Zoning law question

[The patriot]

OK. I applied for a permit to build a fence in August. I was told by the zoning officer that I should wait because the laws were going to change in my favor. I told him I want the fence now, I'd pay the extra $100. 00 and get the variance, or whatever is required so that I can have it now. I filled out all the paperwork and drawing. (actually the old zoning officer did!) A week later I had the permit in my mail!! So I had the fence put up.

Now... . there is a new zoning officer. He said the old guy was wrong, and I'd have to remove the fence, or he

may be able to have the Twp. workers "modify" it so that it's within spec. He said it's a "public safety concern" and it WILL have to be changed.

Now my question is, can he legally tell me I have to change/modify this when a full time payed Twp official already signed off on this? The old zoning officer came by and told me to take down the bldg permit, it's been OK'ed. I dont think he has a case.

Anybody here have any experience with bldg codes etc??

Any help/advice is greatly appreciated. In the letter he sent it says there is a "$1000. 00 per day fine, and/or 90 days in jail".

I got this letter yesterday (my Birthday) and was smoking all day over it.

Thanks for reading this. Sorry it was so long.

Eric



PS There is a large bush on the corner of my block that blocks the view MUCH more than the fence does. The fence actually dont block the corner at all.

 

[Papa Joe]

Is your fence too tall or located in the wrong place? Did you get a final inspection sign-off for the permit? If you got it signed off by a building inspector, you should be okay. 1997 UBC, Section 106 says fences less than six feet in height are exempt from building permit requirement. Local Ordinances, however, can be more restrictive. Hope this helps. Joe

 

[jodog]

Don't loose your mind over it!!! local zoning laws are a joke ran by people that don't have a life. [you know the guy who used get his milk money taken from him in high school] thousand dollar a day or 90 days in jail (RIGHT) the only person that can enforce that is a real judge. THINK ABOUT IT

 

[The patriot]

He measured it where the gate is, he said that was too high. That's not a big problem, the fact that they want me to remove the fence is what's burning me up.

Yes the last (dont work for the town anymore) inspector told me it was fine, and told me to take the permit out of my window. Guess I should have left it in the window, I wouldnt be getting this BS now.

Papa Joe:

To answer the question. Yes to both. It's too tall AND it's too close to the street corner. Something about the "triangular view". I have some hedges that stick out at least 5 feet beyond the fence, so the view isnt blocked at all from the fence.

Oh also, they told me that they didnt realise that it was a corner lot. ~BUT~ I got the paper that I had originally filled out the permit request on and it clearly shows both streets. I think they screwed up their copy because what he showed me today didnt have the side street name fully spelled out. I got both of these papers from them, after I filled out where I wanted the fence, they didnt center it in the copy machine too well.

There isnt an actual "sign off". He came to the house and told me to take the permit out of the window, it "was fine".

I think it's their mistake, and their code enforcememt dude signed off on it. Their tuff luck. I'm contacting my lawyer about it, but I was hoping there was some experience here that could shed some light on this cluster f***.

Eric

jodog, youre right. It's like it's their own friggin kingdom.

 

[RonaldLarson]

No, it's YOUR kingdom!

If you have the original permit, with initialed or signatured approvals of the work performed, you have the legal acceptance of the installation and design. If the signor was in fact a duly authorized officer of the jurisdiction in which you reside, and was authorized to approve your construction project, then you are protected from any further code or restriction changes, or personel changes which might have occured after your installation.

DO NOT let them push you around! The mere fact that your bushes obstruct some view, and that that fact has not caught the attention of any public service entity, should grandfather your fence.

It's YOUR city/township/state/country, and not the politicians, and don't EVER let them think they do not work for you!

Remember the Boston Tea Party!

Ron

 

[The patriot]

Re: No, it's YOUR kingdom!

Originally posted by ol ron



Remember the Boston Tea Party!

Ron

Yes!! Are you anywhere near where the "freemen" were/are? Often thought about joining.

I should also mention that it's constructed exactly as the drawing I and the inspector drew.

Eric

 

[DaveN]

Tell him to go pound sand!!!

I called my zoning guy, he told me it would be $65 to build my deck. So I built it, then after the fact he wanted another $140 for a building permit, and another $80 for inspections. I asked him why didn't you tell me this up front? He said I forgot.



These guys are a bunch of self rightous wanna be cops who got beat up as kids and want to make everyones life miserable. Tell him you have a signed permit and if he has a problem to file a lawsuit. If he persists with his whining, file for a restraining order.

 

[The patriot]

That aint even it Dave. If he wanted the $100. 00 for the variance, I'd gladly pay it just to shut him up. Granted, I will not go through the court hearing required to get the variance. (this is what they'd want) That would leave me open for a whole bunch of s%$t. (disgruntled neighbors/individuals that will complain etc. etc. ) If it was the $$$ I'd pay it. I offered to do the variance back in August when I applied for the permit. That was their chance for that.

This guy isnt a wannabe cop, he's a retired cop (he mentioned this probibally a dozen times in our 10 minute conversation)

Eric

 

[DaveN]

ugh

I don't mean to offend any cops that are reading this, but SOME of them really think they are a different and superior species of humans. It seems that this guy really is on a power trip with you, maybe you need to go over his head. I would recommend talking with the city manager or whoever is above him on this, and explain your side of it. Otehr avenues include public city meetings, etc. That can help you or it could hurt you too... . I guess the question is, do you feel lucky?

 

[Papa Joe]

My day job is civil engineering. I'm also an elected City Councilman. And, I'm a home owner on a corner lot. I see three sides to this story.



The zoning ordinance often restricts the height and location of front- and side-yard fences to maintain vehicular site distance. Good idea.



The Building Code empowers Inspectors to protect us from ourselves. Considering some of the crap that irresposible homeowner build without the privielge of a permit - this is a good idea, too.



Sounds like your inspector who may have known the UBC did not, however, know the zoning laws.



First and foremost, is traffic vision impaired ?. If it is, and if there's an accident, and if it comes out that you were resistive to complying with the Ordinance, well... you know the story. If it isn't, and you don't want to move the fence, and you have a signed permit, stand your ground.



Happy holidays. Joe



BTW - Some inspectors can act like Little Caeser, but it's better to try to get along than to pinch his head off.

 

[The patriot]

Originally posted by Papa Joe

First and foremost, is traffic vision impaired ?.

No! Absolutely not. Due to the slight hill, and the fact that there was a bush that's out futther than the fence by about 5 feet, it's not obstructed at all from the fence.



I found out who put in the complaint. It's a town councilman. Boy this will be fun. I'm contacting a lawyer that specialises in municipal law on Thursday.

On the bright side, even though he acts like a prick, the zoning officer tells me I could subpoena (sp?) him and he'd "side with me". I'm still not sure if he's sincere, after all he just started working for the town, and he knows who signs his checks... .



Merry Christmas all!!!

Eric