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Re: City Code Harassment

To: RFeibusch@aol.com, atravis@spacey.net
Subject: Re: City Code Harassment
From: Ross Overcash <jroverca@tiac.net>
Date: Wed, 19 Feb 1997 12:38:50 -0500 (EST)
At 02:32 AM 2/19/97 -0500, RFeibusch@aol.com wrote:
>Aron Travis writes:
>A fellow car nut(me) needs your help. Sorry it's non-brit
>and not even askinned knuckles type of topic- but I figure
>some of you must have had similar problems and could 
>offer solutions for me and any other car nuts who might
>end up in my situation.
>I've talked to many people and had as many different inputs.
>You all seem to know what you are talking about.
> I'm being harassed by the 'code enforcement' goons from the city of Palm
>Bay,Fl. I have a '64 Galaxie street/strip car parked in my driveway and
>someone in the neighborhood 
>doesn't like it-they keep complaing to the city. This car is registered,
>insured, and driveable. I was driving it approx.
>once every two weeks, but haven't since Christmas 
>(because I'm recovering from holiday bills-know what I mean?). It is ugly,
>usual faded mismatched panels, but no dents or rustouts, etc. I like it but
>some jerk doesn't!
> Today I got my fourth visit from the city goons. The first two visits the
>guys said that as long as it was registered and insured all was ok. On the
>third visit the guy said that 
>someone complained that there was six junk cars in my driveway and a bunch in
>my backyard. The guy had the guts 
>to admit that the complaint was obviously malicious as six cars could not
>physically fit in my driveway and that he saw no cars or tire tracks in my
>backyard (I never had a car parked in my backyard).
> BUT....the fourth time (today) the guy was a real jerk and issued a citation
>and fine. Unfortunatly only my wife 
>was home and he bullied her more than he could of me. 
>He said that being registered, and insured was not good 
>enough and that he thought it was not driveable, and 
>that cars can't be up on blocks anyway. I have a very 
>sloped driveway and I put two bricks under the cars tires. 
>Thisis what the city moron called 'up on blocks'. The 
>car is a automatic and is in park, the parking brake works 
>but I don't use it as I drive it so infrequently that it will 
>size up, so I use the bricks as backup.
> 
> Here are my thoughts at this point;
> There are many houses on my street that have nonrunning and 
>nonregistered
> cars parked in their driveways. I have talked to these people and they
> have never had any problems. The city code officers admitted that they only
>enforce these codes when there's a complaint- Isn't this selective
>enforcement when I'm the only one getting tickets?  Is there any way I can
>find out who has been complaining about me?  How can I make this stop in a
>permanent fashion? I've only lived here a year and a half!     -Aron Travis-
>
>Aron - 
>First go down to city hall and get a copy of all laws and ordenences that
>pertain to registered and running cars 
>parked on both the street and in the driveway.  Learn what 
>is and is not legal.  There are no grey areas that are up for 
>any city official or police officer to interpert.  A judge is required to
>uphold the exsisting laws or have the city change them.
>A word to the wise.  Be sure that your car runs OK, is not overly noisey and
>IS insured, even with low cost collectors 
>car insurance and be ready to show proof of this at all times.
>A cheap form of insurance is to paint the car gray or flat 
>black primer and polish the chrome and have a clean set of plated or painted
>wheels or some shiny hubcaps. Always 
>run a set of clean, straight and framed license plates.  
>Get some "REAL" pro wheel blocks and don't use anything 
>that looks like building materials.  Know your rights, 
>prepare your car and your case and you can't lose, 
>unless they can change the laws.  Even if they do, you 
>can change what you are doing to comply.
>If you still have continued trouble from the city, there 
>is a city board that will look into exactly why you are 
>being harrassed.  If you have done a number of stupid 
>people tricks to comply with the law and can prove it, 
>and the keep on you, it IS harrassment!  Good Luck!       
>See you on the Funway!              
>Rick Feibusch                      
>Automotive Journalist/Appraiser
>http://www.EnglishCars.com/rick.html
>mailto:RFeibusch@aol.com              
>61 Minor pickup
>60 Minor Saloon
>59 Minor Convertible
>69 Chevelle Malibu 350  
>Take pictures of everything to document what the car looks 
>
>

Aron,

In all honesty unless the person who is making the complaints is ready to
admit they are doing it you won't find out unless you hire a lawyer to look
into it.  I don't know what type of city government you have but there must
be a system in place to contest the ticket and fine.  I suggest you research
the ordnance that you were cited for and check into the procedures for
rebutting it.
On the selective enforcement issue.  Yes it probably is but not all
ordnances/laws are enforced unless a complaint is made.  As example in my
community we have a leash law for dogs.  We also have a part time animal
control officer.  The police do not handle complaints of dogs not on leash's
nor does the animal control officer pick up dogs that are not on leash's
unless a complaint is made.  It is the same with the mandatory seatbelt law
here too.  Yoou will not be pulled over just for not wearing a seatbelt, but
if you are stopped for someother infraction and the officer sees you re not
wearing your belt you my be cited and fined. So..  Good luck  

Ross Overcash, 74B, NAMGBR 2-1172, Ayer, MA.
http://www.tiac.com/users/jroverca


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