Neighbor Harassment Via Code Enforcement

[putupon]

Colorado.

Greetings, I'm new here and hoping for some advice.

I've lived in my home in the >100k person city of Longmont, Colorado for about 3 years now. We're a youngish family with a 6 year old, a 3 year old and two large dogs, Mom and Dad.

We live in a turn of the century suburb, where the lots are about .25 acre. I own the original farmhouse in the area that owned the orchards around it that all the ranch homes surrounding me were built on. I've made various improvements to the home that have increased it's value and attractiveness and consequently increased everyone's property values. We live in a beautiful old 2 story cottage.

We're at the leading edge of a generational turnover for the surround blocks. See everyone around me is retired, and really starting to get on - they're mostly in their 70's from what I can tell. These are the types that trim their lawns with scissors. Nothing better to do I guess.

In any case we've lived here fairly peacefully for a few years until mid-spring this year. One of my neighbors came over to ask if it was OK for her to trim the weeds along the alleyway side of my 8ft privacy fence because they were going to seed. I told her I was sorry that it bothered her and that I would handle it myself, which I did and had the work done 45 minutes after she came to my front door. The next day I get a letter from the city code enforcement office saying someone had complained about the weeds and that I had 48 hours to comply or a contractor would be hired to handle it and I would be billed. I come to find out talking to another neighbor that it was him - across my alleyway that made the calls after I interrogated him - I asked that if there is ever an issue with anything to please approach me or my wife and we'd talk about it going forward.

For the record - I'm a male, a military veteran, clean cut, well spoken, polite and courteous to a fault. There is not a racial issue at play here either as my neighbors all share my complexion.

I poured some organic weed killer on the 6" strip of dirt that had generated the offending weeds hoping to keep them down for the season too.

A couple of weeks later an animal control officer shows up telling me that my neighbors (again I'm never told who) had complained about one of my laying ducks quacking, I resolved the issue hours later by giving away all the birds much to my children's heartbreak. Issue resolved.

Today I get a letter from the city saying that a neighbor has complained that I poured motor oil over my back fence into the alleyway (same one). This fence backs up to my strictly organic vegetable garden. They clearly saw the weed killer and reported it as motor oil.

Now. This is becoming an issue. Clearly someone has it out for me. Maybe it's the same guy, maybe it's the gal next to him - who has her cottonwoods sprayed with noxious chemicals that were landing in my vegetable garden on my food?! I asked the tree service to stop 2 years ago - never heard more about it.

In any case this posse of centenarians I call neighbors have decided they don't like us, no matter what overtures we've made to them. They've all been here since dirt was young and raised kids together. We're the "new" intruders. I'm just waiting for them to call in my dogs barking, or my kids making too much noise in the back yard. Or maybe my truck starting in the morning is too loud.

I don't want to start a code enforcement war as that serves no purpose other than revenge. Talking to my neighbors doesn't work either.

The question is, this is clearly harassment at this point, with the ceaseless calls to the City reporting my every move. what do I do? Hire a lawyer and send a generic cease and desist harassment letter to 5 neighbors?

Any advice would be greatly appreciated.

[drewguy]

You can't really get someone to cease and desist if the law actually bans things you're doing.

That said, how about a discussion with the code enforcement people. Speak to a manager and tell them your concerns and that you seem to be receiving a spate of complaints about "violations" that are either minor or entirely fictitious. Ask why you're being singled out. The goal is to suggest that perhaps you're being harrassed and that they're not enforcing evenhandedly.

Also, are there any avenues for appeal on these things? I personally would never have gotten rid of ducks, at least if they were allowed by zoning. I would have forced the town to prove the violation. So another approach is to fight the violations (if they're bogus charges) as far as you can. The city may give up. Yes it takes some time, but it may long-run reduce the number of these.

[Stevef]

Originally Posted by putupon

Hire a lawyer and send a generic cease and desist harassment letter to 5 neighbors?

Any advice would be greatly appreciated.

If they are falsely accusing you of a crime (illegal disposal of a hazardous waste), it may be considered slander.

You may wish to consult a local attorney for a cease and desist (slander) letter.

[searchertwin]

Sorry that you have had this problem. Makes living in one area a pain. Anyway, the first thing you did wrong, in my opinion, was going to neighbor and asking him to tell you about any problems. In our time, that the best way to do it, but if there are elderly neighbors they view things differently. I know this may sound crazy, and you have to swallow a little pride, but it just might cut the edge off things...1) take some of your homegrown veg to the lady who has cottonwoods along with some chemcals and let her know you were thinking that it was kinda rude of what you did and you would like to help her with her growing. Take it from there.
2) Do the same thing with the other gentlemen about confronting him. Take a few veg and tell him you were wrong in the way you handle things with him. Even thou you were polite, it may have seem differently to him. Let him know you can understand how it would have seem rude and (Play this card), if someone came to my parents like I did to you, I would have been pretty upset. Let him know that being older than you that he deserves more respect from someone at my age.

Than if the above don't work go to a lawyer. But this will make the matter worse, and more neighbors might join in. Good luck...

[lizjimbo]

It's sad, but I know many an old folk that have lost perspective on their purpose for existance. This loss can translate into bitterness. I know this isn't the psych 101 forum, but maybe you can help them reestablish a useful purpose instead of a destructive purpose.

You can't do to much about code complaints. A code complaint is in the eye of the beholder, rightly or wrongly. The problem you have is not with the complaining party but it is with code compliance office. They are duty bound to investigate every complaint, bogus or not. File a formal notice with the code compliance office so that they may begin to understand the nature of the complaints. That way they will begin to view the local complainers with an eye towards suspicion.

Good luck.