Legal advice

[shane]

The city has advised me that the A/C compressor is located in
a place that is in violation of an ordinance. ( 10 feet from
property line.) The contractor never told me about this ordinance. When the city served me a violation notice he told me he knew of it but there is no other place on the property to place it. The rear of the house is cantilevered and has a finished breezeway and a deck. He then told me to ask for a variance, which I have done.
There is no guarantee that the variance will be granted. Walking around the neighborhood I've noticed at least two dozen others that are also not ten feet from the property line. If I am not granted the variance (neighbor complained even though it's been in the 50's and has never been used) do I have a case? The compressor is on her driveway side and is 14 feet from her house.

Thanks,

Shane

[JesseV!!!]

Did the contractor have to get a permit? He may be one to look to. Will they let you build an enclosure around it to satisfy them?
Good luck fighting the gov!

[rrbauer]

shane-

re:
There is no guarantee that the variance will be granted. Walking around the neighborhood I've noticed at least two dozen others that are also not ten feet from the property line.

1. Get a camera and take pictures of the other installations that are not in compliance.

2. If the variance is not granted, get the pictures developed (2 sets) and request a hearing.

3. If you get a hearing, present the pictures to show that the ordinance has not been enforced in the past and insist that enforcement now, in your case, is punitive .

4. If the city persists, send a complete documentation package with pictures to the real estate editor of the most influential newspaper in your area and ask for help.

5. While all of this is happening, head on out to the track and pick some winners!

[Tom]

Get a good (isn't that an oxi-moron???) shyster lawyer and prepare. Even though it sounds logical that you have a case, city governments are, well, city governemnts. The mayor is a step above student council president and most city officials are pompus little wealses that think they are important people.
They are not. But the can make life miserable and you might end up having the "grease" the weheels of justice, if you get my drift. By all means, put away a few exactas for contingencies.

[shane]

Thanks guys,

The contractor did not pull a permit nor was he registered to do business in the city. He did admit he knew of the ordinance.
The reason I think I need an attorney is that the zoning board meets at 7:30 p.m. Thur. May 16. My case is slated to be decided then. Yesterday I received notice from the city to have the compressor out by May 17 at which time a visual inspection of my property will be made.
Thanks again.
Shane

[JustRalph]

I worked as a City Police officer in a town of 25,000 for 6 years. I saw a lot of this kind of crap. If you get an attorney, get a local guy who has practiced or has an office in your city, for at least ten years. He will have seen enough of this crap to know which way to go. he might even be buddies with or a former member of one of these groups that you will have to deal with. If you are going to pay an attorney, don't get a hot dog from outside of town. He will get shut down at every door and it will cost you money. Just a little advice.

[bill]

how did you fare in your battle with the city

let us know

[shane]

Bill:

The complaining neighbor attended the zoning board meeting. It was her contention that my having a side of the house compressor was going to devalue her property. The city tried to make me remote it to a back of the garage location. I strongly objected and gave my reasons. The resolution is for me to change two sections of my split rail fence to solid pickets, plant evergreen shrubs and for the contractor to install a sound blanket on the compressor at his expense.
( really didn't feel they should make me do anything, but it's a seven member board and you must have a majority. Since three members didn't come I needed all four remaining votes to win. My wife, timid soul that she is, insisted I tone it down. A split decision.
Thanks for asking.

Shane

[Tom]

I don't see how your compressor could de-value her house anymore than having garbage like her living inside of it!
Hope lightning strikes tha biddy's house and burns it to the ground!
Give her a digital salute for me. People like this deserve ill fortune.
There is a book for vindictive peoplle - do a web search for "Don't Get Mad, Get Even." I have used many of the "ideas" from it and they are priceless.