Code Enforcement

[chicklin]

It's been said, but I'll add my two cents (and I want to subscribe to the thread to see the outcome). First, make sure you are in 100% compliance BEFORE you walk into a courtroom or council meeting. If not, don't waste your time. Second, stay calm. I realize it's frustrating and can be emotional but the best way to erode any credibility you may have is by looking like a lunatic (not saying you are at all, just saying be mindful of it).

Also, it sounds silly, but shower, shave, cut your hair, put on a shirt and tie (ironed) and have your shyt together (including documentation) before you walk in there. Anything less than professional and prepared opens up holes to attack your character, integrity, intentions, etc. If you are truly in the right and present yourself in a professional manner, you have nothing to worry about.

 

[Tlauden]

Cant say much that already hasnt been said, except this simply sucks for ya man... i know personally if i had a problem with neighbors i would walk up to em and tell them what the problem was, and same thing reversed, if someone has a problem with something of mine i hope they personally come and talk to me, and then hopefully together we could work it out, like people are supposed to do... makes ya wonder what this country is coming to, its a shame....

Just a random thought here, could one register a deuce as an ATV (all terrain vehicle) The definations are very VERY sketchy for ATV's. I mean deuces are technically made to go off road in all different types of terrains.

Deffination of the term "ATV" from About.com
An ATV is short for All Terrain Vehicle. It describes any of the many different types of 3, 4, 6 and 8 wheeled motorized vehicles designed to be driven off road.

Definition of the Term ATV



If your fighting a losing battle i would start picking the regulations apart peice by peice looking for ANY loopholes you can find

Good luck to ya, and remember, were all in this together

Tyler

 

[Welder Sam]

Chicklin has said a mouthful and said it well. Talk to a lawyer and make sure that you are in the right. Follow his suggestions. You may find yourself kickin back with a f-you, i won smile on your face.


Nice job chicklin

 

[bajajoaquin]

...(snip). The thing that everyone is missing and that frustrates me the most is the fact that the complaining neighbor is not even in my neighborhood. Their neighborhood is behind mine and their backyard backs up to me.



The next issue is the fact that this is an unimproved lot and therefore does not fall under the same rules according to Ordnance Codes as an improved lot...meaning the grass.

(snip)The problem that we have right now is that this country is to pacifistic in nature. It is sort of like Rodney King stated "Why Can't We all Just Get Along?" Since I was part of Special MAGTF LA and........, why do they not put up a fence? I can not stand ineptness and unprofessional conduct from people that get paid with my tax monies. We should all stand up and defend what is right. interpreting the codes in my favor.

Dave08....on a quest.

(Edited for space)

I don't know what the legal definition of neighborhood is, but If I share a property line with you, I'd consider you my neighbor.

You have an excellent point about the unimproved lot. You really should take a step back and plan this in a way that will give you the best outcome. Print out the codes, particularly the ones that say they refer to an improved lot only. Find the documentation that shows you are an unimproved lot. Double-check for regulations about storing things on an unimproved lot. Have everything laid out in an orderly, logical way, so the papers tell your story clearly.

The last part I left in your quote was what I was talking about before: it's not relevant to whether or not you are violating codes. If you are, it doesn't matter if the wrong people have taken over. If you aren't, you are only making your cause more difficult.

Last, if you're willing to spend the money on a fence, you might consider paying an attorney for an hour or two of time. It may be cheaper to get an independent third party with a background in dealing with these issues to review and advise.

Good luck.

 

[Atomic]

Dave08,

I feel kind of silly posting as I have no advise to offer but I will offer this:

If you need to store some stuff, I have 40 acers about an hour 15 north or Tallahassee. Good people and it would fit in.

I'm not just posting this so you will "feel" better. If you need to get some stuff out and stored you have a place to do so.

Good luck and we are on your side.

 

[Engine5]

Bang his wife, they tend to move after that.............

 

[armytruck63]

Bang his wife, they tend to move after that.............

Holy cow, I never thought of that! You sir, are pure evil.

 

[pand9]

Dave 08
I just read thru the entire thread and can understand your frustration. I work for a very large multi national corporaton and have the great joy of having to interact with local and state officials as well as the multitude of corporate associates.
You are on the rite path to resolve your issues but keep your head on your shoulders and remain calm above all else. You have entered into the realm of politics on your quest. May I suggest that before you place your case on the Public scales of injustice in front of the Council meeting, you approach this issue the American way. Behind closed doors as it were. Or in terms from your previous occupation out flank em. The full frontal assualt will be met with all kinds of resistence and negative side effects . As you have already found with the phone calls that are not returned and the she just left nonsense. You are dealing with people in positions that no matter how they got there they are there. "They" have "friends" thats how many of them have gotten where they are. Some times they are like sharks that smell blood and other times there like rats fleeing the sinking ship. It can be tricky to know which way it will go.
You still have a few weeks before the meeting. You have rattled your sabre and let people know that you are willing to go all out if necessary. Now let them know that you are willing to negotiate before pushing the button on WWIII.
Try backing up a step and Give Ms." in charge" a call. That is what she wanted, not an in your face meeting. If she is a friend of the AH nieghbor you might be able to find out what is at the root of the issue. It might be that they are all PO'd that you cut down those nice tall trees and now they cant hug them anymore. So thier way to get back at you is to stick a knife in what intrests you. Or, maybe they are just SH's. Maybe she wont talk to you now but at least give it a try. Give a call to Mr Ryan as A/C C had sugested. Forming allies who can suggest better means to the end ( politicing) is always an advantage. Lawyering up will only build walls that can be very difficult to remove, as well as cost way more than a fence.
You believe that you have resolution to the allegged "violations". Remember that all things written are open to interperitation and "they" will interperate things ther way. Remember the line " that all depends on what is,is."

Personaly I would be as upset as you are if one of my three nieghbors were to pull this type of crap with me. And I would have to use extreme restraint on myself not to loose my head and be able to follow a few of the suggestions that I have mentioned above.

I also belive that we should be able to face our accusers and resolve our differences in a reasonable manner and that Public officials in any office or position should be answerable for thier actions. But I also know that most people are cowardly and dont have the gumption to stand up for themselves or thier actions. And fear those that will and do.

I am on you side and give you my support in your quest.


As a conisour of collectible ferrous oxide myself I know that most of what I " collect " , Farm and Garden tractors, antique engines, Engine driven welders, cars, trucks and now my latest craze Big, green, ugly loud and belch Black smoke M.V's, would be called junk by many others. They are so miss guided.

 

[m16ty]

A guy in Kansas City painted his house in horizontal pastel stripes to get even with his neighbors. You paint has to be in good shape but color is up to you. I think you need a pastel fence.

I'd go camo.

 

[waayfast]

The county hall monitor showed up at a buddy's place and informed him in no uncertain terms that he WILL install a fence around his place so as to block the public from the view of all his "junk". Said the fence WILL be painted also.

Buddy said no problem I'll get the fence started and contact a fella that does murals. Hall monitor says what for. Buddy says he's going to have a mural painted on the new fence ----of all kinds of old construction equipment.

She left and there is no fence.

 

[Welder Sam]

 

[Awesome Possum]

I'd just ask the a******e if a fence would do it, and if so, get it in writing and just put up the fence. To a city it really doesn't matter what is in the books or not. 12 years ago in Colorado I had to find a place to park my 30' transit bus-RV conversion when I moved out and stayed with a friend (condo dweller). I parked it against a fence that had a house on the other side. No houses actually on the street where I parked though. I also drove the thing to work just about everyday, too.

Got up at friends house one AM and the bus was gone. The city had towed it and after some
debate on the issue they gave me back my bus (which was registered as an RV) and they paid all the fees and fines. They even assigned me a liaison officer with the PD so it didn't happen again. Put a note in the window with this info, too. A day or two later the bus was gone again. Same BS and they paid all the fees and fines AGAIN! After that I found somewhere else for it.

Point being: They're gonna' try to do whatever the heck it is that they are going to do anyways, so try for an amicable solution. See if there is any kind of community mediation program to try to work this out.

If they're not willing to work at this, then step two: Extreme passive-aggressiveness. Tit for tat, be annoying in ways they cannot legally complain about. Sit around the backyard staring at their house during any outdoor activities of theirs. Bring a lounge chair. While wearing a thong. Drinking beer and belching. Have a belching contest among your friends. Who are also wearing inappropriate attire. (You'll find out who your true friends are and which ones to stay away from!) Make 'em long for the days when they only had the trucks to deal with.

Or maybe the mediation thing doesn't sound so bad after all AS LONG AS YOU ARE WILLING TO BEND! Maybe offer to have those privacy strips added to the chain link fence. Maybe split the wood fence, or pay for yourself. (Play these offers close to the vest). The city will not return your trucks free-of-charge like they did my bus. Weigh your options and go forth and slay (or tame) the beast.

 

[KsM715]

I'd go camo.

With watch towers and a sandbag guard shack at the gate.

 

[tbearatkin]

With watch towers and a sandbag guard shack at the gate.

and genuine simulated .50 cal machine guns in the watch towers with an air raid siren to go off at the time the city has determined the grass can be cut. Or just get a note from your doctor that says you are heavy sleeper and need that siren to get woke up. and if they are downwind of you have some rotten garbage waiting for the monday pickup.

They also have a sprinkler system for your water hose that is motion activated its for deer and other animals in your garden. Set it up so when they walk by the back property line the sprinkler goes off and sprays then with harmless water. Now there grass grows faster and they can't cut it because they keep getting wet now you file a complaint about how high their grass is

[media]http://www.youtube.com/watch?v=E8eMO2jwG10&feature=related[/media][media][/media]

 

[USAFSS-ColdWarrior]

No Satisfaction and I am a menace to society! ......



......Thanks for letting me vent. I do not wish this on my enemies.
Dave08

Brother, we feel your pain.

[media]http://www.youtube.com/watch?v=3a7cHPy04s8[/media]

We are blessed that both Texas and San Angelo in particular are VERY MV-friendly. As a matter of "defense" though, I have committed myself to review EVERY City Council Meeting agenda and to attend every Council Meeting in which they plan discussion of issues pertaining to MV's, vehicles in general, code enforcement and other areas of interest to me. "Ever Vigilant"! This has also brought attention to me and my MV's, and a great opportunity to promote the hobby (and thwart some community prejudices by being a GOOD AMBASSADOR with my stuff) and has gotten me appointed to a rather important City Board.

Keep us posted.

Your perseverance WILL pay off.

 

[Dave08]

Time for an update. Well, was talked into being a little bit more pacifistic by my CinC House. We all know that if CinC House (otherwise known as the wife) is not happy then no one is happy. Well that was the case.....a case of beer! Let me tell you that the reality shows have nothing on my life! To say the least, I spent this past Saturday cleaning up the lot and organizing things so that it would not Look Cluttered! I have moved some of my parts (Hemtt Rims) to the back yard behind the fence for my house. Spent all day doing this and now just have to cut the grass on my "unimproved wooded lot". My CinC House wants to call Code Enforcement early and have them come out and inspect and hopefully close the case. Yes this will more than likely happen until the next time they complain. Anyway, to say the least, I picked up all the "So Called" debris which was some fencing material (dog eared boards)_ and some pallets, rearranged the trailers and equipment on the lot. I will get the grass weed whacked here this week. However, this did not sit well with me on having to waste a day cleaning up things that are perceived to be junk and debris and not hurting anything. You should just drive around Titusville and you will see that there are worse areas then my lot but then again no one is complaining about those things! I really wish I could find out for sure if it is the suspected neighbors as I suspect. This would not resolve anything but would make me feel better. Well, since Saturday was a bust and did not sit well with me, I spent Sunday picking up more parts for my impending MV Project. Now when Code Enforcement shows up for their re-inspection I will have more "Junk" for them to look at and more for the neighbors to complain about. I have not even had a chance to unload my trailer yet. I picked up a cab for my Quad Deuce project as well as an extra fuel cell. I got these parts from a Guy I met in Tallahassee. Nice enough drive there and back with my prize possessions to relax a little. However, when I got to the house, I have to admit that I wanted to drive around all the streets blowing my horn showing off my new acquisitions just for my one particular neighbor. However, my parts were a good score and I made another friend that has other parts as well. In fact, I have posted my pictures of my new cab and fuel tank as well as this truck my friend has for sale. He states it is an old WWII US Navy Bomb Truck. YOu guys tell me. He says it has a clear title and runs, he also has the winch for it as the pictures shows it on the ground next to the vehicle.
Well I will cut the grass and I will then take pictures of my lot and post them again to get an opinion pole.

 

[KsM715]

It is what he said it was. AKA a Burma Jeep.

 

[Atomic]

I think I know where you got that cab and tank. Had you been there before the current owner? I heard it's changed a lot since the old owner died.

 

[paulfarber]

I just signed for a CEO letter Friday. It cited a two ord's about 'refuse' and unregistered vehicles.

The letter said if I needed to I could go to borough hall to read the ords (I won't) or call him (I won't).

My response is simple: I will WRITE a letter refuting the violations. Why? Because they NEVER LISTED ANY. There is case law in PA that clearly states that CEO cannot cite for a violation and not SPECIFICALLY DETAIL the infraction. My interpretation is meaningless. The COE enforces the law, the Judges interpret it. None of that is on me.

The case was about a guy who was cited and did nothing, because the citation and letter never detailed the infraction... just 'refuse'. The Judge properly ruled that a person cannot resolve the infraction if not specifically told what it was. Also, the citation could be open ended... every new 'inspection' is just another reason to add more to do.

I think they just have the wrong address.. the neighbor next to me has been cleaning up A LOT and now that you can see his yard, its cluttered. Nothing that bothers me, but he has a boat, trailer a few riding mowers etc.

But one I deal with anyone in enforcement... its in writing. Much easier to catch them in a lie, and also they know you know your stuff and are less likely to hassle you if they know you won't just roll over.

 

[paulfarber]

Found it:

“t is well established that the essential elements of a summary offense must be set forth in the citation so that the defendant has fair notice of the nature of the unlawful act for which he is charged.” Borriello, 696 A.2d at 1217. In Borriello, we reversed a trial court's order convicting the property owners of violating a municipality's ordinance because, of the twenty-six citations charging violations of the municipality's ordinance issued, only two mentioned specific defects in the property and none cited the sections of the ordinance for which they ultimately were convicted. Id. at 1216. In doing so, this Court noted that the “[f]ormal accusation and specific charge enables a defendant to properly defend and protect himself from further prosecution of the same offense, and enables the court to determine the sufficiency of the prosecution's case to support a conviction.” Id. at 1217. Our Court also cited to former Rule 90 of the Pennsylvania Rules of Criminal Procedure, which proscribed dismissal for defects in the citation unless the defendants suffer actual prejudice to their actual rights. Id. “Such prejudice will not be found where the content of the citation, taken as a whole, prevented surprise as to the nature of summary offenses of which [the] defendant was found guilty of at trial, ․ or the omission does not involve a basic element of the offense charged․” Id.

Works in PA.