Selective or Unequal Enforcement

[ccc1]

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

My village has right of way code which states a resident cannot place anything within the right of way. I have a dog electronic dog fence within this right of way. There was no permit required for this installation. Most of the neighbors have the same fence as well as irrigation systems within the right of way. A disgruntled neighbor reported my fence only and I am being forced to move it. I was refused to be allowed to sign an indemnification letter.

I asked about the hundreds of other dog fences in our village including the ones right on my street and was informed that I must file a complaint for each one and they will be looked at.

I do not want to be forced into being a whistle blower against my friends, neighbors and acquaintances. I do not think this is the right way to assure equal protection. The village has a database of dog licenses which they could use to begin an investigation.

Is there some way I can word an appeal letter citing my distaste for being a forced code officer?

A feel an indemnification letter on a case by case basis would be far easier and cheaper for the village than having to investigate hundreds of complaints issued by me.

 

[Zigner]

Write a letter to the city. However, I would first suggest that you comply with the law.

 

[ccc1]

Thanks for the response. What I would like to have happen is to NOT have to go to the expense of moving my electronic fence.

It seems like unequal enforcement unless *I* become a stool pidgeon, whistle blower, or code enforcer informant myself. I do not think it is fair to place the burden of the village code enforcement for the rest of the residents upon me. Obviously the village really doesn't want to crack down or they could do so easily. In the meantime, I am selectively forced to comply with a code that is unknown to the general public while others are not because *someone* needs to issue the formal complaint (me). It really puts me between a rock and a hard place.

 

[LeeHarveyBlotto]

Bad strategy. Someone at the city is likely to make a hobby out of you.

Move the fence.

 

[ccc1]

What do you mean by bad strategy? The only strategy I have at this point is to send a courteous letter to the village board requesting an indemnification form to sign protecting the village from the right of way code violation and explain my reasoning. Is writing the letter the bad strategy?

If the village refuses, I most certainly will move my fence. The code enforcement officer told me there was no hurry, and he knows I am going to send the letter.

I am going to mention in my letter the facts. As a matter of fact, there is a brand new dog fence installed yesterday in my neighborhood. They are very easy to spot with those white flags. It should not have to be me reporting it and I do not plan to.

Thanks for any advice.