Log in

View Full Version : Taking on city ordinances in court.


justoneguy
Apr 14, 2009, 10:09 AM
Ok, I have been given a citation for my property not conforming with the *new* city ordinances and I have a few legal questions. I am representing myself here so there will be a few questions.

Background story:

The small city in which I live passed city ordinances in 2006. When they did that, they also created a "quality of life" unit as part of the police department. The task of this quality of life unit was to make sure people were keeping up with the ordinances. Well, in 2006 I got warnings from the unit stating that they felt my home needed to be pressure washed, citing exterior maintenance clauses in the city ordinances. First off, we have been in a county wide outdoor watering ban for a few years now. You can not water your lawn, pressure wash (unless you hire a company), wash your car, etc. Second, the ordinances say nothing in the exterior maintenance section about having to have a CLEAN home, just that it can not be falling apart. Third, I did not feel it was bad at all and nothing that was beyond normal dirt that comes on at spring time. At the same time, they warned me to correct my interior blinds because a few of them had broken slats from my 5 year old. I felt that the unit was WAY overstepping their bounds but I complied.

So in January of this year they pay me another visit. This time, warning me that 1) my "field" had not been cut (which I own half of and the city owns the other half), 2) that my backyard had not been cut and 3) that I was storing objects outside. First, the objects outside were rain collection buckets and barrels that I use to collect rain water to water my plants, since we are in a watering ban. They are kept in the backyard and can not be seen from the street. The officer had to go into my backyard to see them! Second, my backyard has always been left with no lawn, even from the builder, and my intent is to leave it that way. I like the wildflowers that grown back there and the wildlife that lives in it. My one neighbor also has no problem with it. It is also important to note that you can not see my backyard from the street. The city ordinance states, "Premises and exterior property shall be maintained free from grass, weeds or uncultivated vegetation in excess of 12 inches in height. This regulation shall not be applied to undeveloped property and to portions of developed property where the intent is to leave the property in its natural state.". As far as I am concerned, My intent is to leave my backyard in its natural state. This also applies to my field since it is undeveloped land (and can not be developed due to the power lines). When I approached the officer with the print out of the city ordinances, he refused to look at them and stated, "I KNOW what they say and the way that I interpret them, you are in violation." So I told him to write me the citation because I did not think I was in violation.

So I was told that I had to appear in court last week. I went to court expecting the judge to hear my case. I just want the judge to hear the case and determine if the city is overstepping the intent of the ordinance or not. If he says that I have to cut it, then so be it. Well, last week was only the arraignment for the case. I had to plead guilty, innocent, or nolo. When I asked the solicitor that I just wanted the judge to determine the intent of the ordinance and his ruling on the intent would determine what I plead, she said "Sorry, you need to plead now." Well the fine for not complying is a min fine of $250 for each day that I did not comply.

So here are my questions:

1) Is there a way to get a ruling about the intent of the ordinance from the judge BEFORE court. This way I do not waste the court's time and maybe can plead out of it if the interpretation is not in my favor?

2) Is there a way to "request" a judge, I know a judge for the city that should be more then fair in matters such as this.

3) I have already cut the backyard since it is spring time and I cut it every year, once, to get the flowers to grow. Should I just drop this case and let the unit get away with, what I feel is, stepping on my property rights.

4) Does it matter that I have owned the property since BEFORE the ordinances came into effect. I feel that I should be grandfathered in if they are going to change the rules AFTER I have owned the property.

5) Are there any motions about representing myself that I should file to protect myself?!

6) Would it help to try to have a meeting with the city atty before the case to work a deal about the fines and what I am trying to prove here?

AK lawyer
Apr 14, 2009, 02:37 PM
No, you can't get a ruling from the judge before the judge rules.

Have you requested a jury trial?

It appears that the ordinance may well be insufficiently clear to merit per day fines and a quasi-criminal remedy.

You could file a civil suit requesting a declaratory judgment and that the city be enjoined from enforcement pending determination of this civil case.

excon
Apr 15, 2009, 07:03 AM
Hello just:

I HATE homeowners associations. Your city sounds like one big one. I'd LOVE for you to beat their butts off. What? They don't have anything better to do than check on your blinds??

I'm also a believer in do it yourself law... I'm pretty good at it too. But, I know when I'm in over my head. When I find myself up against a BUNCH of lawyers, my do it yourself stuff is really stupid, cause I can't win. Really, I'm a smart guy, and I know a LOT about the law... But, I couldn't win against a lawyer in a courtroom setting...

You can't either. It doesn't matter how right you are.

So, the only advice I'm going to give you is this: Hire a lawyer or hire a housekeeper to make sure your blinds meet the needs of your local busybody.

excon

justoneguy
Apr 15, 2009, 04:29 PM
My city does not offer a jury trial unless I take them to the county courts. That is an option, because I have a right to a jury trial, but I thought it would be better it city court. I could be wrong about that what is best here. How do I change it after the fact, if I wanted to?!

I know the city prosecutor and one of the judges, like I said. (Too bad, the judge that I know personally is not the one assigned to the case.) I would really like to motion for a change in judge, not because the other judge that I know will rule in my favor, but I am pretty sure he will not slap me with a fine if things do not turn out my way!

Ya, my city is trying to be one big HOA... I support the effort, I just do not think that: a) the flunky cop should not be able to impose his own interpretation of the city ordinances and b) I do not think that the flunky cop should be able to enter onto my property to check for violations. Granted my backyard is not fenced, but when you have to walk onto my lawn to find problems that are not visible from the street, there is a problem in my eyes.

Again, I just do not want to get hosed in the process. But, I do not have the finds to hire a lawyer right now. Have you not seen the economy?! :)

What would filing a civil suit do for me?! Sounds like THAT is over my head!! ;)

ScottGem
Apr 15, 2009, 04:43 PM
I know the city prosecutor and one of the judges, like I said. (Too bad, the judge that I know personally is not the one assigned to the case.) I would really like to motion for a change in judge, not because the other judge that I know will rule in my favor, but I am pretty sure he will not slap me with a fine if things do not turn out my way!

Sorry, but if the judge knows you personally he would have to recuse himself from the case.

excon
Apr 15, 2009, 04:44 PM
What would filing a civil suit do for me?!? Sounds like THAT is over my head!!! ;)Hello again, just:

Is the city illegally enforcing the rules against you? If they are, then going to court would force your city to obey the law.

But, if what you want is to get out of your tickets, then I can't help. You love the rules set for everybody else, but you don't like it when they apply to you... You've got a friendly judge that you think will dismiss the tickets, and you're really bummed you didn't get him. The thought that it might be unethical for a judge to do that doesn't even occur to you.

But, you're fine with the rules - for everybody else. Okee doakee. Then you'll have to live with 'em.

excon