Code violation notice for parking in my driveway

[KsM715]

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...

There is one just down the road from me. Old missile silo. Rumors are there ar some very neat (and some very expensive) things stored in there now. Before it was a garage it was a very well protected drug manufacturing plant ( illegal drugs ) they had everyone believing it was a top secret parts manufacturing plant for NASA, even had the local cops pulling security in their off duty time as second jobs.

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.)

a-holes or not just because they are doing something wrong doesn't make it ok for the next guy to break or ignore the law.

 

[mdemars03]

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.

The type of trash truck that goes through this area is definitely heavier. Where I work we have a DOT certified and calibrated scale and the only way in and out is through the scale. When they come through they typically weight 42,000 pounds or a little more.

When I registered my 5 ton the tax office wanted an official weight on it and it was right at 22,000 pounds empty according to CAT certified scales.

 

[JohnnyBM931A2]

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.

People suck.. That's the one constant in the universe.

 

[MDdeuce]

I would recommend you find the zoning code and read it over, especially the 'definitions' sections. The city usually has this stuff on the web somewhere. In my area of Maryland a commercial vehicle is defined as any vehicle with a GVWR or GCWR over 10,000lbs for zoning purposes. It has nothing to do with use, intent or appearance, only weight. These vehicles are prohibited in any residential district (R1-4 and RR). Technically, any 3/4-ton pickup is a considered commercial vehicle, and there are loads of them in driveways. Stupid, but it is the law and enforceable.

Kudos on being calm with the zoning officer.

 

[JohnnyBM931A2]

The type of trash truck that goes through this area is definitely heavier. Where I work we have a DOT certified and calibrated scale and the only way in and out is through the scale. When they come through they typically weight 42,000 pounds or a little more.

When I registered my 5 ton the tax office wanted an official weight on it and it was right at 22,000 pounds empty according to CAT certified scales.

Interesting.. I would have thought it was heavier. Doesn't the data plate on the cargo trucks say 24k empty? (at least I seem to remember that from when I was looking at trucks.) Makes me wonder about my tractor.. Data plate says 20,100lbs empty. I wonder if it is actually less. There's a recycling place near here that we use for work.. They have a truck sized scale to weigh loads before/after. I bet if I threw a 20 at them they would give me a weight measurement.

 

[mdemars03]

Interesting.. I would have thought it was heavier. Doesn't the data plate on the cargo trucks say 24k empty? (at least I seem to remember that from when I was looking at trucks.) Makes me wonder about my tractor.. Data plate says 20,100lbs empty. I wonder if it is actually less. There's a recycling place near here that we use for work.. They have a truck sized scale to weigh loads before/after. I bet if I threw a 20 at them they would give me a weight measurement.

Data plate shows 22,150 pounds empty. Then add the weight for carrying capacity. Mine is registered with a gross weight of 32,000 pounds. Im sure they probably would. **** if it's a slow day they may do it just to check out your truck.

 

[JohnnyBM931A2]

Data plate shows 22,150 pounds empty. Then add the weight for carrying capacity. Mine is registered with a gross weight of 32,000 pounds. Im sure they probably would. **** if it's a slow day they may do it just to check out your truck.

Ha.. Probably. It's also right next door to a custom 4x4 place.. I'm sure they might get a kick out of it. I'm considering having them install a roll cage for me.
That's interesting about the weight. Both the DMV and Progressive (insurance) asked me for the actual weight of the vehicle. Same thing when I called the state capital directly to get my custom plates.. I was also taxed when I registered it based on the weight.

 

[BnaditCorps]

Seems like someone needs to find a way to get "Texas exempt" plates, legally of course.

 

[mdemars03]

Seems like someone needs to find a way to get "Texas exempt" plates, legally of course.

If I knew how I would definitly do it.

 

[mdemars03]

So I will find out more in the next couple of days, but doing some research I may have just found the loop hole for those of us in Texas with the problem of parking out 5 Tons at our homes. The following comes from the Texas Statutes...

TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES
CHAPTER 683. ABANDONED MOTOR VEHICLES
SUBCHAPTER A. GENERAL PROVISIONS

Down at the bottom of this statute is a section I think may be able to help us with this problem. I highlighted the sections I think will be most beneficial to us. Here is what it says:

Sec. 683.077. INAPPLICABILITY OF SUBCHAPTER. (a) Procedures adopted under Section 683.074 or 683.0765 may not apply to a vehicle or vehicle part:
(1) that is completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
(2) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are:
(A) maintained in an orderly manner;
(B) not a health hazard; and
(C) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
(b) In this section:
(1) "Antique vehicle" means a passenger car or truck that is at least 25 years old.
(2) "Motor vehicle collector" means a person who:
(A) owns one or more antique or special interest vehicles; and
(B) acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
(3) "Special interest vehicle" means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 413, Sec. 15, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1431, Sec. 1, eff. Sept. 1, 2001.


So maybe we just found in the law where we can keep our 5 Tons at our homes and not be bothered by people complaining.

 

[Robo McDuff]

So I will find out more in the next couple of days, but doing some research I may have just found the loop hole for those of us in Texas with the problem of parking out 5 Tons at our homes. The following comes from the Texas Statutes...

...........
(2) that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are:
(A) maintained in an orderly manner;
(B) not a health hazard; and
(C) screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.
.........

Means you need to put something around your driveway or where ever you park it on your property to make it screened, including the driveway entrance?

I would plant there some two-foot high tree saplings and put a sign next to it that these are rapidly growing trees so in a few years they will hide the truck completely.

Seriously, it means that if you tarp your truck, it should be ok (check that). Since you probably already have the cargo cover, you can just extend that to the ground covering the wheels and the rear. A nice canvas tarp over your cabin down to the ground and the collector's item is screened from ordinary public. A bit of a pain to do, but if you don't use the truck every day, it should be the quickest and probably the cheapest.

 

[mdemars03]

Means you need to put something around your driveway or where ever you park it on your property to make it screened, including the driveway entrance?

I would plant there some two-foot high tree saplings and put a sign next to it that these are rapidly growing trees so in a few years they will hide the truck completely.

Seriously, it means that if you tarp your truck, it should be ok (check that). Since you probably already have the cargo cover, you can just extend that to the ground covering the wheels and the rear. A nice canvas tarp over your cabin down to the ground and the collector's item is screened from ordinary public. A bit of a pain to do, but if you don't use the truck every day, it should be the quickest and probably the cheapest.

I have a fenced in back yard so I can look at putting it there if it fits between my side fence and house. If not, I will have to look at building a new fence on the other side of my house. It is definitely wide enough there, just no gate to drive through. I plan on talking to the enforcement officer either today or tomorrow and get clarification on this. Hopefully it works out for me and lets all of us with 5 tons here be able to park our trucks at home and not be bothered by it.

 

[mdemars03]

Code enforcement picked up all the paperwork I had for them this morning. As soon as I hear something back from them I will post the results.

 

[mdemars03]

So here is the outcome from the code compliance officer who was kind enough to help me with this issue. Due to the fact that I was able to provide a copy of the registration showing that it is registered as an antique vehicle and not a commercial vehicle and I did provide them with the sections on the transportation code dealing with military vehicles, antique vehicles and parking and storage of vehicles, I am allowed to keepy 5 tons at my house! It took a little bit of research on my end and being polite with code enforcement but it came out as a victory for me in the end. I hope this helps anyone who may have a similar issue here in Texas and maybe those in other states can find similar statutes that will allow them to keep their vehicles at their homes and not be bothered by people complaining.

I am going to say this to anyone who has to go through this in the future... a little bit of kindness and being polite to the enforcement officers goes a very long way in them being willing to help you out.

I count this as a victory. Just Remember though, not everyone will see things the same and what saved me and allowed me to keep it at home is that it is registered as an antique. If it was not registered as an antique that would be a totally different situation and I have a feeling the outcome would have been much different.

 

[Robo McDuff]

...
I am going to say this to anyone who has to go through this in the future... a little bit of kindness and being polite to the enforcement officers goes a very long way in them being willing to help you out...

Saw that time and again. Mostly, they are doing a difficult job as good as they can, and a bit of respect is deserved and friendliness often appreciate it and smoothing things out (but in a lot of current and former east block countries, don't count too much on that).

 

[USAFSS-ColdWarrior]

So here is the outcome from the code compliance officer who was kind enough to help me with this issue. Due to the fact that I was able to provide a copy of the registration showing that it is registered as an antique vehicle and not a commercial vehicle and I did provide them with the sections on the transportation code dealing with military vehicles, antique vehicles and parking and storage of vehicles, I am allowed to keepy 5 tons at my house! It took a little bit of research on my end and being polite with code enforcement but it came out as a victory for me in the end. I hope this helps anyone who may have a similar issue here in Texas and maybe those in other states can find similar statutes that will allow them to keep their vehicles at their homes and not be bothered by people complaining.

I am going to say this to anyone who has to go through this in the future... a little bit of kindness and being polite to the enforcement officers goes a very long way in them being willing to help you out.

I count this as a victory. Just Remember though, not everyone will see things the same and what saved me and allowed me to keep it at home is that it is registered as an antique. If it was not registered as an antique that would be a totally different situation and I have a feeling the outcome would have been much different.

Congratz on clearing that hurdle.

One question remains... Are you now willing to defend your victory.

IF your Code Officer's actions were the result of a neighbor's complaint then "the fight" may not be over.

As a matter of due diligence your should now visit your City's website and if possible subscribe to the City Council's Agenda Postings. (If they don't offer a subscription service then you'll have to manually check BEFORE each Council Meeting.) Watching the AGENDA ITEMS for each PUBLIC MEETING will give you notice of any attempts by irate neighbor(s) (or their representative Councilman or Councilwoman) who may attempt to CHANGE THE CITY CODE OF ORDINANCES against your best interests, so that you can appear before Council with your counterpoint to any proposed restrictions.

Welcome to the wonderful world of City Government!!!

To defend your victory, you MUST now become the guardian at the gate. Be ever vigilant and protect your RIGHTS.

Godspeed, Sir!
John

 

[mdemars03]

I am definitly willing to defend this victory. Thank you for the input on watching the council agenda. That is one thing that did not cross my mind.

The actions by code enforcement were due to a complaint. I know this as the officer told me so. The only thing is it was an anonymous complaint so I'm not sure if it was a neighbor or who it was.

I will keep my eyes open and watch the council meeting agenda like you suggest.

I definitly need to keep an eye out on the meetings... I have a district rep and the county commissioner two houses down from me. That being said as fast as code enforcement showed up it wouldn't suprise me if they were the ones who called.

The officer who came said for someone to complain about that they must know the codes somewhat.

 

[Mike929]

Are they going to make you park it behind the fence, out of public view?

 

[mdemars03]

Are they going to make you park it being the fence, out of public view?

Unless something changes at a later date, no. I was told I can still park it in my driveway.

 

[JohnnyBM931A2]

Cool