Fight the City (help?)

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Scott-SVT, it may or may not be neighborhood convenants...those are different than local zoning ordinances. The main difference is the governing body...in the case of the covenants its a HOA (Homeowners Association) or similar. In the case of the zoning, it's the local municipalities.



The big difference between the two is the "teeth". The zoning laws have real teeth.



TJR
 
TJR...very true. However, HOAs also have teeth. LOL, I should know because I was the Treasurer of one 5 years ago at my second house. On top of the obvious dues, fines, and non-compliance costs that can be levied, the HOA can also place a lien on a home. I got the dubious honor of doing that to six homeowners in one year. Ten total. All were for not paying their annual dues. We made one guy demolish his pool and fill it in, and that was after $5000 in fines. All for simply not following the rules. I hated being involved in that and that is what gives HOAs their bad names. That is also why I sold the house and moved, so we could avoid all of the drama and issues that were caused by only a couple of people in reality.
 
Scott-SVT, I have the luxury of living in a development that has (had) coventants but never had an HOA. Thus, the covenants had absolutely NO TEETH. We and folks are now doing pretty much what the want, within the limits of the local zoning laws. For example, metal swing sets, metal sheds, flag poles, picket fences, RV and boat parking, above ground swimming pools were all outlawed by the covenants, but each found their way into various homes over the past few years.



My next door neighbor started a landscaping business. I told him after almost 2 months that he had to move his stakerack truck... not because it was a big problem for me, but becuase all the people in the development were bitching to me to bitch at him (rather than them say anything directly). So finally, I told him, before the angry mobs with pitchforks show up, you might want to move it.



I even helped him get it running again.



TJR

 
Yeah Scott-SVT, I like to see the neighbors getting along and solving their own problem. But most laws aren't made for the majority that can live in harmony; but for the minority that will always do the wrong thing.



All it takes is one inconsiderate a-hole that moves in next door and starts the 24 hour petting zoo, combination laundry-mat, combination chop shop, combination junkyard on his front lawn...and typically, surprisingly, guys like that can't be reasoned with.



TJR
 
The key is the surface you parked on. If it is just dirt or worn out grass then you are probably in violation. If you prepare the surface for parking, you should be OK. Preparation of the surface can be a simple at putting gravel to protect from loose dirt from blowing around. Many cities hace similar ordinances.

 
I got a noticelike that a couple years ago. Our house was brand new, as was the asphalt driveway. The company that poured the asphalt said not to park anything on it long term for the first six months--but we needed a place to park our boat. The lot next to ours was open, so we contacted the owner, and asked if they'd mind if we parked the boat there for the summer. They said "go ahead--no problem".



A few months later (June), we got a notice from the city. Someone had complained, and the city cited us for parking a vehicle on an unimproved area of our lot.



We responded to the city employee who wrote the citation, who was some new low-level person in the department, that it's not on an unimproved area of our lot--in fact, it's not on our lot at all. It's on the neighboring lot, with the lot owner's permission, and that because that lot wasn't developed yet, the rule didn't apply, per the city's own ordinances. (Which wasn't entirely true--the lot had been developed, but no construction had started on it, so that development wasn't obvious to the naked eye.) Further, the boat would only be there until late September, when the boat gets put into storage for the winter season, and next year it would be on our asphalt driveway.



He responded that that sounded reasonable--but that he wasn't sure that was appropriate, and that he'd have to check with his boss to see if we were OK. He also informed us that the citation was triggered by a citizen complaint. So we waited to hear back from him. And waited. And waited. And heard nothing. So we assumed the matter had been dropped.



On September 22, we got the citation back, saying that we were wrong, and that we had two weeks to move our boat to avoid a fine. So we put it into storage, and that was that.



About a week later, through a friend of a friend of a friend who works at the city, we found out that this newbie who had cited us hadn't taken it to his boss at all. He had realized that what we were doing was perfectly within the spirit of the rules, regardless of the actual letter of the rules, and knew we were in the process of developing an appropriate long-term storage space, so he decided to stick the whole thing in his drawer until mid-September, knowing we had indicated we would be putting the boat in storage then. At which point he re-filed the citation, whose requirements we were easily able to meet. We were satisfied, the citizen was satisfied, his supervisor was satisfied, all was well.



I have to say it was one of the most impressive actions I've ever seen from any city government employee, anywhere.
 
That's blasphemy...we can't let low-level newbies think for themselves, much less allow them to use common sense and to engineer a resolution on their own.



Things might go right for a change and there would be more harmony in the world. We can't have that.
 
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As you can see there is kind of a driveway, it just doesn't extend far enough back or is overgrown. I suppose I should see if it is just overgrown because if that is the case then there is nothing they can do.
 
JD, the one on the left clearly looks like an old "driveway" and path back to the detached garage/shed. The one on the right, well that one could be claimed to NOT be a driveway, though it too looks like at one time to have been such.



Which side were you parked on?



Like Gen said, get the Round-Up, scrape off a little on the top, and get a little deeper back on each and I don't see how they can then claim you don't have a driveway (or driveways).



Maybe they just want you to get them resurfaced and this is their way of encouraging that.



Maybe the local driveway paving company griped.



TJR
 
I would just simply start by talking with someone from the city to get an explanation of why they consider it a violation and then see if you can convince them otherwise or can do something fairly simply to change it (like get a load of crushed rock hauled in). Just because it is your own private property doesn't mean what it used to. Like it or not there are so many rules and regulations that dictate what you can and can't do on YOUR property. Many of these are for some type of safety reason, in some neighborhoods it is for looks (such as you cant have 10 junk cars in your yark), and in some cases it is to help enforce other laws (a local college town around here has a limit on how many cars can be parked at a residence to try to limit big college parties, there was a big fight when the city passed the ordinance but the city won). Try building a house and then you'll find out just how many things you cant do your way on your own property. From your picture I would agree that area was meant for parking at some point and it shouldn't be a big deal but I'm guessing something has prompted them to go out and give out these warnings like a complaint from another citizen. Good luck.
 
Here is an article in the Virginia Pilot that deals with exactly what you are talking about. Looks like you should try to scrape the dirt off of the cement to see what you have there. IT could be an "Improved" surface....
 
Firedog, of course someone made a complaint, and frankly, they should.



It's unsightly and it lowers property values.



People like to think that their property is thiers to do with what they wish, but that's not the reality of it.



If people don't want to be social and live by societal rules they should go find a cabin in the woods somewhere.



:eek:



TJR
 
I promise you no one complained about me, others in the neighborhood are much worse. We have two nicer vehicles (the ST and my wifes 02 Neon) and that is all parked on what is obvious (to us at least) our driveways.



Like I said we do live in a lower class area (being 25 and owning a house I'm not unhappy) but we have one of the best looking yards/landscaping in the area except for the driveway side :)
 
JD, as a few have said, I think you just need to get out there with some Roundup, a flat shovel and an edger and a few hours later you will have all the improved surface you need.



I doubt someone complained either. At this point, it's a nuisance ticket that generates money for the locals...that's all. Don't take it personally.



TJR
 
f people don't want to be social and live by societal rules they should go find a cabin in the woods somewhere.
Click to expand...

Or run for office and/or vote for people who may agree with you and change the law to your liking. Good luck.

I mentioned my sister's place earlier, actually the H.A. doesn't have a lot of teeth because most people tell them to kiss off and they'll vote them out if they become too much of a PITA.

Whole lotta yard barns, swing sets, and pools even though they're not allowed.

My dad gets hassled about his house in FL during the six months he's not there. Last year it was the grass being too high (unbeknowst to dad, the landscaper quit showing up) and leaf stains in the driveway. Oh, the horror.



There may be a code for an "improved surface" also, defining an acceptable surface, depth of concrete or gravel, etc.

My neighbor (old guy) enclosed his back porch a few years ago, I was like "Dude, you got a building permit for that?" "No, don't need that crap." :rolleyes: The wind hasn't blown it off yet, but I'm sure that day is coming.
 
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