Neighbor using city code enforcement to harass

[AddyBlack]

New Mexico

My parents' next-door neighbor is using our municipal code enforcement department to harass them; can something be done about this?

The issue began when my mother found him cutting the lower branches from a tree on their property last year (a tree that, ironically, served as a privacy barrier between the two properties). She told him to stop, and an argument ensued. The man is extremely aggressive and entitled, and I knew it wasn't going to end there. Sure enough, the letters from the city's code enforcement department soon began.

A shrubbery that's been on the property for 45 years suddenly needed extensive trimming. It wasn't interfering with a sidewalk or on anyone else's property. My classic car from high school that remains neatly covered in the driveway when I'm not working to restore it was now an inoperable "junked" vehicle that needed removing. Flower vases on the porch were "junk". A roller tray used for gardening was "junk". Now, their two perfectly operable vehicles in the driveway (also not "junked"; normal, well-maintained vehicles) that the city knows are operable because it attempted to state otherwise when it came after my classic car and my parents started them right up "need removed".

My father contacted the new code enforcement officer today, who apologised profusely and told him that the neighbor was sending non-stop complaints. When she ignored them, he went to his buddy the mayor, who then contacted her and told her to "do her job".

I've told my parents they need to inform the city that they will be obtaining a lawyer, but they don't want to do so until they know exactly what their legal grounds would be.

 

[Just Blue]

New Mexico

My parents' next-door neighbor is using our municipal code enforcement department to harass them; can something be done about this?

The issue began when my mother found him cutting the lower branches from a tree on their property last year (a tree that, ironically, served as a privacy barrier between the two properties). She told him to stop, and an argument ensued. The man is extremely aggressive and entitled, and I knew it wasn't going to end there. Sure enough, the letters from the city's code enforcement department soon began.

A shrubbery that's been on the property for 45 years suddenly needed extensive trimming. It wasn't interfering with a sidewalk or on anyone else's property. My classic car from high school that remains neatly covered in the driveway when I'm not working to restore it was now an inoperable "junked" vehicle that needed removing. Flower vases on the porch were "junk". A roller tray used for gardening was "junk". Now, their two perfectly operable vehicles in the driveway (also not "junked"; normal, well-maintained vehicles) that the city knows are operable because it attempted to state otherwise when it came after my classic car and my parents started them right up "need removed".

My father contacted the new code enforcement officer today, who apologised profusely and told him that the neighbor was sending non-stop complaints. When she ignored them, he went to his buddy the mayor, who then contacted her and told her to "do her job".

I've told my parents they need to inform the city that they will be obtaining a lawyer, but they don't want to do so until they know exactly what their legal grounds would be.

Well, said attorney would tell them what their rights are and the proper/legal steps to stop the harassment.

State Bar of New Mexico > Bar Foundation > About (sbnm.org)

 

[adjusterjack]

My parents' next-door neighbor is using our municipal code enforcement department to harass them; can something be done about this?

It's not harassment if there are actual code violations.

If there are code violations, correct them.

If the violations are erroneous, respond in writing with a defense.

The issue began when my mother found him cutting the lower branches from a tree on their property last year (a tree that, ironically, served as a privacy barrier between the two properties).

It's been long established law that a neighbor can cut branches that overhang his property, as long as he doesn't kill the tree.

A shrubbery that's been on the property for 45 years suddenly needed extensive trimming. It wasn't interfering with a sidewalk or on anyone else's property.

The citation should cite the code section so you can read it and see what the limitations are.

My classic car from high school that remains neatly covered in the driveway when I'm not working to restore it was now an inoperable "junked" vehicle that needed removing.

That's exactly what it is according to city ordinances. I'm sympathetic because I'm a car guy and also have classics that I work on but they've always been in the back yard behind a fence so as not to contribute to visual blight.

As for the rest of it, read the code and respond to citations that aren't valid, comply with those that are.

 

[zddoodah]

they will be obtaining a lawyer, but they don't want to do so until they know exactly what their legal grounds would be.

The lawyer's job is to tell them what their "legal grounds" are. They don't need to know it in advance, although you identified the obvious ground in your post (harassment).

 

[AddyBlack]

Thanks for the assistance.

To clarify, the tree branches weren't hanging onto the neighbor's property (he poured an illegal driveway flush against the property line, and the tree's branches were "touching his passenger-side door" ... only because his door now swings fully onto my parents' property when opened) and none of the "violations" are violations, according to city code.

The primary issue is that the code enforcement officer plainly stated that she would not be sending letters (because no actual violations are occurring) on her own; she is being pressured into it by the mayor, who is aiding his friend in harassing his friend's neighbors.

What my parents actually want to know is what they should tell the city they're going to contact a lawyer about. Their hope, of course, is that they won't actually have to contact a lawyer at all -- that the threat of one will end the harassment. I was mainly trying to ascertain what other violations beyond harassment the city might be committing.

 

[adjusterjack]

only because his door now swings fully onto my parents' property when opened)

If he stepped on to your parents' property to trim the tree, then he was trespassing and should have been reported to the police.

none of the "violations" are violations, according to city code.

Then it's going to take a "private nuisance" lawsuit (google it) against the neighbor. But my guess is, if they live in a small town where the neighbor is friends with the mayor , that local judges are equally corrupt.

What my parents actually want to know is what they should tell the city they're going to contact a lawyer about. Their hope, of course, is that they won't actually have to contact a lawyer at all -- that the threat of one will end the harassment

Then they might as well give up and accept their fate, or sell the house and relocate.

The city (like me before I retired) gets threatened with lawyers all day every day. Means nothing. It's going to take an actual contact by an attorney and possibly a lawsuit. If your parents aren't willing and able to go that far, then using the "L" word isn't going to help them.

By the way, governments are immune to lawsuits unless then waive that immunity by statute. See Tort Claims:

Article 4: Tort Claims, 41-4-1 through 41-4-30 :: 2011 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia

A lawsuit against a city government is a complicated thing, it's not a DIY.

Your parent's should be consulting a lawyer before doing anything that might be useless. Preferably a lawyer located somewhere beyond their corrupt little city.

 

[AlmostThere]

Your parents could try to make nice with their neighbor.

 

[AddyBlack]

Your parent's should be consulting a lawyer before doing anything that might be useless. Preferably a lawyer located somewhere beyond their corrupt little city.

Thanks very much, I'll tell them to just go ahead and take the plunge. And if the code enforcement officer is fed up with the mayor's behavior, then maybe she'll consider filing a complaint against him and the whole thing will be dealt with "in-house" as far as the city goes. The officer told my father my parents aren't the only people in town the mayor is "screwing with" by taking advantage of her office.

Your parents could try to make nice with their neighbor.

My mom thought she was doing that (or at least letting the matter drop) by not calling the police on him after he trespassed and vandalised the tree. Sadly, he's not the "make nice" kinda guy.

 

[not2cleverRed]

Your parents could try to make nice with their neighbor.

That ship has sailed.

They can be coldly civil to their relatively new entitled neighbors. And quietly plot.

What my parents actually want to know is what they should tell the city they're going to contact a lawyer about. Their hope, of course, is that they won't actually have to contact a lawyer at all -- that the threat of one will end the harassment. I was mainly trying to ascertain what other violations beyond harassment the city might be committing.

Pardon me, but why would they "tell the city" anything? They don't need the city's permission to talk to a lawyer. There is no need for them to make (what will be viewed as) idle threats. They should just go and get an initial consult with 2 or 3 lawyers, choose the one that seems the most competent, and have that lawyer correspond on their behalf. A stern letter from the lawyer may be sufficient. Or not.

 

[bcr229]

...he poured an illegal driveway flush against the property line...

Why is the driveway illegal? Is there a setback from the property line required? And why haven't your parents filed a complaint about it?

Yes I know it's petty.

 

[adjusterjack]

Why is the driveway illegal? Is there a setback from the property line required?

Until the OP actually looks up the building and zoning codes and tells us, we have no way of knowing whether there is a setback requirement for a driveway.

Something is not necessarily illegal just because somebody doesn't like it.

However, I have found with several of my own homes (not in NM) that there generally isn't and you can pour concrete anywhere on the property, right up to the property line. There could be utility easement that you shouldn't cover. If you do, you risk having to remove the concrete at your own cost if the utility company wants to do something with the easement.

 

[LdiJ]

Until the OP actually looks up the building and zoning codes and tells us, we have no way of knowing whether there is a setback requirement for a driveway.

Something is not necessarily illegal just because somebody doesn't like it.

However, I have found with several of my own homes (not in NM) that there generally isn't and you can pour concrete anywhere on the property, right up to the property line. There could be utility easement that you shouldn't cover. If you do, you risk having to remove the concrete at your own cost if the utility company wants to do something with the easement.

The whole "set back" issue is very much a local one. In my experience/observations the odds are about 50/50 that there is one, and then about 60/40 that it will be enforced if there is.

 

[adjusterjack]

The whole "set back" issue is very much a local one. In my experience/observations the odds are about 50/50 that there is one, and then about 60/40 that it will be enforced if there is.

"Never tell me the odds." (Han Solo)