Business Operating in RR-2

[NoDawg]

What is the name of your state? Orexico

I too have a next door neighbor that thinks zoning is for everyone else but him.
He is operating an Automotive Repair and Paint/Body shop in an RR-2 Zoned section of a rural housing area.
When he paints cars or pickups, he blows the overspray/ atomized thinners etc. out the back of his shop and it all blows over to my place and into my home. I have to leave the place just to breath.
There's the constant hammering, grinding and pounding. Engines running and being gunned to high RPM, tire squealing, heavy traffic and delivery trucks up till 10 PM or later. Some times it starts around 5 AM or so in the mornings and goes on 7 days a week.
There are literally dozens of complaints complete with photo's filed with the county zoning office, sheriff's department, DEQ and all to no end. They all refuse to act claiming overlapping jursidiction or telling the rest of us there's no law being broken.
Now this person has taken to peeking thru a cedar fence to see what's going on when neighbors are on my deck. He's trying to listen to what we are talking about and when caught, claims "he's just checking his junk cars that are all stored behind his shop.
Then he goes in and sprays some stinky solvents or ??? into a fan directed directly at my property thus filling the air with sickening chemicals forcing us to abandon our deck and seek refuge across the street until it blows away and he decides he has succeeded in breaking up our get together.
Oh, one other thing. He does take cash only and is not married to the lady he lives with that owns the property and is supposedly totally disabled and collecting SSDI by his own admission.
There are over a dozen disabled vehicles parked around the neighborhood and on timber company property unbeknownst to them. All leaking fluids into the surrounding ground and making nice Rats nests.
Non of us can afford to hire an attorney to represent our side so any ideas?

 

[LilBigDog]

I'm NoDawg's neighbor...

(Lincoln County, Oregon)

...the one who was visiting NoDawg last night, with my cancer-stricken S.O. (who was made even more ill by the chemicals blown through the offender's fan toward NoDawg's house). Accompanying the chemical assault was an onset of loud music (legal because it was before 10 p.m., but clearly in response to our complaints about their attempt to eavesdrop on our neighborly conversation). When the property owner arrived home, the harrassment ceased.

To what extend is she responsible for what happens on her property, by people who live there, even in her absence?

NoDawg reported the chemical issue to the local Sheriff's Deputy, only to hear that this activity "isn't illegal." Since when is poisoning your neighbors not against the law? Additionally, despite the Deputy's promise to come by, he never showed (however, when my SO's daughter called a wrong number, the recipient of the call reported her - the daughter - for "using her minutes." Yes, the Sheriff's Department felt that this "offense" deserved a house call to my SO).

The offender and his woman (the property owner) moved into the neighborhood and began their illicit "business" 5 years ago.

My own complaints of trespass, Peeping Tom, harrassment, break ins, dogs at large, etc. have fallen on the Deputy's deaf ears also, leading me to wonder, whose side are they on? At (the very) least, he (the offender) is not willing to risk coming on my property anymore, but now he's turned his attention to NoDawg.

Admittedly clear to all, the offenders' actions toward NoDawg and me is in retaliation - NoDawg and I dared to complain about his being an indescribable nuisance. The offender threatened to burn NoDawg's house down a couple of days ago. A few months ago, he came at me with his car, narrowly missing me (because I jumped out of the way). Again, our word against his. That there was a witness seems unimportant to the LEO's.

Like NoDawg said, he and I are of extremely limited financial means at this time and cannot afford to hire an attorney. It offends me that we should have to even consider this measure, since the offender is the one breaking the law!

It's not so much the fact that the offender is running a business (I, myself, do eBay), it's the harassment, the criminal element and now, the air pollution that are driving us to near desperation. Why do the Law Enforcement Officers not Enforce the Law?????? How many times, when administering a really stupid law, have we heard them say, "hey, I'm just doing my job." ? I'm very disillusioned by my recent experiences with the offender, but even more so with the "LEO's."

NoDawg and I cling to the hope that our complaints to the County Zoning officials will soon see some progress. We're here seeking ideas on how to light a fire under the authorities arses. How can we reclaim our peaceful neighborhood? Short of breaking the law ourselves, of course.

Any and all help will be greatly appreciated, and the sooner, the better. Thanks in advance.

 

[somajr]

Now that is something to complain about. If I may distinguish between the two. You have a legit negative impact. I wouldn't want to live next door to that either. That is what zoning laws are really for. I smpathize with you.

I would think that if you were willing to spend some money, you could get an injunction against him to cease and desist. DEQ and the other agencies that you mentioned have bigger fist to fry. They don't have time to care about your issue. Like you said b4....it is about the Money. Your neighbor is betting that you won't do anything.

If it was next door, I would have him in court within the week. If you aren't really ready to sue him, you could draft up a lawsuit and send it to him. Let him know that if he doesn't clean up his act...you will file it. Make sure it has some wording in it that you are going to motion the court to immediately shut him down pending the lawsuit. He may not go away but when you threaten to cut off the money sometimes it makes a point.

I had a problem with a guy next door. I blocked him into his own property and then brought the police over when he tried to stop me. He threatened to call an attorney...after a day he came with an appology. After he found that I was completely in the right and he would have speant a lot of money to just lose. He is now my good friend. I also think that he has told the other neighbors that I don't play but I am easy to get along with if you try! See...two birds, one stone!

Good luck with that. Push every button that you can!

 

[FarmerJ]

Go after your local politicians threatening to make this a campaign issue and be dead serious about it . Either your twp board or your county commisioners will make good targets and make sure they are convinced that you will make such a huge stink . You might just want to start out with sending them certified letters with your complaints about the nieghbor and create a paper trail.

 

[LilBigDog]

To Somair,

I appreciate your sympathy.

Yes, NoDawg and I have considered hiring an attorney. Actually, it's not really a consideration.

It's Not that we're unwilling, we're unable. It's hand-to-mouth for us as it is.


And to FarmerJ,

I've considered writing a Letter to the Editor of our local newspaper. Two problems I see ...

1. The editor is loathe to print anything that disparages local government, and

2. (for me, I don't know about NoDawg) is the thought of being targeted by the LEO's. The neighbor is a real nuisance, but the cops, OTOH, to protect their jobs?? I have a child to care for, so I'm in no position right now to offer myself up as a martyr.


NoDawg is relatively new to the area, but I've lived here for a long time, and SO knows quite a few of the Deputies. The "good" ones have quit due to their experience with their boss. The remaining "good guys" are close to retirement age, but they are miserable, and will do nothing for fear of losing their pensions.

Here we are again, proving the old saying that "one can get all the justice one can afford." However, something must be done. The longer this situation drags out, the bolder the offender gets.

There has got to be a way to take care of this without a.) spending money (we don't have), b.) endangering ourselves, or c.) breaking the law.

Thanks so much for your help.

 

[FarmerJ]

Then if you cannot do a letter to the editor with some success consider going to your nearest TV station and tell them your story about local officials failing to take action after you have done certified letters to the locals and give them time to do nothing. then contact media , Fair odds are it will still be a thorn in the side to the local officials and they will act on it.

 

[LilBigDog]

You've got a good point, FarmerJ.

NoDawg and I are relatively "the little guys" in a pretty rural area, and the nearest TV station is 100 miles away, but injustice is injustice. I'm of the opinion that news, no matter the format, is under some degree of censorship, but we're desperate here. Sheesh, I'm getting so cynical!

Also, NoDawg has a sister who has more means than he and I possess. He's going to make his request for assistance with an attorney who would draft an injunction and send it to the offender's woman (the property owner) and to her banker and her insurer. We hope she throws the bum out on his ear, or failing that, the banker and insurer withdraw their support.

Hopefully, that would lend additional teeth if and when the County finally decided to haul them before the Circuit Court Judge, which the guy at the Zoning department PROMISED me would happen, with the request that I be patient. Perhaps I'll call him again today for an update. Hey, good news could happen!

I forgot to mention that the woman/property owner is employed by the local Public Works Dept, so in that regard, this whole clandestine operation is being funded, through her, by a government job. Don't you love the irony????

Dang, you're right. This would make a good news story... if they'll investigate it and run it.

 

[NoDawg]

Continuing Saga

Oregon:

Letter drafted to send via Registered Mail to County requesting update and reply as to why it's taking so long to shut down illegal business operating in RR2 Zoned neighborhood.

Seeking an attorney to send registered letter and seek Injunction to offender stating imminent law suit for Chemical Trespass as well as letter to negligent county land use entity for failure to enforce land use law.

Pogo: "We have met the enemy and they are us".

 

[LilBigDog]

And a Couple More Questions

I'm not sure about the date of NoDawg's complaint, I think it was lodged not long after mine, but I filed my original complaint on 3/29/05.

The issues were well-documented with photos included in our complaints. Within 3 days, the County Officials were here to investigate. NoDawg and I were promised that it'd be taken care of, with a request to be patient.

However, the offender's efforts to intimidate us are escalating (a threat to burn down NoDawg's house, and scorch marks on one of my exterior door jambs).

1. How long should we reasonably have to wait for the County Zoning Officials to haul the offender's arse before the Circuit Court Judge?

2. Shouldn't the offender have been warned to "cease and desist" immediately upon the County's confirmation of our complaints?

 

[msincognito]

Then if you cannot do a letter to the editor with some success consider going to your nearest TV station and tell them your story about local officials failing to take action after you have done certified letters to the locals and give them time to do nothing. then contact media , Fair odds are it will still be a thorn in the side to the local officials and they will act on it.

Just a note because this is a pet peeve: No media outlet whose attorney still has brain function will allow a civil matter to be played out in the paper/on the airwaves. It's absolutely not worth it for them and the OP will be wasting her time and energy trying to get them involved.

Even after you've got an official ruling or two in your favor, this is still a one-on-one (or two) case. There's no broad interest unless the story is bizarre (this one isn't) . Sorry to be the bearer of bad news.

 

[LilBigDog]

MsIncognito,

Your input is valid, and the truth is never bad news (to me), as it truly saves wasted expense, time and effort.

It has come to light that the core challenge here is proving financial gain, or the intent, anyway, on the part of the offender, as his is a "cash/barter only" enterprise.

This does not remove the escalating Nuisance/Menace aspect of this issue. Perhaps that will still interest the County Zoning Officials.

NoDawg called again for help last night - my SO and I, as well as the law. While we congregated awaiting LEO, the offender admitted that he didn't mind poisoning us, especially NoDawg.

The Deputy did show, but after speaking with the offender, informed us that, once again, there was no criminal activity. Additionally, he claimed to have checked out the license plate of every car only to find out that they all belong to the offender. However, he never returned to his car prior to leaving, so how could he have run even one plate?

Thankfully, NoDawg has obtained family resources with which to pursue the matter through civil avenues. His is the property that adjoins and is downwind of the noxious chemicals and he was visibly ill last night.

Wish us luck!

 

[NoDawg]

Hostility

Oregon

Since last evenings event of air pollution and poisoning, I've come to the conclusion this will continue until one of us crosses the line and retalliates with physical action.
Since the "law" fails to protect citizens from harm by the actions of their neighbors proves beyond a doubt that law abiding folks stand no chance. ONLY those willing to break from common decency and law to poison and encroach on their neighbors with continuous noise are going to prevail.

Lawyers are willing to help only if there's substantial monetary gain and could care less about common decency and protection by law for those of us that cannot afford the extravagant fees imposed.

If there are any lawyers that work in pollution, chemical trespass or deliberately making your neighbors sick in hopes they'll leave please step forward and offer your services. We will pay what we can and gladly give a good percentage of any damages recovered.