Unsightly privacy fence

[maxtcat]

What is the name of your state? Michigan

A person moved into the house next door about 2 years ago. There was a chain link fence installed by the previous owner about 6 inches away from the property line on their side.

In the last week this person has torn down the chain link fence, and put up a six foot privacy fence extremely close to the property line. City ordinance states that a person may not move or expand an existing fence without a permit. Also, the ordinance states that privacy fences are allowed only on the lot line and a homeowner may not install a privacy fence without written approval of the abutting neighbor. We made a complaint to the city and they cited him. However, now they tell us that that he may appeal to keep the fence and furthermore he is allowed to come onto our property to paint and maintain that fence.

The fence is made of the cheapest preformed panels available and the homeowner has installed himself in a very unworkmanlike manner (noticeably wavy with respect to the lot line as well as couple of already broken slats).

It is my greatest fear that the city is going to allow him to keep his fence over my objections and I will be forced to look at this monstrosity every day. Further, I foresee my own property value plummeting in an already depressed housing market preventing me from moving. I feel my rights are being compromised for his desire for privacy.

Is there any legal remedy available to me if the appeal board allows this fence?

 

[seniorjudge]

Q: Is there any legal remedy available to me if the appeal board allows this fence?

A: Build a higher, nicer fence on your side to look at.

 

[154NH773]

It sounds like a fence is a structure covered by the zoning ordinance. If he is given a permit to build the fence you may appeal to the Zoning Board of Adjustment (or its MI equivilant). I would say you have a good case to defeat the permit, if the ordinance is written the way you indicate. You may have a limited time within which to file an appeal. It may be 10-30 days. The appeal forms should be available at city hall.

If you are unsuccessful in defeating the permit at the Zoning Board level, you may appeal the issue to the court system. Be aware of the process necessary to preserve the issue for the court. You will have to meet all deadlines and there may be some last legal appeal to the Zoning Board before the issue may be taken to the courts.

I'd ask whoever told you that the neighbor can come on your property, to show you that in the law.

Your neighbor has built the fence illegally, and the Town should require him to remove it, and fine him for constructing it without a permit.

 

[maxtcat]

Thanks for your replies. This person has never obtained a permit yet the building department seems to be saying he has the right to file an appeal to the zoning board requesting a waiver of the ordinance. Further, the ordinance states the only basis for appeal is hardship which clearly does not exist and the next door homeowner's refusal (me) "does not constitute hardship."

Since as of this date the next door person has neither filed an appeal nor has he begun taking down the fence, I'm really jumping the gun with this. I've had a couple of bad experiences with the city on other ordinance issues and wanted to be prepared for a worse case scenario on this one.

I would like to think that ordinances would be impartially enforced but that has not been my experience.
They seem to be subject to much selectivity in the way they are applied and interpreted. It also seems that when these matters are taken to the court system, judges tend to side with the appeal board's decision.

At any rate, I do appreciate the remarks and advice you have given me.

 

[roomservice]

In all seriousiness I m with senior judge, build a bigger and better fence to look at.

 

[maxtcat]

Thank you for your vote as well.

While I respect senior judge's candor, the fact that is being overlooked is that I don't want ANY fence at all to look at. Some people like fences, some don't -- nothing wrong with that. When two people don't agree, it seems as if law should take precedence.

If I were to take senior judge's advice, I would be breaking the law myself and Mom always told me two wrongs don't make a right.

Are laws written only for the benefit & whim of those enforcing them while the rest of us have to take our chances with the law of the jungle? I certainly hope not, but once again, I respect senior judge's considerable experience in these matters.

Maybe I've been out of school too long, but this isn't how I was taught a democracy and legal system should work.

 

[LindaP777]

. I don't want ANY fence at all to look at. Some people like fences, some don't -- nothing wrong with that. When two people don't agree, it seems as if law should take precedence.

So by your theory, if you dislike the color white, the neighbor has no right to paint his house white?
Beside, you said there was a previously existing fence that you had to look at for years, despite the fact you don't want to look at any fence.
Wait to see if the city allows him to keep it. If they do, build a new, bigger fence or move.

 

[maxtcat]

I appreciate your input as well and the experience you have on this forum.
Yet somehow I am still failing to understand my error in reasoning.

I see a major difference between a correctly installed four-foot chain link fence and an illegally installed, poorly erectly six foot privacy fence.
In much the same way, I see a major difference between the color white and electric neon green. If there is no ordinance barring electric neon green, I'm OK with it or I move.

But sometimes norms for a community are established; sometimes they are not. As far as I know, no ordinance exists governing what color a neighbor should paint their house. But IF there were a law saying all house must be painted white, I think I should reasonably expect that my house, my neighbor's and all others should be painted white -- or we should not have moved into that community. I don't think I should be told instead to build a 30 foot wall around my house so that I shouldn't have to look at his or any other house.

If we are going to write laws and then selectively enforce them, what good is a democracy and the basic concept of equality?

I really need help with this before I unwittingly make a fool of myself before the board of appeals. Anyone?

 

[154NH773]

With all due respect to those that would have you put up with an illegal fence, there is no reason in the world why you should.

I would put your complaint in writing to the authority that enforces the zoning ordinances and ask that the neighbor be notified of the violation. In my town, there is a 30 day period to comply and then a $275 per day fine for continued violation.

You indicate that you have complained. Has the city cited him with a violation that calls for a fine or penalty?

If the city enforcement authority refuses to act, there is usually a court procedure to force them to act. It is called a Writ of Mandamus (Google the definition).

If the City issues the permit you have an easier path, since the zoning appeal process is usually straightforward and doesn't require a lawyer. If the City just refuses to enforce, it is more difficult and unless you think you can bring the Writ yourself (pro se) maybe you should consider a lawyer.

The fact is that it may be worth it if the fence diminishes your property value. Once it is up for a period of time, you may have more difficulty getting the Town to force its removal.

In my case, the Town allowed my neighbor an illegal shed in my lake view. After 4 years, and a NH Supreme Court decision, the shed is no longer there. I am in total agreement with you on the selective enforcement.