My lawyer friends and JB, now I need help!

[AngelinaCatHub]

Well it is not me directly, but my next door neighbor. He lives on property the family sold and is now a sub division. The whole area is zone Residential Estate. We, as a farm are still restricted as such. I ignore it and when confronted with a complaint I convinced Zoning that even though we produce nothing, we are truly a farm as in Historical and ecological farm such as is Marjorie Kinnon Rawlings Historic farm. I won.

Here is my problem: My neighbor has been here for 18 years. He is a trucker owner/operator and honest, self sufficient and very hard working. He is a Black man and the only in the subdivision. For 18 years he has parked his two rigs in his large yard that is neatly kept. Nobody ever complained. I trust this man with my house keys and life. He is that honorable.

Now comes a Yanquee* Yes it is spelled right see below. This guy is in suit with his two next door neighbors, (he is Plaintiff) and he also made the complaint against the trucks on my Friends property. Zoning fined him $100 and told him to stop parking there. He cannot afford to rent or protect his rigs off site. He had a temporary spot since Oct 15. Due to the Holidays this spot was filled due to the owner haveing to bring his crew in for the Holidays so my friend had to park back into his yard. Christmas eve he received a nasty note from Zoning fining him $25 a day from Oct 15 to current and a hearing in 30 days.

Now, the Statute of Limitation in Florida has two open loop holes and is four years for non action upon an offense. So, after 18 years, and the zoning statute has been ignored with no complaint, if he continues to break this rule, does the SOL cover it as one incident or one every time he has a parked truck? Could he be grand-fathered in that he has performed this act without a complaint until one jerk makes a call on it? He has no money to fight this and I cannot lawyer for him (of course).

How can he 1) beat the accumulated daily fine? 2) Continue to live life in peace and work his job without duress?

************************************************** *****
Yanquee definition: A Northerner who moves here for the lower taxes and less stress, but insists on the same services he left in New York (fill in the city).

A Northerner who comes here and tells us dumb Southerners how they do it in New York and expects us to care.

A Northerner who comes to Florida and buys a lot for a new house because of the lots beauty, tropical plants Southern pines, wonderful wild flowers, then bull dozes it to sugar sand, builds his slab home while *****ing why he can't have a basement, then plants store bought twigs and plants them in the sugar sand while laying imported grass over sand not made to support non native habitat. We call them Yanquees in all due respect to a baseball team. Occasionally we call them other things as well.

Disclaimer: Northern friends not included in this scenario. You are always welcome here to make Florida green. The difference between a Yanquee and a Damned Yanquee, is the former stays. LOL.

[buzzstpoint]

NOt sure how to beat this.

Just a bit of advice. My father and brother both drove trucks. My brother was an owner/operator. Having a rig in a residential neighborhood wore old real quick.
What is did was talked with a small trucking company, Think this guy only had 4 trucks.
He may be able to talk with some small trucking outfits and see if he can park his rigs there. Perhaps for a real small fee vs a parking lot or garage.

[AngelinaCatHub]

NOt sure how to beat this.

Just a bit of advice. My father and brother both drove trucks. My brother was an owner/operator. Having a rig in a residential neighborhood wore old real quick.
What is did was talked with a small trucking company, Think this guy only had 4 trucks.
He may be able to talk with some small trucking outfits and see if he can park his rigs there. Perhaps for a real small fee vs a parking lot or garage.

Thank you so much. We are working on this. He is worried about security. That is the issue. Thanks again and I intend to be with him at his hearing. Perhaps I will walk the area with a petition in the area. Thanks again. 'Hub

[Flamingo]

You need to find out the restrictions on that subdivision - most residential subdivisions do not allow the parking of tractor trailers, boats and motor homes in driveways or on the street. Sometimes neighbors will tolerate this especially if they know the people and all is well; it doesn't take much for anyone to move into a neighborhood and take offense to large tractor trailers in full view. If the restrictions prohibit tractor trailers or similar vehicles from being parked in the neighborhood, your friend has been at fault for a while but just got away with it due to the other neighbors. A FL attorney can easily research all that for your friend.

[justbroke]

Unfortunately, zoning is the key to the answer for this question. Specifically, the zoning would need to be revisited. Perhaps he could just apply for a variance and get it over and done with! As you know, the variance would allow him to have a mixed-use property. I think I'd follow Flamingo's advice and at least get a few free consultation with Florida Real Estate Attorney's that specialize in zoning issues.

He could go before the county board of commissioners (Board of Adjustments) and ask to have the daily fines rescinded in good faith. I don't think the county really wants the fine money... it's just meant to be punitive and to stop a particular behavior. In the end, this really boils down to the zoning and should be dealt with by addressing the county board of adjustments.

[AngelinaCatHub]

You need to find out the restrictions on that subdivision - most residential subdivisions do not allow the parking of tractor trailers, boats and motor homes in driveways or on the street. Sometimes neighbors will tolerate this especially if they know the people and all is well; it doesn't take much for anyone to move into a neighborhood and take offense to large tractor trailers in full view. If the restrictions prohibit tractor trailers or similar vehicles from being parked in the neighborhood, your friend has been at fault for a while but just got away with it due to the other neighbors. A FL attorney can easily research all that for your friend.

Yes, I figured this. He has not that kind of money.

Unfortunately, zoning is the key to the answer for this question. Specifically, the zoning would need to be revisited. Perhaps he could just apply for a variance and get it over and done with! As you know, the variance would allow him to have a mixed-use property. I think I'd follow Flamingo's advice and at least get a few free consultation with Florida Real Estate Attorney's that specialize in zoning issues.

He could go before the county board of commissioners (Board of Adjustments) and ask to have the daily fines rescinded in good faith. I don't think the county really wants the fine money... it's just meant to be punitive and to stop a particular behavior. In the end, this really boils down to the zoning and should be dealt with by addressing the county board of adjustments.

He went in today "hat in hand" and found a place for his rigs with his late uncles place. Ag zoning and the Aunt will keep an eye on it. It is too bad he lived freely on his property for 18 years and one jerk ruins it. However what are 'property rights'? We live in the USA. Zoning was quite nice to him and told him what papers to file as he as he cannot afford the fine. It looks good for him in that respect. 'Hub

[Flamingo]

You know, this brings back memories of when we had a house in the 1980's in a residential suburban subdivision with tree lined streets, kids on bikes, fenced yards, dogs, babies in strollers, etc., etc. Typical suburbia with all the deed restrictions which either everyone knew about or just completely ignored. Some folks parked their boats in their driveways instead of putting them hidden in their backyards or taken to a winter storage area and some people did the same with huge motor homes. I think things came to a head when one person on the block was a trucker and started bringing in his work rigs and parking overnight in the street or in their driveway before leaving the next day. Everyone in a two block radius could hear him start that up in the early a.m. and roar out the main entrance. And then someone started parking their ice cream vending truck in their driveway everyday (I have no idea why they did not leave it at the business). I have to seriously admit that all those motor homes, boats, a large soft serve ice cream truck and then a tractor trailer sitting in the street on that one residential road did not look good (housing values dropped with just one look down the street) and could have been also attractive nuisances for kids let alone insurance nightmares if something occurred. Something must have been said or done as our deed restrictions specifically indicated no boats, motorhomes or large trucks (tractor trailers, moving vans, large trucks, etc.) could be parked on an ongoing basis in driveways or on the street. They all disappeared in a short period of time and I understand most took them to outside storage facilities which, of course, cost them another monthly fee where they could park for free at their home.

I do have to admit the large ice cream truck bothered me as that took some guts cause it really sat out like a sore thumb but I am not the one who probably eventually complained about what was taking place.

What happens in scenerios such as this is that if one person gets away with it, all should be able to do it and you really can't blame someone moving into a neighborhood when they adhere to restrictions not complain about someone else parking boats, work rigs, motor homes, large trucks, etc. in neighborhoods. It's a shame this had to happen to your friend and I feel for him as he will now have to incur added expense to house his vehicles elsewhere but stuff like this goes on all over, not just in the south, up here in the mid-Atlantic area also. Many truckers move out to rural areas where they can safely house their rigs on their property as they don't have to deal with all those restrictions.

[justbroke]

He went in today "hat in hand" and found a place for his rigs with his late uncles place. Ag zoning and the Aunt will keep an eye on it. It is too bad he lived freely on his property for 18 years and one jerk ruins it. However what are 'property rights'? We live in the USA. Zoning was quite nice to him and told him what papers to file as he as he cannot afford the fine. It looks good for him in that respect. 'Hub

I'm glad to read that there are human beings in his county's Zoning office!

[DYLAN150]

My neighbor parked his semi right across the street from my house for over two years. Sometimes the trailer would have wrecked cars on them and sometimes his load contain dangerous materials. I finally had my lawyer send him a letter and a copy of the cc'rs and that was the end of it, however, my neighbor does not talk to me anymore which is ok with me. Now he has been burning trash in his back yard and I beleive that has now stopped after he received a letter from the fire department. BTW, his air brakes would makes noises all night long and he would start his semi at 4 am and it would shake the whole neighborhood.

[AngelinaCatHub]

I do understand your reasons. Here is the point: His lot actually has two ingress/egress. One to the subdivision, L shaped lot and one to the County Road. Never improved lots two in a row on either side. We owned the property sold to a developer in the 70s. We are a farm and in 1985 Zoning was invented in our County and made 22 acres of our farm into Residential Estate. I was not on the scene at that time and Mrs. was a teenager in college. So it got by. The new person was attempting to get a paved road but all had to agree on it and give it over to the County with a Road assessment. Several people would not agree, he being one of them. This new Jerk took on the most weakest target and also the only Black family in the area. He is a Jerk and is also suing his next door neighbors, for some unknown reason. So 18 years of a friendly place and one spoiled apple to muscle in as "block boss". To me it reeks of the "letter of the law, vs. the intent of the law". So not to many are pleased with this guy. 'Hub

[GoingDown]

Isn't it interesting how when someone new moves into a neighborhood, they start complaining about things which were obviously happening before they moved in?

If they didn't want to live there with the neighborhood as it was, hey, it's free country, they didn't have to move there.

A similar thing happened with one of my neighbors. She has raised chickens for fresh eggs for years and years. I buy my eggs from her because they are so much better than the ones you can buy at the store. Anyways, she has not only hens, but a few roosters to keep the chicken population going forward, since hawks and owls in the area will occassionally get a chicken. The baby chicks are so cute when they first hatch and are following their mother hen around. It is delightful just to see that.

Well, a new neighbor moved in and immediately called the city about roosters crowing at dawn. Personally, I love the sound of roosters crowing. It's a pleasant wake up call. Unfortunately, there is a city ordinance against roosters. So they had to go. Now over time, the chicken population will age and diminish until there are no more fresh eggs. What a shame that one new neighbor had to ruin this for all of us.

If they would just move in to the new neighborhood and mind their own business, I would appreciate it.

[AngelinaCatHub]

Isn't it interesting how when someone new moves into a neighborhood, they start complaining about things which were obviously happening before they moved in?

If they didn't want to live there with the neighborhood as it was, hey, it's free country, they didn't have to move there.

A similar thing happened with one of my neighbors. She has raised chickens for fresh eggs for years and years. I buy my eggs from her because they are so much better than the ones you can buy at the store. Anyways, she has not only hens, but a few roosters to keep the chicken population going forward, since hawks and owls in the area will occassionally get a chicken. The baby chicks are so cute when they first hatch and are following their mother hen around. It is delightful just to see that.

Well, a new neighbor moved in and immediately called the city about roosters crowing at dawn. Personally, I love the sound of roosters crowing. It's a pleasant wake up call. Unfortunately, there is a city ordinance against roosters. So they had to go. Now over time, the chicken population will age and diminish until there are no more fresh eggs. What a shame that one new neighbor had to ruin this for all of us.

If they would just move in to the new neighborhood and mind their own business, I would appreciate it.

I so much agree GD. As I posted above re; Yanquees, it seems newbies come in, think their new mortgage is relevant to the whole neighborhood. I have an intent to make a survey or you might call it a petition and go house to house in this area. There are not more than 30 houses there. When I come across whom I already know did the deed, I will attempt to aid my friend when his hearing comes. Not being my official business, I can only do a little. I would be out of place to complain big time and harm him further.

Since I was bullied by my enemy for nine years, who caused indirectly my bankruptcy, I have a real thing about block bosses. I have been bullied much of my life until becoming adult. My personal feeling is: I do not lose a fight, but I do not fight fair. I have won my cases at great costs. This is why I am a member and help others. I will continue till the day the Lord takes me, as right cannot be compromised. 'Hub

[etechjc]

What happened to the good ole days when you would talk to your neighbor before complaining? I wish people would stop being Pusses! My last house, When we first moved into the neighborhood we brought chickens, First thing my neighbor did as a hello was to call the city and complain. Well Chickens were legal in city limits and little did she know it was my nephew that fielded the call. After careful consideration and temptation to egg there cars. We took the hi-road, A couple of days later I left a basket of fresh eggs on there doorstep with a note that said "I know about the complaint, FYI Chickens are legal in this city. In the future if you have any problems please feel free to talk to us first as we aren't thugs." In the four years we lived in that house, We never heard another peep from the, Not even thanks for the occasional basket of eggs we left on there doorstep from then on.

Looking back on it, I hope they weren't vegetarians.

I am glad my neighbors where I live now are 3/4's of a mile apart. And there is very little regulation here for anyone to complain about, Infact there is a unlicensed car sitting on block in my driveway as we speak.

[GoingDown]

I'll tell you what, I love seeing chickens run around in my neighborhood. They're surprisingly good flyers, they fly up in the pecan trees and roost, they fly up and over my fence and then get in my yard and eat up most of the bugs. Which is great. I don't need to use pesticides with them around. My other neighbors report the same findings-- that with the chickens around, they don't have near as many bugs. They even seem to eat scorpions!

And the eggs are terrific! Bright orange yolks which stand up tall and firm and very clear whites-- not cloudy at all.

My neighbors and I talked about the problem of the lack of roosters and we came up with an idea to keep the chicken population going forward. This coming spring time, we're going to bring a rooster in from a different neighborhood. We know someone who still has a few roosters and is willing to let us borrow one of her roosters for a few weeks. Anyways, by the time the new neighbor complains about the new rooster, it will have already done its duty, if you know what I mean, and we will take it back to where it came from, so there will be nothing to complain about.

When the new baby chicks grow up, we have agreed to give the lady loaning us a rooster, all the males.