You can't fight city hall - or can you?

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My friend lives in a California coastal town of 37,000 people. He has owned a property with two houses on it there since 1985. My friend lives in one house, the other one he rents out. The noise definitely drags down the value of the property. The property is located in a residential area and adjacent from what used to be a tire shop. the tire shop has over the yars expanded its business to also do brakes and other repairs. The noise of impact wrenches and hammering etc has been pervasive and increasing with an increase of business over the years. My friend, who is now retired, sort of missed the increased noise levels in the beginning, because he went to work early and came home late for many years. My friend has been retired for a few years, and he is very unhappy witn the noise issue.

Many times he has complained to the owner of the shop and also at city hall. the owner of the shop happens to be the president of the local chamber of commerce. Nobody can show my friend the business permits that a business requires to operate. When my friend inquired at the Chamber of Commerce what would happen if one of their members did noit have all the required permits to conduct his business. My friend was told the issue would be taken to the board of supervisors. A few months later, my friend went back to find out to what conclusion the board of supervisors had come, but he was not given any information and sent home.

Some time ago, the son of the tire shop's owner began harassing my friend in public. He made rude gestures, made finger guns, yelled obscenities, called my friend names and even revved his car's engine and sped towards my friend who was walking on the sidewalk, all in an effort to intimidate and threaten. My friend wrote a letter to city hall in which he explained what had happened and he said that someone would eventually get hurt. They flipped that around on him and my friend was shortly after stopped by the police was walking in the street. He was told he had made threats against the owner of the tire shop, who apparently had told the police he had been harassing my friend until he feared for his life. At the same time, my friend was give an restraining order against the tire shop owner. My friend was also accused of terrorist threats. He had to surrender his three guns. The former mayor of the town, who knows my friend and has visited his house in the past, had told the police that he kept guns in his garage. He actually kept his guns in a gun locker in the attic.

My friend went to the district attorney who, based on all the information, including the police report, decided not to prosecute my friend for supposedly having made terrorist threats. He said he would investigate what was going on, but it has been half a year and so far he seems to have done nothing.

My friend has spent lots of money on attorney's in the past. he actually got repeatedly screwed over by his attorneys who basically ended up telling him to give up. According to his last attorney, my friend is no longer allowed to use his video camera on his own premises to record sound and images, and he is neither allowed into the chamber of commerce, nor is he allowed to attend chamber of commerce functions.

After a confidential open investigation in 1999 and now another investigation of the tire shop in 2014 by the city manager, she refuses to meet with my friend on these issues as of May 29, 2014.

My friend has even asked a senator for help, but he is always sent away after being promised they would look into the matter.

Documents of public record by the city clerk and the staff report show: Revocation of use permit, site development permit and coastal development permit in 1987, Memo filed by planning intern in 2004, newspaper letter to the editor: tire shop must apply for a use permit from the planning commission at a public hearing. A letter from law offices in 1999 to code enforcement. Request for compliance letter in this matter of conditional use permit along with a confidential open investigation in 1999. All this indicates that the tire shop does not have the required business permits to operate the business.

The business was expanded, but the parcel number was not included in the conditional use permit obtained in1985, nor has a use permit been obtained since.

At a meeting in 2014, a lot of businesses did not have certificate of occupancy.

However, a letter from the city manager declares that the tire shop has all required permits. Nu they cannot produce them. At one point my friend, on his insistence of being shown a permit, was given a blank piece of paper and charged a fee.

In addition, the tire shop is using the front parking lot to store vehicles, which was intended for customer parking for all the businesses and not permitted per Municipal Code.

My friend's neighbors all support him in as far that they tell him to keep up the good work and to keep fighting, but none of them will even sign a petition about the noise issue. My friend has talked to newspaper editors and to investigative tv sources. They always say they will investigate but never get back.

For the past years or so, the noise level has become very low, and sometimes there is no noise for two weeks at a time. The question is how this business stays in business if they can['t conduct their business. And it seems the owner is finally getting pressured by someone. Most of all it is strange how city hall and local police have seemingly been conspiring against a citizen whose rights are being trampled.

I guess you can't fight city hall, or can you? And where do you go? If you go higher than city hall, they send you right back there!

hotwheels
 
Originally Posted By: hotwheels

In addition, the tire shop is using the front parking lot to store vehicles, which was intended for customer parking for all the businesses and not permitted per Municipal Code.


I'm curious about this code that won't let a repair shop park cars in its lot. If the other businesses don't care about cars being parked there why does you your friend?
 
Originally Posted By: eljefino
Originally Posted By: hotwheels

In addition, the tire shop is using the front parking lot to store vehicles, which was intended for customer parking for all the businesses and not permitted per Municipal Code.


I'm curious about this code that won't let a repair shop park cars in its lot. If the other businesses don't care about cars being parked there why does you your friend?


There are parking meters that are meant to be used by anyone who wants to park there. I don't think it's right that a business uses those parking meters as their private lot.

hotwheels
 
Originally Posted By: DirkDiggler
he can sue for it being a nuisance and violating city ordinances. he will have to pay for a lawyer.


So far he has spent over $40,000 on attorneys and got screwed over twice.

hotwheels
 
Originally Posted By: hotwheels
My friend lives in a California coastal town of 37,000 people. He has owned a property with two houses on it there since 1985. My friend lives in one house, the other one he rents out. The noise definitely drags down the value of the property. The property is located in a residential area and adjacent from what used to be a tire shop. the tire shop has over the yars expanded its business to also do brakes and other repairs. The noise of impact wrenches and hammering etc has been pervasive and increasing with an increase of business over the years. My friend, who is now retired, sort of missed the increased noise levels in the beginning, because he went to work early and came home late for many years. My friend has been retired for a few years, and he is very unhappy witn the noise issue.

Many times he has complained to the owner of the shop.


What did your friend expect the shop owner to do before the Drama?, Auto Repair/Tire shops shops are loud. The Shop packing-up & leaving would have been the only thing to make him happy?
 
Pretty sure that CA has the same laws allowing anyone from anywhere access to any public records that the other forty nine states have.
A few formal public records requests would give you, or you friend, access to any permits or other actions related to this business.
Yoy can also request the complete personnel files of anyone in a position of public employment who gives you, or your friend, any guff (or not, doesn't matter), including any cop.
Feel free to tell any public employee, including any cop, that you'll get their personnel file and pursue any legal action from there.
They can do nothing more than not like it.
OTOH, where is this terrorist angle coming from?
Something tells me that you may not be telling the whole story here.
 
Originally Posted By: hotwheels
Originally Posted By: DirkDiggler
he can sue for it being a nuisance and violating city ordinances. he will have to pay for a lawyer.


So far he has spent over $40,000 on attorneys and got screwed over twice.

hotwheels


Sorry but your friend isn't very bright.

Move.

He isn't going to win, he's just throwing money down the toilet. Put the house up for rent for (random numbers here) $1,200 a month and he can rent another property for $1,200 a month in an HOA. Then he's financially the exact same as he was before and he doesn't have to deal with the noise, it probably isn't that big of a deal. Install dual pane windows or keep the TV on and he won't hear it at all.

Not to be rude b it sounds like he likes to stir things up a little bit too. It's an auto repair shop, they can't tone down their impact guns and compressors.

Move.
 
Originally Posted By: Nick1994
Originally Posted By: hotwheels
Originally Posted By: DirkDiggler
he can sue for it being a nuisance and violating city ordinances. he will have to pay for a lawyer.


So far he has spent over $40,000 on attorneys and got screwed over twice.

hotwheels


Sorry but your friend isn't very bright.

Move.

He isn't going to win, he's just throwing money down the toilet. Put the house up for rent for (random numbers here) $1,200 a month and he can rent another property for $1,200 a month in an HOA. Then he's financially the exact same as he was before and he doesn't have to deal with the noise, it probably isn't that big of a deal. Install dual pane windows or keep the TV on and he won't hear it at all.

Not to be rude b it sounds like he likes to stir things up a little bit too. It's an auto repair shop, they can't tone down their impact guns and compressors.

Move.


+1


Not worth the time or money......
 
Originally Posted By: clinebarger
hotwheels said:
What did your friend expect the shop owner to do before the Drama?, Auto Repair/Tire shops shops are loud. The Shop packing-up & leaving would have been the only thing to make him happy?



My friend lived there before the shop opened. It was only a tire shop in the bginning. The shop expanded and grew considerably over the years. The noise level increased. Yes, he wants the shop to close.

hotwheels
 
Originally Posted By: fdcg27
Pretty sure that CA has the same laws allowing anyone from anywhere access to any public records that the other forty nine states have.
A few formal public records requests would give you, or you friend, access to any permits or other actions related to this business.
Yoy can also request the complete personnel files of anyone in a position of public employment who gives you, or your friend, any guff (or not, doesn't matter), including any cop.
Feel free to tell any public employee, including any cop, that you'll get their personnel file and pursue any legal action from there.
They can do nothing more than not like it.
OTOH, where is this terrorist angle coming from?
Something tells me that you may not be telling the whole story here.


They can't show any permits, because there are none. The business is operating without them.

The whole story is longer than what I have told, but it's more of the same. Almost 30 years worth of the same.

hotwheels
 
So according to you a businss can and should legally operate without the permits that the city requires? Whoever doesn't like it can move? Otherwise he isn't very bright? I think you should move there.

Who wants to rent a place where impact wrenches go off across the fence all day long? Who wants to buy such a place? Maybe a deaf person.

hotwheels
 
Sounds like the situation is pretty much unchanged with the tire shop as a neighbor.

It's just that your pal's view of the situation has changed since he is home during shop business hours now.

Sell and buy elsewhere.

Let someone younger and more tolerant buy the houses.
 
Originally Posted By: hotwheels
So according to you a businss can and should legally operate without the permits that the city requires? Whoever doesn't like it can move? Otherwise he isn't very bright? I think you should move there.

hotwheels
I would live there, the sound of power tools don't bother me unless it's midnight.

They probably do have permits but since your friend is being a pain in the a$$ to the city hall they don't want to cooperate.
 
Originally Posted By: SilverC6
Sounds like the situation is pretty much unchanged with the tire shop as a neighbor.

It's just that your pal's view of the situation has changed since he is home during shop business hours now.

Sell and buy elsewhere.

Let someone younger and more tolerant buy the houses.


That's what you would do if someone were to start a noisy, illegal business next door? You are very tolerant indeed.

What everyone seems to overlook is that the business is not operating legally and that the city protects the business owner, who happens to be the presdient of the local chamber of commerce. How do you deal with city hall if they don't enforce their own rules and regulations? Where do you go?

hotwheels
 
Originally Posted By: Nick1994
Originally Posted By: hotwheels
So according to you a businss can and should legally operate without the permits that the city requires? Whoever doesn't like it can move? Otherwise he isn't very bright? I think you should move there.

hotwheels
I would live there, the sound of power tools don't bother me unless it's midnight.

They probably do have permits but since your friend is being a pain in the a$$ to the city hall they don't want to cooperate.


Just because you would not be bothered, nobody else is supposed to be bothered by noise from a business in a residential area?

I have seen documents that show that the business was denied, for example, a certificate of occupancy. The city will not show documents that they do not have.

hotwheels
 
Originally Posted By: fdcg27

OTOH, where is this terrorist angle coming from?


That's coming from on purpose missinterpreting "someone is going to get hurt" as a threat. As I said, the DA rejected that notion and sent the police report back to the police chief.

hotwheels
 
Originally Posted By: hotwheels
Originally Posted By: clinebarger
hotwheels said:
What did your friend expect the shop owner to do before the Drama?, Auto Repair/Tire shops shops are loud. The Shop packing-up & leaving would have been the only thing to make him happy?



My friend lived there before the shop opened. It was only a tire shop in the bginning. The shop expanded and grew considerably over the years. The noise level increased. Yes, he wants the shop to close.

hotwheels


You are the best friend in the world.

And you must fear this shop, as to not give its... name?

Others must have had similar experiences to you. With all that noise, etc.

Do the local PD take noise/nuisance reports from you, an affected citizen? Or your friend?
 
Almost sounds like an incurable defect to his property...unless a dog kennel was to take the place of that tire store.
Scenarios like this are precisely why I don’t buy or build residential property directly adjacent to commercial zoning without adjusting the market value downward accordingly.

Legitimate automotive repair businesses in California are required to obtain, maintain and post “in a conspicuous location” a Bureau of Automotive Repair license (and disclosures), California Franchise Tax Board Resale license number and a California Air Resources Board license number, amongst others.

Almost cities also require a current business license and valid CUP (conditional use permit) to be posted. His doesn't?

If your friend has a court-ordered restraining order against him and has already frittered away $40,000, it’s high time to cut his losses and move on, yes?
Literally and figuratively.
 
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