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Rude Neighbor vs. Permit Woes

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Fodigo

Junior Member
Northern California. I live in a PUD (Public Urban Development) that has CC&Rs. There was an architechual committee made from residents but it broke up years ago so now the City is responsible. We decided to add on to our driveway and extend it along side. The setback is well over 30 feet from the beginning of the sidewalk (dimentions are 17' widest part - 28' longest part). The idea was to build this next to the fence line and just utilize this space as a flat area and garden where it was nothing but weeds and a slight grade. We had an architect check with the city for a permit. He came back saying no permit needed for retaining wall under 4 feet and no permit for driveway so we started the project. It took a year of doing it ourselves to finally reach a day before the concrete was to be poured. All along - our neighbor agreed with the project and asked if we would put up a privacy lattic screen on top of the fence which we agreed to. The day before we poured the driveway (already framed and rebar set)- he said, "No - I don't agree with the project and I'll report you to the city" after we spend thousands of dollars to get us this far.

Of course- the city came out - red flagged the project saying we needed a permit because 1. there was a complaint 2. because the retaining wall (2 feet tall from ground) would support weight, it required a building permit.

The city has asked for a civil engineer to access draininage - structural engineer to assess stability - survey crew to assess property line, and a video crew (there is a culvert drain that runs along this area about 6 feet underground) to assess the galvanized steel ribbed tube. cost: $4900.00

In addition, the City said they wanted us to submit the case to the County Architicual board instead of handling it adminstratively by the city because there's a complint filed (cost also $4900.00) which requires a public hearing.

The neighbor is also threatening a lawsuit. (?)

What grounds does he have to sue us? What action can we take to not only protect ourselves but the project at hand?

BTW - the total cost of the project to date and installed is $6500.00 (the city wants $9800.00 to file) and it's not a sure bet we will get the permits required. It would cost about $4000.oo to remove the work that was already done at this point.
 


rowz

Member
Well I am sure that you have a contract with the archetect and he got you the approval in writing fro the town right?

show that document to the governing authority.

If by some happenstance you do not have that document, take the writing from the archetect [where he told you that it was an OK project to do] to a lawyer and have him send a demand letter to the archtect to have him make a claim thru his errors and ommissions insurance policy.

Let me know how that goes.
 

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