Ask the city attorney to define "operating" in writing. The burden of proof
is on the prosecution to show that you are operating rather than storing
personal goods.
Or buy a storage container.
You don't mention what state you are in, or whether your property is zoned
residential, but most states (N Y is where we are) adhere to the English
Common Law of, basically, "a man's home is his castle" which means,
practically, that the govt cannot enter onto your property without your
permission, in the case of a residential property, to inspect or enforce
building, fire, or zoning laws, with a few exceptions (exigent circumstances,
such as fire, imminent threat of collapse, explosion, etc) That is what
gives the Fire Dept the right to put out fires on private property.
Zoning rules probably account for the biggest headaches and ill-feelings
between neighbors. If the officials you talked to are serious, call their
bluff and have them issue you a summonse; nothing needs to be done right
away, as the court process can be delayed for a while, until you find an
alternative or are exonerated. The max fine is usually $250, but local
magistrates generally only fine about $100.
Don't panic. You have every right to try to convince them of your
interpretation as they have to do the same. If the premises are visually
offensive, (to them) offer to mitigate the situation, but do everything in
writing, copies to your attorney and the city mayor's office, or equiv. You
are not now, or will you be guilty of a crime, even if found guilty. (Unless
you do something to cause a contempt of court citation, like refuse to follow
the orders of a judge) There is always an appeal process which will allow you
more time to get your act together, and might possibly result in a favorable
verdict.
Ask to buy a copy of the local zoning ordinance from city hall. Read it.
Find the loophole of your choice and drive a wedge. Most actions of this type
start with a complaint from one of your neighbors. Invite them over for a
chat. (put away the twin 50's when you do)
One man's junk is another man's lawn sculpture.
A P Bloom, N Y State Code Enforcement Officer/Fire Inspector
This archive was generated by hypermail 2b29 : Thu Jul 05 2001 - 00:40:34 PDT