Well - things have taken a turn (after $38,000 in legal bills). I had a certificate of non compliance attached to the previous structure as I knew the city were basically making me fight timeliness and then when I won they would say the structure didn't exist. So, next thing I know - Jeff Flake knocks out the rear wall (right beside my fenceline - he's almost in my living room now) and I knew that if I didn't appeal it I was "giving my consent" to the illegal deck so I got a stop work order issued and Flake applied for a permit. Meanwhile, he has been doing a complete remodel of his house and told the DOPL guy that the city told me to contact that he had not paid them in cash or in kind. The remodel included knocking down load bearing walls, electrical, plumbing and gas lines and has been going on for 4 months with NO PERMIT.
I checked the permits issued for the French doors and there was no mention of the deck, but given my very expensive land law lesson from last year I knew that there was something else going on. Sure enough, when I arrived at the city there were plans for the new deck hidden in a "copyrighted file". So, the short version of the story is the I filed an appeal that the city could not claim was untimely, and I requested a State Property Rights Ombudsman opinion which "stops the clock" for me to get evidence in. If the ombudsman comes down in my favor then I believe I get awarded costs.
Jeff Flake asked to talk to me on our front steps and told me that my husband and I would lose our jobs at the University if we proceeded. Fortunately, I recorded the conversation.
Anyhow, if anyone can offer any suggestions to make sure the city can't provide (and then retract a false affidavit) and how I can get the structure gone I would appreciate it. My neighbor has installed a 12 foot fence which I have reported to the City and the HOA but they are ignoring it.
The new deck failed inspection .but he continues to build.
Here are some Facebook links which show the issue - you can tell he made me mad!
https://www.facebook.com/photo?fbid=10156681484347255&set=a.99706367254