Good suggestions. When do you think it is appropriate to bring in a lawyer to
try and fight stuff like this. I had a problem in Cincinnati, well about 100
other people and myself! I was about to move anyway, and I was glad to leave the
overbearing code enforcement folks to pester someone else. (Garbage cans being
seen outside of a 6 hour time window for the truck to pick them up was a
violation, etc, etc)
Dave
>>>>>>>>>>>>>>>>
M35products@aol.com wrote:
> Ask the city attorney to define "operating" in writing. The burden of proof
> is on the prosecution to show that you are operating rather than storing
> personal goods.
>
> Or buy a storage container.
>
> You don't mention what state you are in, or whether your property is zoned
> residential, but most states (N Y is where we are) adhere to the English
> Common Law of, basically, "a man's home is his castle" which means,
> practically, that the govt cannot enter onto your property without your
> permission, in the case of a residential property, to inspect or enforce
> building, fire, or zoning laws, with a few exceptions (exigent circumstances,
> such as fire, imminent threat of collapse, explosion, etc) That is what
> gives the Fire Dept the right to put out fires on private property.
>
> Zoning rules probably account for the biggest headaches and ill-feelings
> between neighbors. If the officials you talked to are serious, call their
> bluff and have them issue you a summonse; nothing needs to be done right
> away, as the court process can be delayed for a while, until you find an
> alternative or are exonerated. The max fine is usually $250, but local
> magistrates generally only fine about $100.
>
> Don't panic. You have every right to try to convince them of your
> interpretation as they have to do the same. If the premises are visually
> offensive, (to them) offer to mitigate the situation, but do everything in
> writing, copies to your attorney and the city mayor's office, or equiv. You
> are not now, or will you be guilty of a crime, even if found guilty. (Unless
> you do something to cause a contempt of court citation, like refuse to follow
> the orders of a judge) There is always an appeal process which will allow you
> more time to get your act together, and might possibly result in a favorable
> verdict.
>
> Ask to buy a copy of the local zoning ordinance from city hall. Read it.
> Find the loophole of your choice and drive a wedge. Most actions of this type
> start with a complaint from one of your neighbors. Invite them over for a
> chat. (put away the twin 50's when you do)
>
> One man's junk is another man's lawn sculpture.
>
> A P Bloom, N Y State Code Enforcement Officer/Fire Inspector
>
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This archive was generated by hypermail 2b29 : Thu Jul 05 2001 - 00:40:34 PDT