enforcement division and city and maybe others can do the same if they have similar issues.

Geez.. That's a pain. Here in Illinois, a vehicle can be registered as an RV if it has 4 of the 6 requirements listed below: (which I considered doing before I found out about the special plates for ex-military vehicles)

1) a cooking facility with an on board fuel source (easy)
2) a gas or electric refrigerator (also easy)
3) a toilet with exterior evacuation (not so easy)
4) a heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine (also easy, at least the heating part)
5) a potable (drinkable) water tank with an exterior service supply connection (not so easy)
6)a 100-125 volt electric power supply (EXTREMELY easy.. just need a power inverter)

I hope everything works out for you man.. That's an annoying and stupid situation to have to deal with.

 

[mdemars03]

I hope everything works out for you man.. That's an annoying and stupid situation to have to deal with.

Me too. It is very annoying and very stupid. Some people just have nothing better to do than complain about others though. That's what started this whole mess for me.

 

[JohnnyBM931A2]

Indeed. And I'd almost be willing to bet that the people who raised the red flag have done far worse, and broken other more significant laws (speeding, blowing red lights, etc.)

 

[mdemars03]

I'm sure you are right. I think I know who it was due to the speed at which code enforcement showed up. The truck wasn't at the house any this past Friday which is when I got the truck, Saturday and Sunday Code Enforcement isn't open and Monday was a holiday so they weren't open then either. Than means the complaint was filed Tuesday and Code Enforcement showed up Wednesday morning at 8 am. Unless you work for the city or know someone who does they don't move that fast, at least not here. Plus the enforcement officer I spoke with said unless someone knows the codes nobody calls about that kind of thing.