haunted house

[jim baird]

Local property owner, denied a rezone from single to multi-family on in-town parcel, held a "haunted house", in defiance of local zoning authority.

City sought "injunctive relief" under zoning authority (operating business in residential zone) to try to stop him. Local court, hearing property owner's evidence of inconsistent zoning enforcement by city, denied city's injuction.

City appealed, lost, appealed all the way to state Supreme Court. By this time it was May. Court threw it out as "moot", since Halloween was long past and activity no longer under way. Dissenters on court thought mootness did not apply, since Halloween comes back every year, and argued that court's refusal to hear the case left City no recourse if the event recurred the following year.

The following year the owner did nothing.

This year owner told me (now in charge of building inspection and zoning) that he would do it again and City could not stop him.

I told him building code does apply, as well as zoning, and to bring me written proposal if he wants do this Kosher.

No reply, and I'm told his crews are working in stealth mode to hold event again, but only one night, which will be Halloween.

I plan to wait, and if event happens, to cite him for failure to permit, since the zoning application has been struck down, apparently forever.

Question: Has anyone here been able to enforce building codes while ignoring zoning?

Has anyone here had to deal with this kind of defiance?

 

[north star]

Re: haunted house

`

jim,

Is your question of dealing with defiance related to the

Haunted House(s), the zoning, or just the defiance in

general? You ARE aware that we are a sufferin' lot,

...of code officials who have to deal with defiance every

day, in one form or another.

We typically cannot enforce the adopted building codes

here, but overall, our zoning requirements seem to be

pretty compliant. Our adopted municipal ordinances

are subjective, just like the construction codes.

`

 

[JBI]

Re: haunted house

Jim -

Has anyone here been able to enforce building codes while ignoring zoning?

It's not necessarily a matter of ignoring zoning. Cite the Building Code violations and permit violations for what they are. That a court refused to uphold your Zoning Law does not prevent you from enforcing the Building Code and permit requirements.

The case sounds like a good example of bad representation by counsel for the City. At the very least he/she should have pushed for an order to prevent FUTURE occurences of the violation... that's actually what an injunction is. A TRO or temporary restraining order would cover any immediate violation, the injuction 'enjoins' the party from violating the law in the future.

Has anyone here had to deal with this kind of defiance?

I've got to believe that is a rhetorical question.

North Star nailed it - we deal with defiance every day. Suckers for punishment? I've got a guy that converted a SFD to a two-family, no permits AND added on to a shed and converted IT to a SFD, no permits and all on the same lot. Grandfathered SFD, now can't be restored to that use (zoning restricted). I have a signed 'Stipulation of Settlement' that he insists he's complied with and the Judge is in no big hurry to put the screws to this A-hole.

I guess if you put my feet to the fire, I'd have to say... Yes, I deal with this kind of defiance!

 

[jim baird]

Re: haunted house

I confess, North Star, to whining, for which you appear to have busted me.

Over in the county arena where I served, the local magistrate would issue suspended fines to violators, pending compliance.

Here at the City, I have to admit I am unclear as to the judicial protocol.

The violator is what I think is a typical small-timer turned big-time due to some sudden money made during the recent "irrational exuberance" of the housing bubble.

His wife is a realtor who sells the spec houses he builds.

When he felt the heat before, he turned his enterprise into a benefit for the local church, and the judges caved big time.

That's how it is here in the Bible belt.

I, however, think the City deserves some support from the courts if there is to be any rule of law.

Otherwise, it's pretty ho-hum.

 

[cda]

Re: haunted house

Suggest you write a haunted house ordinace before next holloween. Have been in two cities that have had one, and a little easier to shut down a non compling haunted house with one in place.

 

[north star]

Re: haunted house

.

jim,

Sorry, I wasn't trying to bust you or anything. I apologize if I

came across that way! BTW, you weren't whining and even

if you were, you are a valued member on here and are

allowed to vent and complain. Most of us have been there

and done that, and yet still come back for more. Go

figure... :lol:

cda DOES have good recommendation. Have some type of

Hounted House ordinance passed [ if that's even do-able ].

If that's not achievable, is it possible to have the fire dept.

visit them [ impromptu style ] and cite what they find ?

Unfortunately, you can only do what "the powers that be"

will allow you to do ( i.e. - issuing suspended fines ). What

kind of junk is that ?

Also, as has been stated before;, on another web site forum

[ aaaaaaahhh-hemmm !! ], you; as a code official, are the

bad guy! You're just a mean `ol man with a [ code ]

agenda to rain on everyone's parade. You don't want

anyone to have any fun, ...even though that's what you

were hired to do ( all together now, can anyone say

'hyp-o-critical' ? ). We feel your pain! The fire

dept. guys & gals, now there's the Safety Heroes! They

"git r done" !! They save the communities. Hoooo-raaay !!

They can cite and write all day long, as long as they

regularly show up with the big red, shiny fire trucks and

the dalmatian dogs [ gotta do the P.R. thingy, ya know !! ].

NOTE: FWIW, I am not disrespecting the fire service people

or the jobs they do! Matter of factly, "thank you" for your

invaluable services. Please continue to do so!

Jim, we code officials have an image problem. We

attempt to enforce what has been adopted [ by the municipal

officials ], and no one wants to hear it! Our tag line of

being "First Preventers" ain't cutting it. In some respects,

we are kinda like the military. No one wants to do the job,

but the job must be done and the public protected. And

when called upon, we DO the job, even if they are beating

us about the head & face all the while. Also, see Job 13:15, NIV.

[ FLASHBACK: I'm sure some of the older veterans on

here remember people spitting on and cursing the veterans

returning home from Vietnam ].

I can only encourage you to 'keep on, ...keeping on !'

Your job and service DO matter!

.

 

[conarb]

Re: haunted house

The revenge against the regulators this Halloween, even the AGC is getting into the act, the good contractors' organization, not the NAHB. Click the parrot to see.

 

[jim baird]

Re: haunted house

Thanks for the hug, northstar.

Note: Listen to cda, when he speaks, the mountains tremble.