Urban planning community | #theplannerlife

Closed thread
Results 1 to 8 of 8

Thread: Redevelopment of a nonconforming lot

  1. #1

    Redevelopment of a nonconforming lot

    What would any of you do if a resident decided to redevelop a nonconforming lot and his plans were not in compliance with the building codes and drainage laws. What if the building official went ahead and issued and approved the permits but the permits were not completed as required and one of them had no fee charged or no signature of the builder. What if you were the neighbor of the illegal redevelopment and the developer's structures were sp large that he rotated the roof surface and regraded the property so that all the stormwater ran onto your property, causing uncontrollable flooding? What if you as the neighbor receiving the nuisance drainage and flooding requested the building official to address your concerns and he refused. Then what if the builders brother, who was a County Sheriff's officer came to the location and acted as if he were had the authority to act as a city building official?

    Moderator note:

    Every so often, beginning in late 2005, this user has posted essentially the exact same claims, and crying victimization by everyone and their cousins. There is no apparent veracity to the claims, thus this thread is closed.

    Nothing to see here folks, move along.
    Last edited by Gedunker; 12 Feb 2018 at 12:38 PM.

  2. #2
    Cyburbian Wannaplan?'s avatar
    Registered
    Aug 2001
    Location
    Rustbelt Incognito
    Posts
    3,043
    Get a lawyer.

  3. #3

    Get a Lawyer

    It seems that I am located so far back in the sticks that it is to far, to complex and to unprecedented for any reputable attorney to dedicate their time to. That has been the response from every one that I contacted. Locals are all on one team. Always have been always will be. So that is not an option. Next suggestion? At what point would the failure to enforce laws become a crime in itself?

  4. #4
    Cyburbian dvdneal's avatar
    Registered
    Jan 2009
    Location
    Remote command post at local bar
    Posts
    12,219
    Things like this are hard to fight. Can you show something easy like where it violates a setback or specific building or zoning code? Is the house to close to the property line or over a square footage limit of some kind? All the plans should be public record along with the codes. The bigger problem is the storm water flooding. If you can video that during the next storm, that goes a long way. It's nothing the city or county will deal with typically, but it can be taken to court and they can order the guy to fix it somehow. It really all comes back to getting a good lawyer. If you're in the sticks you might have to travel. I'm in small town Kansas so I get lucky if I can find one in Wichita a few hours away. KC would have some. I don't know Iowa well enough, but I would head toward Des Moines or maybe the quad city area. Good luck.
    I don't pretend to understand Brannigan's Law. I merely enforce it.

  5. #5
    well it is a legally nonconforming property so no structures larger than the existing structures are legal. It is easy to determine that by the aerial photos, the stormwater was a definite problem but more disabling was the chemicals they like to have killed me

    https://docs.google.com/presentation...it?usp=sharing

    https://docs.google.com/presentation...it?usp=sharing

    I did hire a lawyer and he must have gotten paid by the other party more. I am understanding that law enforcement has the duty to protect an individual rights and from personal harm and property damage. The fact that the building official refused to come to the location when water was standing in the yard and the foundation was washed out, who would you suggest I get to address the situation, their is no other person with the duty and authority
    Attached Thumbnails Attached Thumbnails 6-1-2002 original property layout.jpg   3-3-2005  after redevelopment aerial shot (569x291).jpg  


  6. #6
    Cyburbian
    Registered
    Jul 2010
    Location
    Eastern Canada
    Posts
    114
    I am not a lawyer, and I don't know the context of your jurisdiction, so take this for what it is.

    There are a couple of separate issues going on here:

    1) Nonconforming. Are you sure the building as built violates your community's rules for nonconforming buildings? Often, planning rules will allow expansion of nonconforming buildings as long as it doesn't make the nonconformance worse.

    2) Incomplete permits. I'm honestly not sure what the remedy is here.

    3) Water flowing onto your property. This is the big one for me. And it is separate from the building official issue. The building official is usually only responsible for enforcing building code, and that's it. Uncontrolled sheet (surface) flow of water onto neighbouring properties is (in my jurisdiction) a nuisance issue dealt with through the civil courts. It is separate from anything related to the municipality. I.e. you need to document everything and then get a lawyer and discuss suing the landowner.

  7. #7
    I am confident that the nonconforming property has been redeveloped with noncompliant structures. My education as to a cities duties for the residents comes from an expert in his own right. My father was the "Street Commissioner" of a larger neighboring town. I know in Iowa the city building official has a duty to address concerns of neighboring property owners in regards to a new property redevelopment. In this case the city building official refused to address my concerns. He doesn't actually have that option. In fact after my complaint he issued three more illegal building permits to this neighbor of mine and friend/fellow authority of the building official. I knew the structures were illegal before the Mayor stated himself on public record that the liability of the city ends with the signature of the builder on the building permit. At that time I held up the permit that had no fee charged and no builders signature. There was no response from any of the council or the Mayor. The Mayor stated on public record that no structure could be larger that the existing structures, this statement was made after the fact. This neighbor's brother, who happened to be a Detective for the County Sheriffs Dept. did come to the location and misrepresent his authority to be that of a city building official. He has no authority to do anything in the city much less act as an authority of a building official. The entire circus was fraudulent. I did hire an attorney, biggest mistake of my life as he never filed the complaint against the city that I hired him to file, he lied to me assuring the he had. I hope the following links open. let me know if they don't. I recognize this has become way more that a nuisance drainage issue. Do to the fact that a conflict of interest was used for unethical actions up to the office of the county attorney. I need to know if a Federal law has been violated. I beleive my right to enjoy my own property is a Federal law. I beleive equal protection is a Federal law. I believe the unlawful application of chemicals to my property is a violation of Federal law. If I can be positive a violation of Federal law has occured then I will submit my complaint to Federal authorities. I just want to be certain that a violation has occurred.
    the following link is to a compilation of the action of local officials
    https://docs.google.com/presentation...it?usp=sharing
    The following link is to the effects the chemicals had on my health
    https://docs.google.com/presentation...it?usp=sharing
    The following link contains evidence of the brother and Detective that misrepresented his authority
    https://docs.google.com/presentation...it?usp=sharing
    The following link is to information about Mayor #1 as there were four different mayor in a period of 5 years
    https://docs.google.com/presentation...it?usp=sharing
    The following link is to evidence of the criminal offenses committed by the city clerk
    https://docs.google.com/presentation...it?usp=sharing
    The following link contains evidence in regard to the representation I received by the attorney who represented me.
    https://docs.google.com/presentation...it?usp=sharing
    The following link contains evidence of the city building officials intentional negligence.
    https://docs.google.com/presentation/d/15zEq0IQHR0WrOzet7dBVrlmfytsyevJC0oKCSc5NyEA/edit?
    usp=sharing

    The following link is to evidence against one of the city Police Chiefs
    https://docs.google.com/presentation...it?usp=sharing
    The following link is to the actions of the County attorney
    https://docs.google.com/presentation...it?usp=sharing
    As you can see I have documented everything, much more than I have posted here. I fled from my home, business and property because the only other option I had was to shoot this neighbor dead. I felt at the time being that I could not bear to wear clothes and was blind that I would pay my friends who financially supported during these 5 years and cover my final expenses. I came back to this board looking to a professor at the University of Iowa college of law. He advised me off the record when this was still a nuisance drainage issue. I believe his name was Bob. I lost my ability to read and only have had my vision restored in late 2012. I have not found him.
    From where I sit in this situation it seems to be a conspiracy against rights and deprivation of rights under color of law, both would be violations of Federal law in my uneducated opinion of the law. I only know how to follow the law, anymore than that I have no experience in.

    When the building official refused to address my concerns I recognize that as a violation of my Federally protected right to private property. I recognize that he and the neighbor conspired to allow him to intentionally build oversized structures on a legally non conforming property The city does have a nuisance drainage ordinance that has the duty to address the concerns of a neighbor should that occur as a result of a new redevelopment. The building official refused. Why would a building official refuse his duty to address a nuisance drainage issue and continue to issue 3 more building permits to this neighbor after a neighbor has made a complaint and he has not responded? We have the No Adverse Impact Floodplains Management that I believe to be Federal law as it is distributed by FEMA which of course is a Federal agency. I am sure his redevelopment did not meet the State guidelines as when he went to get it recorded on the county plat map it was denied. Too much structure for too small of a lot. That is when he determined the remedy was to acquire my property. Is there any good reason a building permit would be issue and approved by the building official but no fee or signature of the builder on the permit? It is against the law to divert more stormwater onto a neighboring property that before the redevelopment. That is the information given to me and the Mayor (who happened to be thee seller of the property) by the County Extension agent. I contacted him after the building official refused to address the nuisance drainage issue. He noticed there had been no fee charge for the permit, I had already based my opinion that the city is liable because the permit was not signed by the builder, You mentioned I have several different issues, I agree. So what type of attorney would I need? I property law attorney, A personal injury attorney, A Constitutional attorney, A civil rights attorney. The attorney that I hired answered all my interview questions correctly. He knew the law. He suppressed evidence and did not file the complaint he was hired to file, against the city. The attached pdf has a chapter specific to the liability of a City.
    My assets are gone as I was forced from my property to escape the chemicals. I cannot get a response from anyone as to what I should do. I have contacted every attorney, politician, agency and org I can find. I am the only citizen on record that I can find that has been victimized in this manner, The building official has no history of not following standard procedure. I do not understand why now and why me? Because I am a middle aged female who is to stupid to know the value of her property dropped significantly? No I realized at all time the illegality of their actions.
    Attached Files Attached Files

  8. #8
    Cyburbian
    Registered
    Mar 2013
    Location
    Central Virginia
    Posts
    1,554
    A couple options I can think of checking out - these are kind of shots in the dark, but worth at least asking about. I don't know what state you're in, but here, the environmental stuff is ultimately overseen by the state. So there's possibly a state agency you could check with, let them know about the issue, and then they could potentially advise you or intervene on your behalf with a violation.

    Anyone who is certified as a building official in our state has to go through certain certification requirements. As such, they are accountable to the organization that their certification is through to meet certain ethical obligations. I would check to see if he's certified, verify the organization through which he's certified, check their code of ethics, and if there is a violation, you could file a complaint.

    Finally, you could try contacting the media. I wouldn't start with that option, but if you can't get a response any other way, maybe raising awareness of it throughout the community could help you get some traction.

Closed thread

More at Cyburbia

  1. Interpretation Nonconforming buildings
    Land Use and Zoning
    Replies: 11
    Last post: 01 Apr 2016, 12:12 PM
  2. Nonconforming uses?
    Land Use and Zoning
    Replies: 12
    Last post: 27 Jul 2007, 9:30 AM
  3. Nonconforming use
    Land Use and Zoning
    Replies: 3
    Last post: 31 Mar 2000, 8:47 PM