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O.T.....the city VS. my old cars: rant

Discussion in 'The Hokey Ass Message Board' started by Ken Carvalho, Nov 25, 2008.

  1. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    Well just got back from court, 2nd time, got a pre-trial conference and all this over the city saying I am running a junkyard!! Well I am not, I don't sell parts Locally, or EVEN on E-bay, but They are after me, oh yea AND they have a seperate case against my wife!!! I actually bought a house about 1 week before they came to look but had not yet moved my stuff to the new place yet,didn't even know there was a complaint, went to court a month ago and "explained" that No it is NOT a junkyard, ALL the cars are titled in my name, and by the way I don't live there (we still own it, as our kids rent it from us) plus I took pictures and showed them everything was gone.
    Well the prosecuter says, I have to verify that you did all that... Today he says NOPE the code enforcement guys say that while you made an effort, you still have wood in the back (fire wood for the fire place) old tarps on the fence (there because I don't like people seeing into my back yard, I live on a corner lot thats kinda a busy street so LOTS of people can see us if we are hanging out so I put up canvas tarps to prevent that), and then THE KICKER....we have tall weeds growing in the alley behind the shop... This is the dirt ALLEY not my property!!!!! GOD DAMN IT I am mad, the pre-trial arrighnment is to prosecute us for a $5000.00 fine or a year in jail!!! But did you get what I said, ALL the cars have been gone since Dec. of last year, so now this is about some wood, some tall weeds, and tarps WOW,!!! We do NOT qualify for a public defender, so we are going in on our own, It's $3500.00 a piece for a retainer for a lawyer!!!!!!!

    O.K. sorry just had to get it off my chest somehow, with out yelling at the kids and wife!!

    MODS if you want to delete, I guess O.K. but I was hoping someone else could share thier experience on this to maybe help me along???
    Thanks guys, Ken
     
  2. skunx1964
    Joined: Aug 21, 2008
    Posts: 1,455

    skunx1964
    Member

    sux man, i hate livin in the city for that reason exactly
     
  3. You can lawyer up for far less. Ask around. Plus i would go ahead and mow and remove the tarps........I would argue the firewood aspect tho, just to get under their skin. I spent $700 for a simple case.
     
  4. model-a-fan
    Joined: Oct 4, 2008
    Posts: 842

    model-a-fan
    Member
    from Kentucky

    Lawyers and city officials are usually scum that don't want a real job. To boot they usually got their ass kicked in school, so they fuck with people to compensate.
     

  5. 49ratfink
    Joined: Feb 8, 2004
    Posts: 18,850

    49ratfink
    Member
    from California

    a guy who STEALS a car gets less punishment than you who stored some cars. nice
     
  6. TraderJack
    Joined: Apr 10, 2008
    Posts: 330

    TraderJack
    Member

    Go to your newspaper and try to get them to run a story on how they are harassing you after you have solved the problem!

    file a complaint with the city claiming harrassment because of the law suit

    Talk to the honchos in the city council or Mayor and try to negotiate something!

    Don't get mad at them, but be polite and ask them to come out and look at the place.

    Get all of the city's complaint in writing and try to solve the problems or negotiate a solution, and ask for the pertinent laws that you are breaking and that they are complaining about.

    traderjack
     
  7. williebill
    Joined: Mar 1, 2004
    Posts: 3,282

    williebill
    Member

    That sucks real bad,but I'm afraid these kind of stories are only going to increase in the next few years...Politically,it's getting much easier across the country to go after the evil cars we keep on OUR own property,with damn little regard for individual rights..When I hear stories of this kind of shit happening out in the middle of Nowheresville,it tells me that nobody's cars or personal property are safe...Good luck
     
  8. The problem is a lot of those codes are written ambigiously, issues have to be resolved to his satisfaction, so the enforcement officer can just keep picking on this thing or that thing as long as he wants.

    Maybe you need to threaten to sue the code enforcement officer for harassment and tell them you're not afraid to call the local news media and show them what you're being hassled over - basically nothing. Accuse them of basically trying to convict you because the city's desperate to raise money and not giving out enough traffic tickets or something, too. That's probably why the DA is in on it - trying to raise revenue.

    It also helps to get the code book yourself and know the codes you're being cited for so you can sound intelligent in front of the judge. Because the code people will lie, too. Being a code officer is basically like being paid to be an asshole. Which is great if someone's trying to put a porn shop and strip club next door to an elementary school, but most of the time these guys get a taste of power and go nuts with it.

    Our town codes are online in their entirety, so it might be worth checking.
     
  9. Is there a legal limit to the amount of fire wood you can store on your property ?

    Do your research, KNOW the Laws, and the Judge will probably side with you.
     
  10. belair
    Joined: Jul 10, 2006
    Posts: 9,015

    belair
    Member

    And keep your cool with the jerks.
     
  11. Sounds like one of your neighbors is making an issue of it with City Hall.

    That is usually what happens.
     
  12. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    Thanks guys, I was afraid you were gonna "berage me with" well get that shit outta your yard type stuff!!!!
    I have been in contact with the "C E" guy and he just says "hey if somebody complains" I have to take you to court!!! As far as my "fire wood" It is about 4 pallets broken up and in a pile, what they --specifically-- told me was That won't fit in your fire place so it is NOT fire wood!! Jesus, I would cut it down when I would go to put it in the fire place?!?!?!? Believe me I have been VERY cool with all this , thats why I wanted to come on here and "air it out" this is just friggen tax payers dollars at WASTE!!!!! Also as far as "how to stay within the law"... I was told I am not allowed to work on a car outside of my garage for A N Y reason!!! changing the oil in my driveway in the back yard is ILLEGAL here in Spokane!!!!! Putting on snow tires in your driveway here is ILLEGAL!!! this is absolutely unbelievable!!!
     
  13. Spokane, that explains a lot. Kids, this is what happens when you let whiny liberal environmental cases invade your backyard.

    But seriously I think I'd ask if they wanted me to spend a day running a chainsaw to cut that wood down small. Or maybe just do it, and enhance that carbon footprint.

    Like we said, read the codes yourself. No work of any kind on a car sounds like a blatant lie to me. People don't choose when their cars get flat tires, if your car gets a flat in the driveway you can't change it? (sounds like time to let the air out of the CE guy's tires, incedentally, then hide in the bushes with a video tape and see if he changes them or what).

    My experience was I was told you can't park a commercial vehicle of any kind in a residential neighborhood. Well, some people plate their pickups as commercial, so an awful lot of people would have problems if that was true. I read the codes online, the actual law is commercial vehicles weighing more than 7500 lbs can't be parked in residential neighborhoods. I called their bluff and never heard another word about it.

    I'd also look at the legal procedure. Around here, someone complains, the officer has to investigate it, and then if there's a violation, they have to give you so much time to correct it - they can't just take you to court.
     
  14. I'd like to see that in writing.
    So much for "freedom".
    Completely ridiculous.
     
  15. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    My wife is going to get on the phone tommorrow on all this!! 'Cause as of right now we don't really know WHAT we are in violation of!!! Better her than me, I can keep my temper in court and stuff, but an ASSHAT on the phone and I will f'in explode, which will do us NO GOOD!! She will ask EXACTLY what they want done, and as far as the neighbor issue!!! Here is a little "tid-bit" on that!! Unknowing to us, we bought this house on a -low-income- CITY loan, HELL at one time times were really tight I had a low paying job we had kids and we qualified for it, so what that meant was the CITY sold us this house with NO money down and some "sweat" equity, we had to fix some things ourselves!! NO F'-IN problem I was ALL over that!! Guess what we found out OUR GRUMPY old neighbor LOST THE HOUSE WE ARE IN to the city for NOT paying taxes!!! So no matter what he hated us from the day we moved in!!! we got HIS house! Thats neither her nor there, because the "neighbor" I was able to get his name but don't have his address is NOT the neighbor next door, (I know his name) man life is full of ups and downs, they are actually threatning to place 2 individualls in jail over some cars/firewood/tarps, who BOTH have full time jobs, pay taxes and pay for 2 friggen houses!!! MAN!!! If any of you didn't know I am, the same guy who has been trying to move to So. Cal. for the last few years (where I grew up) and this shit just makes it that much more desperate for me to get there!!!!!! I am actually selling cars left and right now!! 2 are listed on the HAMB now, so as soon as all my shit is gone, I sell my 2 houses, I AM OUT THE FUCK OF THIS PLACE!!! I don't care how many people say "oh the PNW is a great place to live" I hate it and this just adds to it!!!! Maybe It IS ME!!!! but man ...............................SORRY I AM GETTING PISSED I am going to stop!!! Ken
     
  16. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    Yes the words are ABSOLUTELY IDENTICAL on BOTH of ALL of our paper work. The ONLY differences are the case number, and our first names!!!!! What do you want pictures of??? The wood, the tarps, or the bushes in the alley?!??!?!
     
  17. Leaky Pipes
    Joined: Jan 11, 2005
    Posts: 596

    Leaky Pipes
    Member

    Hey Kurt, Obama's comin' for your hotrod. dont think he isnt. I know u voted for him.
     
  18. GuyW
    Joined: Feb 23, 2007
    Posts: 649

    GuyW
    Member

    Pfft - SoCal's worse for this kind of government harrassment...
     
  19. Chopper I feel for ya.....

    They are friggin' pricks but it reinforces what Ive been saying for years - your individual rights are being eroded away to to the point of stupidity, being non sensical and indeed downright unconstituitional.

    Conveniently being hidden behind the veil of "carbon footprint" this, "greenhouse" that, "environmentally freindly" , "gloabl warming" etc etc.... a fucking joke.

    The scariest thing is the scant regard to your individual rights - imo its only gonna get worse.

    Buckle up boys ....globalisation is coming home to rosst - LOCALLY.

    Rat
     
    Last edited: Nov 25, 2008
  20. bobwop
    Joined: Jan 13, 2008
    Posts: 6,115

    bobwop
    Member
    from Arley, AL

    come on Cold War, jump in again...this is right up your alley...oh wait, you now live in the country so there wouldn't be an alley by your place. You old law breaker, you.
     
  21. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    NOT BEING AN ASS!!!!! What part "doesn't seem right????
    I will be over there this weekend, and I'll post those pics for ya!! Do you have some "insider info" IE: you are a Code Enforcement guy/city worker????????
     
  22. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    COME ON GUYS,
    This wasn't suppossed to be a political type thing, I was just mad at the city, have had help from here in the past, and didn't want to take it out on the wife and kids!!!! " a shoulder to lean on -so to speak-" Even if we don't have the same ideals around here we are all STILL FRIENDS so lets not bash EACH OTHER!!!! Thanks, Ken
     
  23. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    Yes I know, the SAME charges against us!! We have both been to court TOGETHER!!! BOTH TIMES and our pre-trial date is the same time and date also... No,... I know the The former owners name ( the guy who CURRENTLY lives next door to the house) AND the "witness persons name,(they are NOT the same) AND his phone number, just don't have his address (probably good I don't even thought it would make it WORSE for me)!!!
     
  24. 29nash
    Joined: Nov 6, 2008
    Posts: 4,542

    29nash
    BANNED
    from colorado

    If you want to get this thing behind you, I would mow the weeds and remove the tarps, clean up around the woodpile. Also go over there and make sure the tenants haven't added to the problem and if they have, get them to take care of that.

    I would tell my lawyer that his job is to apologize to the judge for your misunderstanding the original complaint, that you thought the main issue was the cars. Take pictures of the cleanup and offer them up front in proper procedureal format, that's the lawyer's job to do that right. I'm not sure what the proffer would be but the lawyer will know and you make it clear what YOU WANT HIM TO DO, NOT WHAT HE WANTS YOU TO DO.
    If it's obvious that you have came into compliance, then the Judge might just come out and dismiss the case. They are too busy to mess with stuff like this. Even if case goes forward, the fact that you are in compliance will affect your sentence. Because from what you have told us, if you don't clean it up, you will be found guilty. Do yourself a favor.

    On the other hand if you don't clean it up, the Judge will be pissed off at you for "fighting the system", not doing anything and you are the one that's wasting his time!
    All local ordinances that I am aware of make cleanup of the alley the property owner's responsibilities. Hope for a "case dismissed" and you have won!
     
  25. Ken Carvalho
    Joined: Dec 22, 2004
    Posts: 1,611

    Ken Carvalho
    Member

    Will do that this weekend, THE TENANTS are my 2 daughters (they have not added anything) I DON'T have and CAN'T afford a lawyer!!I am stuggling to get by to eat and feed my wife and kids!!! What pisses me off the most like I originally said was AT FIRST, they said I was "running a junkyard" then when I produced pictures of all the cars (my ---> titled in my name owned<--- cars) were LONG gone, THEN they came back and said "wood, tarps, alley brush"!!!!! Come on now, WHICH IS IT??!!??!! I am NOT trying to buck the system, like I said I bought a house (out in the valley with land) AND FRIGGGEN MOVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
     
  26. wayfarer
    Joined: Oct 17, 2003
    Posts: 1,790

    wayfarer
    Member

    Ken, you did have alot of cars over there, but if you got those out I can't see why they're harassing you. I do know that the code enforcement officers here are a pain in the ass. My neighbor had one over to complain about a stump in the alley. We told her that it wasn't an alley, but that it was his property. She said we were threatening her and she could arrest us. We were just showing her the plot maps of the neighborhood. Eventually she calmed down and admitted that we were right and she was wrong, but that was after threatening us with arrest. I'm the most laid back guy in the world, not the least bit threatening. I do have some close family friends who are lawyers, I'll give them a call and see what I can do to help.
     
  27. Johnny1290
    Joined: Apr 20, 2006
    Posts: 2,834

    Johnny1290
    Member

    Dude what is wrong with you?!? Remove your ugly tarps the neighbors hate, cut down the weeds and get rid of the pallets that look like hell too. Less understanding people think stuff like that makes your house look like trash.

    Just do what they asked you and get on with your life.

    There is no reason to stroke out over this, which it sounds like you're about to do.

    Who's gonna take care of your family when you're dead? Let this shit go, gotta pick your battles and what's the point of this pissing contest with the city? You don't even live there.

    It's really just that simple. Do what they ask and clean up the place.

    edit: I was gonna say the same thing as coldwar, there is zero chance of winning this, only things to lose.
     
  28. chopperimpala, i know your anger as i deal with c.e. people all the time. i have been pretty lucky as the fucktard neighbors that call in the complaints end up looking like idiots! the officers (most i know on first name basis) get pissed for having their time wasted. when a complaint comes across their desk they call me and ask if i have any new cars and i usually reply no and send them a picture of the place with current newspaper in view. had 2 of them call last friday to wish me happy thanksgiving and were looking foward to stopping by when the next crop of tomatos were ready. if i was in the city limits i would be FUCKED but i'm in the county and they are so busy they will "get back to me" on said violation. call the local newspaper and radio stations if you feel like their putting the boots to you unjustly. but being in the city limits get used to the smell of ass kissing my friend! good luck.
     
  29. James427
    Joined: Apr 27, 2008
    Posts: 1,740

    James427
    BANNED

    Been down that road a LOT. My first rule of defense is ALWAYS deal with them in writing. Never in person. It makes them have to make all accusations ands specific charges well documented. It never seases to amaze me that they will accuse you of 10 things verbally, but only 3 or 4 if they have to put it in writing. Once I get it in writing, I hit the code books to see if they are telling the truth about what the law say is prohibited and why. Again, more than half the time they are BS'ing you about what the specific law says and you are perfectly within your rights.

    When they realize that you will be more trouble than you are worth, they will move on and try to scare other more gullible people.
     
  30. blown green t
    Joined: Nov 18, 2008
    Posts: 144

    blown green t
    Member

    The best thing you could do is just clean it up. If you go to court you will probably lose. Once they get a complaint about your house, they are usually required to address ANY problems they see. So even though the cars are gone, the weeds and other things are still a problem. As for the alley, they are utility easments but half of it is legally yours. That's how they can hold you responsible for it.
    I have a friend that is a "Weed Nazi" for our city. When some one called in on me I called her for help. Her advice was to clean it up as quick as possible. I got some friends over and after a day of raking and 2 loads to the dump (and stashing 2 cars at my dad's house!) they closed the case. If it goes to court they will have pictures and reports and the judge will usually side with them. Not always fair but that's how it goes.
    Good luck.
     

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