Code Enforcement Threat

[Jeepsinker]

If you have the money I would counter use for several million on the basis of rights infringement and mental anguish. After all, you " Really miss those trucks, they were a labor of love." Right?

 

[Merc1973]

Stay strong. I fear this is happening in more areas as well.

In my area, It reminds me of the wealthy-uppity Baltimore Urbanites that move to a rural area to get away from the city. But then they complain becuase they can smell cow manure from the various farms and there are tractors driving on the streets...

I feel this is going to be a losing battle but we must keep our communities strong from the outsiders trying to change things...

Best of luck!


BTW, if you dont know what Agenda 21 is, look it up. Everything must be sustainable, according to its followers... It's happening everywhere.

 

[Durango_USMC]

Stay strong, talk to your attorney about a countersuit... Sometimes that can get them to back off a bit and I would definitely pursue it if you win the initial case. That way you can recoup your costs and hopefully your deuce's. Good luck!

 

[Greywolf54]

The Secretary of the Interior or someone under them signed a MOU (Memorandum Of Understanding) that was going to take 18 million acres here in the Ozarks. It was called "Blueways", the people fought back and won. That was part of the above mentioned goal.

 

[kc5mzd]

Yes and the heavy metal laden dirt and concrete from the AIW foundry ended up in a field off of Rolland next to a small creak about 1 mile from my house!!!

 

[kc5mzd]

BTW, if you dont know what Agenda 21 is, look it up. Everything must be sustainable, according to its followers... It's happening everywhere.

Agenda 21,
Two years ago when this first started, the City of San Antonio adopted what it calls "The new International Muni Code" I ran accross that phrase several times on their website while trying to figure out what the charge of "OFFENSE: ZONNING - UNPERMITTED USE" mean't. Now I know, it means "your screwed"

 

[FMJ]

What the heck is an:

"The new International Muni Code"

"OFFENSE: ZONNING - UNPERMITTED USE"

Is that the limit of the description on your citation/summons?

 

[FMJ]

If they start with vehicles they don't like, where does it end, charcoal BBQ's?!!!!!

 

[M925]

The fact it is in civil court means they really don't have criminal laws against what you are doing. If there was they would charge you with a crime. As long as all of your vehicles are legal, I don't foresee you losing. Just make sure you have good legal counsel.

 

[kc5mzd]

What the heck is an:

"The new International Muni Code"?

Municode is their listing of the local laws. International I think means they conform to some kind of new international set of municipal laws or codes.

"OFFENSE: ZONNING - UNPERMITTED USE"

Is that the limit of the description on your citation/summons?

That is the full description of the offence. the only other info is to say if I don't appear they will issue a warrant for my arrest and a case number. They wouldn't give me an exact ordinance or law that was broken. After arguing with them my attorney was able to get the number of an exact code. They are now charging me with "vehicle storage on residential property". This was only after I complied with all their requests and showed up to tell them I had taken care of everything they had asked.

I think I have a good attorney. He seems very smart and patient. Normally I get the feeling they are running a scam whenever I talk with an attorney. This is not the case with this attorney he seems to be genuine and want to help.
I am hoping that this is a open and shut win for me. I would like to win by declaring that "former military vehicles" are antiques and not vehicles so they can't go after anyone else in this manner in the future. As I understand it once it is decided by a jury then anyone can refer to the case in the future as their defence.

 

[kc5mzd]

If they start with vehicles they don't like, where does it end, charcoal BBQ's?!!!!!

Be carefull what you say.
They have already vowed to bankrupt the coal industry!

 

[USAFSS-ColdWarrior]

Municode is their listing of the local laws. International I think means they conform to some kind of new international set of municipal laws or codes.


That is the full description of the offence. the only other info is to say if I don't appear they will issue a warrant for my arrest and a case number. They wouldn't give me an exact ordinance or law that was broken. After arguing with them my attorney was able to get the number of an exact code. They are now charging me with "vehicle storage on residential property". This was only after I complied with all their requests and showed up to tell them I had taken care of everything they had asked.

I think I have a good attorney. He seems very smart and patient. Normally I get the feeling they are running a scam whenever I talk with an attorney. This is not the case with this attorney he seems to be genuine and want to help.
I am hoping that this is a open and shut win for me. I would like to win by declaring that "former military vehicles" are antiques and not vehicles so they can't go after anyone else in this manner in the future. As I understand it once it is decided by a jury then anyone can refer to the case in the future as their defence.

Sir,
Are your vehicles REGISTERED as TxFMV's?
Are they also registered IN YOUR NAME or is a business name on the Title/Registration?
Do you RESIDE on the property, and is it your HOMESTEAD under Texas Property Tax Code definitions?
How you answer these questions could be key to your defense.

(NOTE: I am not a lawyer. However, please be sure that your attorney has considered these FACTS.)

 

[Another Ahab]

Municode is their listing of the local laws. International I think means they conform to some kind of new international set of municipal laws or codes.

I think I have a good attorney. As I understand it once it is decided by a jury then anyone can refer to the case in the future as their defence.

I'm wondering what authoritative body establishes this Int'l Muni Code? Sounds suspect on the surface of it, but maybe something's missing here...

And I was reflecting on your situation, and wondering if you might get the ACLU to weigh in (if your attorney is not against that). They might take an interest in the case (and on a pro bono basis). A friend-of-the-court brief on your behalf might not hurt (but I'm not an attorney so take that into account!).

And the fact that it's a jury trial is your best bet: the David vs Goliath situation plays best for "David" with a jury. But then being a civil case, are you sure there's a jury?

 

[steelypip]

This is a guess from a non-lawyer who took a business law class a long time ago in a different state:

I think it's like the UCC (Uniform Commercial Code). It's a set of laws that were written up to be pretty much universally applied anywhere and there's a push for law harmonization that has resulted in legislative bodies (state legislatures in the case of the UCC, City Councils in the case of the IMC) adopting it verbatim as the law of the land on that subject.

If you're in the USA and you're doing business, it's probably under the UCC, because your state has probably adopted the UCC in its entirety as the law of the land regarding business law, contract law, tort resolution, etc. If things come to legal unpleasantness, it still means that you need a lawyer admitted to the bar in the state where the complaint is filed, but it also means that if you're in state A doing business in state B you're generally bound by the same legal framework of commercial law, so your standard contract boilerplate works nearly everywhere. Last I checked, Louisiana was still operating under a weird mix of the Napoleonic Code, English Common Law, and the UCC, but most other states have adopted the UCC entirely.

The problem with applying the principle of uniform laws to municipalities is that towns (or even neighborhoods) aren't all the same, don't all have the same interests, or the same sort of people with the same concerns. It's stupid to assume that one set of ordinances will fit all municipalities. But then we have lots of elected officials doing stupid things for selfish or just plain stupid reasons. I know for a fact that there are companies that draft these things and sell them to development companies (for HOA bylaws) and municipalities (for zoning ordinances). You can bet that they're placing full-page ads in 'local government today' or whatever to sell the idea of standardized municipal ordinances.

And that's why I'm on the top of a hill zoned rural (and likely to stay that way because they're not going to run municipal water and sewer up our cliff of a road to serve 60 houses).

 

[Robo McDuff]

I am getting Czech veteran papers for my car now. That process includes me having to become member of something like the national veteran cars register. The Netherlands have something similar. These are not state, but recognized large non-profits mostly with political lobby as well. Does not the mvpa function like that in the USA? Once recognized by them, you are part of preserving history and have a much stronger position.

Keep stressing that this is not junk but part of US History. What might help if - through the VIN number - you have more information of to which unit the trucks belonged. Make a nice small poster and hang it on the side of each truck. Maybe organize a neighborhood barbeque explaining your trucks and get media attention for that - invite the local press they always like a free meal.

 

[swbradley1]

This is a guess from a non-lawyer who took a business law class a long time ago in a different state:

Hmmm, the only law class I ever took was business law. Interesting.

 

[Another Ahab]

Last I checked, Louisiana was still operating under a weird mix of the Napoleonic Code, English Common Law, and the UCC, but most other states have adopted the UCC entirely.

Total sidebar to the thread, but for the record:

- Hooray for them "Ragin' Cajuns"!!

You wouldn't want the chaos of EVERY state doing something different from every other here in our Grand Republic, but it's a breath of fresh air to have one that keeps all the others guessing.

Laissez Les Bon Temps Rouler! (for those a bit rusty in their French translation, it means "Louisiana is OK!").

 

[VPed]

If they start with vehicles they don't like, where does it end, charcoal BBQ's?!!!!!

Several years back, my family and I were visiting the Alamo. On the way out, the ranger at the exit noticed the lockback knife pouch on my belt and told me "You do realize it is illegal to have that knife right." I said I did not and I appologized for having it in the Alamo. He said it was not about the Alamo, it was San Antonio. I asked "Are you kidding me? The place where Jim Bowie died has outlawed a knife?" He just shrugged his shoulders while nodding yes and said I should put the knife away if I did not want issues while walking about.

 

[Carlo]

Sad and a shame that a man cant keep what he wants on his land. Get a museum status? Maybe this might stop them.

 

[zout]

Not to burst anyone's bubble here - BUT - these types of threads are really obnoxious.
There is no one here that can help you locally.
There is not attorney here to help you for free to get you out of this situation.

Anyone one answering is not in your neighborhood putting up with the same ordeal.

These threads really wind up getting closed and locked up in the end anyhow.

Before we got ours - we knew and investigated besides what we are tolerating now with a TITLE ISSUE which is a whole nother thread - but we are responding to the threat of our hobby here in GA.

This appears a pure legal issue - between zoning and such. Is it time to end this thread and ones similar like it in the future.

Just my .02 cents worth