Selective Code Enforcement?

[Streakn1]

For six and one half years, work a month (or two), come home, park bobtail, then 40' DR-unit in driveway of home we own. No problems, no complaints from neighbors, never hear a word from "Code Enforcement". Leave home end of 1/07, go to work, come home beginning of 3/07. Find letter from "Code Enforcement" in the mail.

It seems code enforcement decides after six and one half years to drive through the neighborhood for something to do ( not because of a compliant).Sees our truck in the driveway two days before we leave in 1/07. Sends letter of violation with code cited verbatum on letter. Interesting that code not only addresses "commercial vehicles" parked on "Residential Zoned Properties", it also list boats,utility trailers, RV's, motorhomes, storage trailers including "picks".

Now, how does a code enforcement officer while parked on the street in front of my property on 1/26/07 get out of his vehicle, take pictures of our truck, get back in his vehicle and not see the following directly across the street: (1)Motorhome parked in front yard w/ power and water connected from house,(2)boat w/trailer and two utility trailers parked on side yard,(3) three untagged vehicles parked on side yard, (4)10'x40' pick storage unit dropped on side yard without a permit, all of which violate the code. Then he drives past the house next to this one and does not see the bobtail parked in the driveway. I could go on (all on one block) but you get the picture. We get notice, nobody else does.

Officer claims he did not see those violations when we question him this past Monday, yea right!. We accuss him of selectively enforcing the code. He claims not. Neighbor across the street finally gets violation letter in today's mail. Ooops, wasn't trying to get neighbor in trouble, just questioning "selective enforcement".

Marion County Fl. expediters beware, there may be a bored Code Enforcement Officer coming your way to spoil your day! x(

 

[thunderhorse]

UH OH... sounds like you made somebody mad at Panther..haha (just kidding) really , it sounds like a peed off neighbor or an enforcement officer you beat up in the 3rd grade. good luck.

 

[EASYTRADER]

Go to your city council and have the rule changed. Most of the things that make our lives miserable come from local government. Everybody watch's what Pres Bush is doing, but nobody pays attention to thier own city council.

 

[Streakn1]

Going to the City Counsel sounds good on paper. The reality is that most incorporated cities are wanting to rid all residential neighborhoods of "commercial vehicles".I would say ours has just jumped on that bandwagon! Then, the majority public opinion is generally what the counsel is going to go with. So as our fair city has changed from more of a younger working class citizen that works at horse farms and mobile home manufactoring etc, to mainly retirement age residents you can see the problem.

Before I got into full time trucking I spent 15-years working for municipal government in the very department involved with building, zoning, and code enforcement.The public has to be allowed to voice opposition or approval at a public meeting before city counsel can make their final decision regarding zoning changes. In our area, the majority (old Farts) choose to vote the trucks out of their neighborhoods. Its a no win situation, and its becoming that way across this country.

So forget trying to get zoning laws changed, simply try for a "variance" on your property based on a hardship. Majority public opinion still affects the decision of the counsel. Need I say more!

 

[mrgoodtude]

I feel you to the teeth!!!!
I used to make out a bill of lading to my address and make my delivery before the truck broke down....
Then I moved out of the blue hair state.
Not much help I know but you aren't alone
Mike

 

[RichM]

Marion Couny is tough.My sister lives in Ocala and one time I stopped with the truck for an overnight vist. In less then a hour I was told to move it immeadiately by the local police even though it was off the road and not a hazard to anyone passing by. She thought a miserable neighbor called it in.

 

[GerryGA]

I had a problem taken my tractor home here in GA. I went to the cop shop showed them my name was on the title and explained that I thought it was a POV without trailer and not under a dispatcher's order. It worked but this is a pretty small town.

 

[slfisher45]

Streakn1 has the right idea. Find out when the city council meets, do the paperwork for a variance and plead your case. Don't be an a$$ when you talk to them. Kiss, Kiss, Kiss. That works if your are softspoken.
It has nothing to do with being a MANLY MAN, council board members usally were beat up on the playground. They always feel threatened.
They make unpopular decisions.

 

[riverrat2000]

Our town tried to do enact the same ordinance about a year and a half ago,
a local driver talked to OOIDA about it and they even wrote an article about it, well to make a long story short a number of drivers went to a council meeting and got it voted down, it goes to show what getting united about a problem can do. I suggest you contact OOIDA and ask their advice {What not an OOIDA member yet??]lol then contact as many drivers in the area and talk them into uniting and going to city council and try to get the code changed. United you can make a difference

 

[Streakn1]

Slfisher45: it was actually Easytrader's suggestion that we go to the city counsel which is good advise when it works. In our city this is a battle that even OOIDA is not going to win. These ordinances are as legal as the day is long and as long. Remember,its the voting majority supports the elected officials. They are going to cave them, not a few hundred truckers. They do not want to go against the majority and not be re-elect for the next term. Whem the demographics of our city changed to mainly retiries a while back that's when things took a nosedive, afterall you don't want to p#ss off the largest part of your tax base!

Richm8: the 11-years my wife was a sherriff's deputy here, her job was (as with the rest of law enforcement here) to protect the citizens from criminals,patrol the roadways for traffic violations, and serve summons to people. It was not her job to knock on drivers doors and tell them to get their trucks off of their residential property. Thats code enforcements job. In your case, you said you were not parked on the street or in the public right of way or the neighbor's property without permission. So I have to question why OPD was doing code enforcement's job. OPD should had told the complaintant they will need to contact code enforcement. Only then if code enforcement request assistance from OPD for an unrulely person, then OPD should have showed up. Now the exception to that would have been if OPD chose to drive by and felt the truck was in the ROW and creating a safety hazard.

The proper proceedure is that code enforcement has to first inspect the property and see the violation, second notify the property owner of the violation in writting and give a minimum of 14-days to correct the problem, unless the violation places the public in immediate danger. Then if the violation is not corrected in the 14-days code enforcement must notify the property owner again citing to fine that will be levied if the violation is not corrected within a specified time limit. If the violation continues after that piont then code enforcement can request that local law enforcement assist in correcting the problem.

We all know the rules aren't always followed!;-)

 

[BigBuzd1]

HEY...Marion county...eh? citrus here...we live over in Dunnellon. Actually it is River Bluff Cove off of cr-39...neighbors complained of our straight truck in the 15 or so house neighborhood on a dead end street, but never any citations....we stay with my wifes parents when we go home and her dad owns 10 of the lots...he is trying to by all the available lots left so he will be the majority of the council and can change the rules. lmao!
he's got the ability to do so to...he owns quite a few bingo halls across florida...one in dunnellon and also baseline bingo in your neck of the woods.
he said once he owns 51% of the lots will will be free to park wherever we wish!

funny thing...we stayed out almost those exact dates you did!

 

[greg334]

I must throw this in,

There is a big difference between a city, township or local council and a home owners association.

I have strong feelings about the latter which I feel is more like a Politburo practicing nomenklatura.

 

[slfisher45]

Streakn1, You suggested the variance, which I concur is the correct procedure.
Changing the code is not an option. It is there forever. A variance will allow you to park there occassionally. Which is what you do.
A group rallying to stop an ordinance from being imposed is different from removing an ordinance or code.

 

[joebob1_30132]

Sorrry to hear it ..Fight the good fight ...Instead of differences .you and your neighbor have a common cause now ride the neighborhood or the county and find out who else has Rvs and illegal drivway contraband.. find out is there any other non citationed people and tAlk with them, petition and show up at hearings .. quick example;
People in a north Ga town were being floodd by people from Atlanta bying cabins in the mountain ..well the money people didnt like the looks of the mountain peopls houses trailers and yards .. the mountain people have lived up there for over 100 years and nobody bothered them ..they live there to be left alone.. things on the porch cars in the yards on blocks ..you get the picture... when the local politicians saw big money coming they got exicited and tried to chang e the locals .. the locals showed up at every meeting and crammed it back down there throats... Little inspiration,now all you have to do is supply the perspiration...Go stick your finger in their eye Consult WOLF for moral support... he also gets it.. Good luck

 

[bernieh48]

Well this is one of the biggest reasons we moved back out to Silver Springs in the forest. Ocala in the city itself has gotten so ***** over stupid things like this. It makes me so mad when you can't park something you own on property you own as well! The utilities in town were getting so high too that we gave up and went back out to the forest where you can leave your doors unlocked and not have to worry about it! It just amazes me how city council's can pass this crap.

 

[cheri1122]

They get away with it because people don't pay much attention to what they're doing. As Joebob so colorfully phrased it, your best chance to poke them in the eye, is at the local level, with like minded neighbors at your side. Up the people!

 

[dukesadog]

I'm pretty sure that the State DOT commercial vehicle enforcement officers will help you fight the city ordinance. We had a problem with our truck which is not lettered and under the ordinance in our town of anything over 20 feet.

Code enforcement came here and called the cops who called the DOT out and they said someone would lose their job if they were called again due to our truck being under that 20 foot rule ( Duval county)

They gave us a form letter and told us to call them if we were harrassed again and they would take care of it. They explained that even though our truck is not lettered it is still for commerce ( getting our tools to a job and back) and protected under state law regardless of what local law says.