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  1. #1
    fedupneighbor12 is offline Junior Member
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    Illegal Auto Repair Business From Residential Garage

    What is the name of your state (only U.S. law)? California

    A resident on my street has been running an illegal, unlicensed auto repair business out of his residential garage for over a year. This is against our cities code, however code enforcement hasn't "witnessed" him doing it, so they won't do anything about it. I have over 100 photos of the activity, but they don't want to hear about the photos I have. I have filed a complaint with the California Bureau of Automotive repair, which licenses Auto Repair businesses in the state, again, they said they didn't witness anything either. Can I get a private lawyer and sue the guy in civil court for breaking city code? It won't be about the $, in fact I'd have him donate any judgement to a local charity, but I just want the activity STOPPED! He has customers waiting outside his garage all day, does "test drives" up and down the street at high rates of speed and is helping to drive property value's down (at a time when they are already going down on thier own ) His wife owns the house so I can't talk to a landlord about it, what can I do? Thanks for any insight anyone might have
  2. #2
    FarmerJ is offline Senior Member
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    If its city ords being broken no you cannot personally sue. Keep complaining to city officials ,( maybe a bit higher up the chain ) thats about all you can do.
  3. #3
    154NH773 is offline Member
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    Can I get a private lawyer and sue the guy in civil court for breaking city code?
    It is usually impossible for a civilian to bring a criminal charge. (There may be many exceptions, and I have no knowledge of your State laws). You also cannot normally bring a civil suit to enforce compliance to a law.

    You may be able to bring suit against the enforcment agency to have the court compel them to enforce the law. Research a "Writ of Mandamus". You would most likely have to have overwhelming evidence that the law was being broken, and the agency was ignoring the violation. This would mean you would have to prove a business, rather than someone just working on his or other's cars.

    Can you get someone whose car was repaired for money to testify?
  4. #4
    rowz is offline Member
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    I will offer a soloution that worked for me, but remember, I am in NJ.

    It is called a "private prosecution".

    I used it in Municipal Court in a traffic violation situation. It is for use [again, here in NJ] for all violations.

    Not for the shrinking violet, as I had to "order" the Prosecutor" to advocate on my behalf which they did not take kindly to.

    The statute here also allowed for such and in that situation the Judge would direct the Prosecutor to do their job.

    Good luck with your case.

    RowZ
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by rowz View Post
    I will offer a soloution that worked for me, but remember, I am in NJ.

    It is called a "private prosecution".

    I used it in Municipal Court in a traffic violation situation. It is for use [again, here in NJ] for all violations.

    Not for the shrinking violet, as I had to "order" the Prosecutor" to advocate on my behalf which they did not take kindly to.

    The statute here also allowed for such and in that situation the Judge would direct the Prosecutor to do their job.

    Good luck with your case.

    RowZ
    For the OP - this "advice" in no way applies to you.

    To RowZ - if you don't know the law of the state, don't lead the OP on a wild goose chase!
  6. #6
    Stevef is offline Senior Member
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    Quote Originally Posted by fedupneighbor12 View Post
    Can I get a private lawyer and sue the guy in civil court for breaking city code? It won't be about the $, in fact I'd have him donate any judgement to a local charity, but I just want the activity STOPPED!
    You may be able to sue for public nuisance, and request a restraining order/injunction as relief.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by Stevef View Post
    You may be able to sue for public nuisance, and request a restraining order/injunction as relief.
    No "nuisance" has been indicated.
  8. #8
    Stevef is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    No "nuisance" has been indicated.
    A violation of zoning laws is a nuisance.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by Stevef View Post
    A violation of zoning laws is a nuisance.
    There is no zoning violation
  10. #10
    debtcollector` is offline Senior Member
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    OP: Gather up all of your photos and go talk to your city councilman. Tell him the problem and who you have spoken to and ask him what he is going to do about it.

    DC
  11. #11
    dleighty is offline Junior Member
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    just take you car up to this place and ask him to do an oil change .
    pay the man and get receipt , now you have prof ,

    but he may give you a good price on the job and you may want to use him again.

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