Code Enforcement Threat

[kc5mzd]

I live in a rural area in San Antonio TX. I have always owned trucks and got into military vehicles about 10 years ago. They built a new apartment complex and a new subdivision near my house a few years ago. Now there is a little known plan to build a new high speed light rail track near my street. The city is suddenly being very aggressive trying to make me sell or get rid of all my vehicles. They are suing me in civil court because I haven't broke any laws? in a new attempt to prevent me from parking any motor vehicle anywhere on my property. I have the support of my neighbours. I recently hired an attorney as all my attempts to comply with the city's requests were met with new demands to remove even more of my personal property from my residence which I own.

 

[NDT]

Thanks for the heads up. I was thinking about moving to SA. They want you get frustrated and move so an inside investor can buy your property and later sell at huge profit to businesses which will spring up along the line.

 

[Warthog]

Sorry to hear that they are "changing" the rules.

Please do not post any of the legal details here. If you do we will have to close the thread.

 

[wreckerman893]

They want you get frustrated and move so an inside investor can buy your property and later sell at huge profit to businesses which will spring up along the line.

That would be my guess. You need to get this to the media immediatly. Get the local TV station that has a "Channel 3 (your channel may vary) on Your Side" segment to come out and do a story. Tell them exactly what you suspect and name names if you know them (be careful of slander/libel). There is a skunk in the woodpile somewhere. If you need more help PM me and I'll try to assist. Also find out if they are doing this to other people as well. There is strength in numbers.

 

[m16ty]

I've seen stuff like this happen before. Unless you have some deep pockets or can get the public (more than just your neighbors) behind you, you are likely to loose. You'll more than likely win in court but it's very costly to that route and win.

You may want to contact the local paper and local news and see if you can get the public behind you. You could also "hint" to the officials that you will also build public pressure against the rail all together if they don't back off.

 

[Another Ahab]

The whole episode has a stink to it. City of Alexandria up here initially tried to throw its weight around similarly. City threatened "eminent domain" (i.e. might is right), against a private owner.

3 years later, and I'm glad to report that justice prevailed; but it wasn't without a fight. I wish I had something useful to tell you for the showdown. I don't, but for what it's worth, there is more than one of us here that are in your corner.

 

[kc5mzd]

Thanks for the encouragement.
I am not sure what is meant by "legal details" that would get the thread locked.
I did comply with the city's requests till they got to the military stuff. I had a friend help sell all the non military stuff.I took the money and got all the registration up to date on my military vehicles.
I sold all my 2.5 ton trucks and got an attorney. I am hoping to win in court and keep my m818 tractor, at least 1 or 2 5 ton trailers, my m820 expandable van and hopefully my m817 Dump Truck.

 

[Warthog]

The "legal" stuff is if your attorney files a lawsuit or any paperwork. Don't post those details.

 

[kc5mzd]

That would be my guess. You need to get this to the media immediatly. Get the local TV station that has a "Channel 3 (your channel may vary) on Your Side" segment to come out and do a story. Tell them exactly what you suspect and name names if you know them (be careful of slander/libel). There is a skunk in the woodpile somewhere. If you need more help PM me and I'll try to assist. Also find out if they are doing this to other people as well. There is strength in numbers.

I have been here for over 20 years. Everyone on my street knows everyone. Nothing happens that everyone doesn't eventually find out about.
There is a lady down the street that overdosed on alcohol and prescription drugs. She spent about 1 year in a coma. Her brain doesn't work like it did before. She is out of work. She became involved with the neighbourhood committee in another neighbourhood. She calls the city and complains weekly. I spoke to her and she started explaining how many vehicles we are allowed to own, she said something about the number of licensed drivers in the house and some other stuff I have never heard of.
I feel sorry for her and know it isn't her fault, but blame the neighbourhood committee that "brainwashed" her. They are taking advantage of someone who is mentally impaired.

I will talk with my attorney before getting the media involved. At some point if he thinks it will help I will PM you.

 

[FMJ]

Sounds like you've already made enough concessions. . . .
How big is your property?

 

[kc5mzd]

Sounds like you've already made enough concessions. . . .
How big is your property?

The last time I went to court to tell them I did everything they asked they responded by changing the charges and saying everything else has to go. That's when my attorney walked into the room. It calmed things down and now we have a specific charge they are going to have to defend.

They are charging me with vehicle storage on property that is zoned residential.
Everything runs and is registered as a "former military vehicle". I think my attorney is going to try to call the military vehicles "antiques" and not "vehicles". It could make the city's charges invalid.

The city took someone on the next street over to court for "junked vehicles" the city lost in a jury trial because the vehicles were antiques. Now they are trying to use zoning laws against running vehicles???

I live in a rural area and have just over .5 acre. The area was incorporated into the city and doesn't resemble anything like a neighbourhood or residential development built in the city. There are a lot of industrial zoned properties in the area.

 

[FMJ]

I live in a rural area and have just over .5 acre. The area was incorporated into the city and doesn't resemble anything like a neighbourhood or residential development built in the city. There are a lot of industrial zoned properties in the area.

THAT, is my biggest fear. The city of Las Cruces keeps moving east annexing land and taking property. I fear I may one day end up in your boat!
I hope you prevail in your battle with the city!

It sounds, as someone alluded to earlier in the thread, that the city is on a mission to maximize revenue. . . .

 

[kabar1]

Good luck man, that just isn't right, when you own the property and pay the taxes.

 

[Al Harvey]

Good luck with your fight against the city. I hope everything works out for you and they back off. Though I do like the "antique" idea. Again best of luck!!!

Good luck man, that just isn't right, when you own the property and pay the taxes.

It's sad how you never truely own the land and they can do almost anything they want. If anyone believes they own it, don't pay taxes and see what happens.

 

[Jeepsinker]

You shouldn't have had to sell anything.

 

[timntrucks]

i do hope that you win out and without much cost to you. good luck in your fight

 

[kc5mzd]

You shouldn't have had to sell anything.

I agree and don't quite get it.
Since they are not accusing me of a crime,
I do not have the right to an attorney.
If I want one I have to pay for it out of my pocket.
The court has no responsibility to provide me with one if I can't afford it.

At the same time the city is trying to take my 4th amendment rights away, and they can fine me?

I think there is a serious flaw in the "due process" of what they are doing and how they are going about it.

Their "civil suite" is also based on zoning conflicts in an area where the majority of land use doesn't evenly remotely reflect zoning. Mine is R2 residential multi unit however, there is only one house. Its use is more accurate than most because it is a form of residential, there is a house and I live there. Across the street is ranch land with cows goats and horses. It is zoned R1 residential single unit single family even though there is no house, no one lives there, and it is a single lot of about 80 acres.

I looked at the planing department's website. It says the zoning is a "proposal for the future development of the city". It really doesn't seem like it should be used as a tool to take away a persons right to own property. I would understand if it were used as a tool to help resolve a dispute between two neighbours. In this case my neighbours are on my side. When I first got my trucks I took them, their kids and their grand kids for army truck rides across the street in my friends ranch.

 

[USAFSS-ColdWarrior]

The City of San Antonio, Texas has a long history of commandeering property by Imminent Domain and political leverage for "the good of the City". Back in the 1990's, when they wanted to build the AlamoDome they needed to displace a foundry known as Alamo Iron Works. In spite of warnings from the foundry's owners, they eventually wrestled the property into their control, relocating the foundry operation to a new location at the City's expense. Only after all that was done, (and Alamo Iron Works (aka: AIW) released their old property) did the City start an environmental assessment as they dismantled the old foundry. What they discovered was that they had acquired BY FORCE an EPA HAZARDOUS MATERIAL CLEANUP PROJECT of MEGA-PROPORTIONS ! ! ! The ground that AIW had indeed warned them they really didn't want was so contaminated with heavy metals and other chemicals that they had to excavate MILLIONS of yards of earth as HAZARDOUS WASTE - and DOUBLING the cost of building the AlamoDome.

Just a bit of history. The City can be blind to certain realities when in comes to "development".

JB

 

[M925]

If you win you could probably sue for your attorney fees. Correct?

 

[Another Ahab]

The City of San Antonio, Texas has a long history of commandeering property by Imminent Domain and political leverage for "the good of the City". Back in the 1990's, when they wanted to build the AlamoDome they needed to displace a foundry known as Alamo Iron Works. In spite of warnings from the foundry's owners, they eventually wrestled the property into their control, relocating the foundry operation to a new location at the City's expense. Only after all that was done, (and Alamo Iron Works (aka: AIW) released their old property) did the City start an environmental assessment as they dismantled the old foundry. What they discovered was that they had acquired BY FORCE an EPA HAZARDOUS MATERIAL CLAEANUP PROJECT of MEGA-PROPORTIONS ! ! ! The ground that AIW had indeed warned them they really didn't want was so contaminated with heavy metals and other chemicals that they had to excavate MILLIONS of yards of earth as HAZARDOUS WASTE - and DOUBLING the cost of building the AlamoDome.

JB

Same reason that the Bethlehem Steel Plant at Sparrows Point in Baltimore (largest steel mill in the world at one time, and now essentially inactive) and the Navy Yard in D.C. haven't gone over to commercial development by private interests (though each is otherwise prime real estate with water overlooks): nobody, and I mean NOBODY will TOUCH them.

The ground under each of them is an environmental nightmare. Beams and girders of the Golden Gate Bridge were cast and rolled at Sparrows Point, and the Navy used to machine the 16-inch guns of the fleet, right there in the Navy Yard.