Zoning Inspector is Violating the Law

[Meggy1]

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

Last year, a county zoning inspector told my husband that he needs to fix or remove two vehicles from our property or we will be fined $10,000 (their cost to remove the vehicles!).

According to the county code, and a lawyer I spoke to, the law indicates we can put these vehicles behind an enclosed fence or in an enclosed shed. My husband did both of these things to comply with the law. A judge signed off on this and everything was fine.

But a neigbor called in early this year to complain about a third inoperative vehicle after our 20 year old car broke down in our yard. My husband had to disassemble part of it there to try to fix the gearshift. An inspector came out and told my husband that we can't have any of the cars on our property!

The law clearly states that up to three inoperative vehicles can be stored behind an enclosed fence, in a shed, or garage. My husband hired an attorney despite the fact that we can't afford one and he said to go ahead and get that third vehicle either in the shed or behind the fence. I asked whether the inspector can remove the vehicles from the property and he said to just put the vehicles behind the fence and we'll worry about that part later.

I'm not sure what to do. My husband refuses to get rid of the cars, but if the inspector has them towed away, that's $10,000! Can the inspector legally remove these vehicles? I don't understand how he can go against what the law states? Is that legal?

 

[Zigner]

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

Last year, a county zoning inspector told my husband that he needs to fix or remove two vehicles from our property or we will be fined $10,000 (their cost to remove the vehicles!).

According to the county code, and a lawyer I spoke to, the law indicates we can put these vehicles behind an enclosed fence or in an enclosed shed. My husband did both of these things to comply with the law. A judge signed off on this and everything was fine.

But a neigbor called in early this year to complain about a third inoperative vehicle after our 20 year old car broke down in our yard. My husband had to disassemble part of it there to try to fix the gearshift. An inspector came out and told my husband that we can't have any of the cars on our property!

The law clearly states that up to three inoperative vehicles can be stored behind an enclosed fence, in a shed, or garage. My husband hired an attorney despite the fact that we can't afford one and he said to go ahead and get that third vehicle either in the shed or behind the fence. I asked whether the inspector can remove the vehicles from the property and he said to just put the vehicles behind the fence and we'll worry about that part later.

I'm not sure what to do. My husband refuses to get rid of the cars, but if the inspector has them towed away, that's $10,000! Can the inspector legally remove these vehicles? I don't understand how he can go against what the law states? Is that legal?

You have spoken to an attorney about the matter. None of us would be wise to second-guess that advice.

 

[xylene]

Not legal advice - you and your husband need to communicate better and come to and understanding about how you want your property used.

It sure sounds like you are being dragged into this conflict over some scrap cars less than willingly.

Legally - listen to your lawyer.

 

[Meggy1]

Since my original post, the lawyer has stopped taking our calls. We paid him a small fee, but he was mostly working pro bono (he strongly believed we could win a lawsuit against the county inspectors and he took the case with the agreement that he would get part of that money). I think he still plans to file a suit, but just got tired of this particular situation. I don't know.

After making tons of calls, we found someone who works for the county in another capacity to act as a go between. He assured us that we would have a certain amount of time to work towards being in full compliance with the law. He told us the deadline which was set for early 2018. However, the inspector called us late this afternoon (Friday - right before closing time) to tell us that today is the deadline. They will take action by Tuesday morning. There are no legal documents and they were supposed to send them to us before taking action.

They are saying that they can legally take what's in those sheds or behind the fence - and not just the cars, EVERYTHING. I asked how they can do that if we were permitted before to have the cars. He said that even though they were permitted in the past, this is a different judge and the sheds and fence aren't legal. I told him I have signed documents from his department stating they are. He said the sheds and fence aren't legal because they "don't look right". The law clearly states what is allowed and under the law, what we have is legal. The law hasn't changed and everything was legal before. I don't understand this. It feels like to me that everyone is purposely jerking us around.

Is there anything we can do immediately to stop this?

Any suggestions on the lawyer issue?

 

[FarmerJ]

a couple of things to do, first is to go to your city/ county offices and get a copy of the ordinance regarding non running vehicles and their storage so you know exactly word for word what the ordinance says, this is public information then second thing is to go see members of your county board and start complaining about having approvals and what this person is doing and remind them if they hesitate that they are elected officials who are to represent the public and if they wont then go to a local tv consumer affairs help desk. BTW normally when a ordinance (city or county is broken ) there still must be proper notices sent to the property -property owner by the governing entity. In some places a court hearing with a fine is a possibility So you may well want to go to zoning to ask to see their records & copies of their written communications to you and your husband.

 

[justalayman]

There would be no money judgment from defeating the citation. You would not win a case against the city or the individual inspector unlesss it was shown their actions were malicious. As it stands now I see nothing more than differing interpretations of the ordinance.

It’s also been two months since you first posted. Has the car you normally use been repaired yet? Is it still licensed and insured?

Btw: unless there are some serious fines involved the $10,000 isn’t going to happen. Maybe a grand but even that is likely to be considered excessive.

Now it sounds like there are more issues than just the cars. Was the fence and shed installed legally, like in you obtained proper permits and the constructs comply with building codes?

 

[Meggy1]

Thanks for the quick replies.

Unfortunately, there's no time to contact the county board or media. The best I can do is print out what the law states and show it to the inspector.

The cars are legal, licensed and insured.

I have documents approving the building of the sheds and fence. Last year, an inspector and a judge approved and allowed us to store the vehicles in the shed and behind the fence. I have documents where they even told us to do this - build the sheds to store the cars in. Now a new inspector and a new judge suddenly won't allow it. They say they aren't legal because they "don't look right". There's no law as to how the fence is constructed as long as it's one color and no more than 8 feet high from the ground. Technically, the shed was already built and brought in, which is completely legal.

What's even more odd is this: the inspector didn't seem to have issues with the shed or fence earlier in the year. But one day he showed up when my husband was repairing a section of the fence and shed that were severely damaged during a storm. The inspector was able to see what was in there (a new generator, a new fancy lawn mower, a dirt bike, and some old antique tools, etc.) and commented to another inspector that he'd really like to have those items. Shortly after this, the inspector gets a judge to approve the removal of EVERYTHING in the shed and behind the fence. They didn't say we had to tear down the shed or fence or pay a fine because of them. So basically, we can't have lawn mowers and tools in a shed? That's what a shed is for!

So everything was legal and allowed last year, but because a different inspector and judge are involved, everything is illegal. There is no way they can legally do that.

I used the incorrect terminology in my previous posts. They aren't going to fine us. What they are doing (by Tuesday) is they are coming in here to take EVERYTHING in the sheds and behind the fence. They can charge us anything they want for this. They are now quoting us between $10,000 to $50,000.

 

[FarmerJ]

Then I suggest you run your behind to a tv station because agents of the govt cant just take your stuff when a crime has not been committed Tv stations have reporters on duty even on sundays SO I suggest you call more than one tc station if you have to !

 

[justalayman]

There’s something terribly amiss here. Show up at the attorney’s office you paid a retainer to. If he says he’s out of the picture, find another one ASAP.



Take pictures of everything you have out there. Record serial numbers of everything that has serial numbers.
If they do show up video record absolutely everything that happens and what is said. The more cameras the better.

 

[Just Blue]

There’s something terribly amiss here. Show up at the attorney’s office you paid a retainer to. If he says he’s out of the picture, find another one ASAP.



Take pictures of everything you have out there. Record serial numbers of everything that has serial numbers.
If they do show up video record absolutely everything that happens and what is said. The more cameras the better.

Personally I would move the stuff to a commercial storage garage. Then buy a snarkey greeting card and put it along with dog poop (preferable a VERY LARGE BREED of dog poop) put that in the shed. When the inspector shows up ...it's all his...

 

[justalayman]

Personally I would move the stuff to a commercial storage garage. Then buy a snarkey greeting card and put it along with dog poop (preferable a VERY LARGE BREED of dog poop) put that in the shed. When the inspector shows up ...it's all his...

I like how you think Blue.

 

[Just Blue]

I like how you think Blue.

Thank You...I do have my moments!!

 

[Meggy1]

Thanks for the responses, I'll see what I can do.

We did get an email yesterday (Saturday) from the inspector in reference to a voicemail we left him Friday. He basically indicated that they're tired of this situation and they want it over. He said the judge said it had been going on too long and it needs to end. He mentioned that there are other materials in the shed and behind the fence that are illegal. My husband has a stack of scrap metal that he was intending to sell when the price went up. He said it's worth several hundred dollars. The inspector mentioned in the email that the metal is illegal because it classifies as a "junk heap" which is illegal. There are also stacks of stepping stones in there that we were going to put around the pool during the spring. The inspector said those are illegal too because they classify as a junk heap. I'm not sure how they even saw any of this. But I didn't know things that are worth hundreds of dollars are considered trash. This is also the first time we are hearing about this.

Also, I'm not sure this matters. But my husband recently told me that this new judge used to work at the practice of his previous court appointed attorneys that handled previous zoning issues (15 years ago). Isn't that a conflict of interest? Shouldn't the judge have recused himself?

 

[justalayman]

The scrap metal, as far as local ordinances go anywhere I’m familiar with, would be junk. The stepping stone are arguably construction materials. If they’ve been there a long time, they get reclassified as junk.