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"I Need a Lawer..."


rjfranken

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The city has come down on me for having 3 reatta out on my rear gravel pad. One I cannot get a title for the other 2 may be drivers (one this spring) one day but they are not insured and therefore not tagged. They call them abandoned but I call them "saving and restoring art", "hobby cars", "personal possesions",and "the persuit of happiness".

I have a week to appeal and I will of course. I just don't know what course to present yet. Any help or guidence out there?

Edited by rjfranken (see edit history)
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Guest Kitskaboodle

Would it help to put some inexpensive car covers on them?

You can get cheap ones at Wally-Mart (Budge Light) for around $22.00 each.

Kit

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Guest Mc_Reatta

Some points that may be germane:

Are the vehicles visible from the front of the public area of your property? (street, sidewalk)

If not, how did the code enforcement discover them? (Neighbor complaint or they committed trespass?) How did they determine they were not registered if they can't see the car from the front of the property?

My city has a similar statute, but can't enforce if the vehicle is behind a privacy fence on the side or rear of the property. They don't have the right to come onto your property to investigate.

If the going gets rough, you can fight the abandonment claim if the vehicles are titled but not tagged on your property in state court. The ownership of a motor vehicle is under the jurisdiction of the state not the city, so the claim that the property is abandoned on private property may be difficult for the city to prove in state court. A bill of sale may suffice for the one that can't be titled as long as you can prove legal ownership. The city has to prove that there is harm being done to the public, or that the safety, health or welfare of the public is possible endangered from the cars. They probably won't want to bother to fight you in state court if the problem is not plainly visible to a person driving or walking by your property. (In their or your neighbor's face)

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Guest Double M

Get Collectors car insurance and put plates on them. The insurance is cheap and it is probably available for a 20 year old car that doesnt get many miles.

Many states have enacted these kind of laws, but enforcement is spotty at best, Probably one of your neighboors complained and then they sent someone to check it out. Most municipalities dont waste the time and money cruising around looking for cars on peoples' property, but once some complains, they have to enforce.

Putting covers on them now is like closing the barn doors after the horse got out. Good luck!

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Guest Kitskaboodle

The car covers are meant for one to "keep a lower profile"

with your neighbors.

It might also help to do some of your neighbor's

yardwork (without asking) or some other kind of favor to them.

It might just get you some extra brownie points with your neighbors.

Kit

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How this happened- the neighbor next door got sniped by an old lady on her side for her cargo van parked in her back yard all summer while I was working on the darn thing. ( I found a friend in the enforcement office that summer who collects 2-seaters and he bought me several months as these being "Hobby Cars"). The enforcement Ofc. just went to town on the whole alley! Two old garages where comdemed, a fellow mech. has to shuffle cars because he works from his home (Nice Garage),. And I have to paint my window shashes and replace the gutters.

I get alot of good coments from passer-bys in the alley about the cars.

BTW. Thanks All.

Edited by rjfranken (see edit history)
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Guest rsteere

I pissed off the city officals once when they tagged a car in my driveway for the same basic thing. I put it on my car trailer that was plated and covered up the car. Low and behold they couldn't touch the car because they had no rules to apply. Check with your insurance provider and see what it would cost to cover a car that is in "storage." My '38 sets in the garage fully covered for about $20 a year.

Randy

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Not much to add here except that we who like to collect cars should expect more of this sort of municipal harassment. All about the money of course, local tax revenues are down in most jurisdictions, so they go looking for chargeable offenses that they can use to replenish the city pot. Now, I understand writing up legitimate eyesores or safety problems. But, if there are two complete cars that are not (visibly) junk piles and sitting on blocks in your yard that are also not visible from the public right of way, then I don't see a problem. This latter situation is where the never ending bureaucratic overreach starts to grate on me.

In this same vein, please be careful of erecting storage sheds and such "on the sneak" even if not visible from the street, as many savvy code officials are now using Google earth and other aerial picture mapping services to spot un-permitted additions and improvements to properties so they can ding property owners on that as well. Also, I imagine that portable garages like those sold at Harbor Freight are disallowed in many places where people think the restroom smells like roses when they are done there. No eyesores permitted in our fancy neighborhood kind of thinking.

Of course, as seems to be the case here, this was probably brought on by some shriveled old hag who had nothing better to do than complain to the city about something. Been through the same thing myself once years ago, and let's just say I didn't take the high road. When trying to reason with an unreasonable person, sometimes revenge is the most satisfying solution. Heh, so much for my holiday spirit.

KDirk

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