What is junk or scrap metal? Legal question...

[tarafied1]

I have a friends 67 sitting in my driveway. It does look ruff I admit and it is not licensed. I got a letter today from the city stating that I am in violation of a city code ordinance.

Code 92.03 (J) Junk, scrap metal, motor vehicles. The storage of vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes.

It says I have seven days to correct the situation or be cited and a civil fine will be imposed.

I could put it in my garage but the POS is in there, which looks much worse. I also don't want to leave my 67 outside. I could also ask my friend to take it back out to the farm but I feel like it's my fault it's here because I have been bugging him for years to drag it out of the field to work on it. I don't think it looks bad and I asked my neighbors, none of them say it looks bad. Any advise?

[AzPete]

Does it run....drivable.....put plates on it. Otherwise, better hide it unless the code enforcement people become car guys real quick. Makes no difference on the neighbors thoughts either. Can you hide it in the back yard under a cover for a time?

[tarafied1]

no it doesn't run yet. I've only done a few things, like fix the hood and a vent window and door latch. I was planning as it gets warmer to get the brakes working next. The gas tank and fuel system is shot for sure (sat for 13 years) and the interior is NASTY. My plan is to put it in the garage and move the POS into the back yard behind the fence with a tarp over it but I don't know if that is legally okay. The letter says that "the burden rests on me...to correct the violation and get reinspected" I don't want this a$$ hole finding another reason to fine me!

[AzPete]

Rent a storage unit for one month. Move the driveway queen into the garage, the POS into the storage, and show him the car he saw npw in the garage. Then, at the end of the month, move the POS out in the back yard under cover......one step ahead of them.

He could still hit you up for a problem the way the law reads by having a non running car. The other would be to put the driveway queen in the storage for a month then do the other switch.

[tarafied1]

not bad ideas, I don't want to pay for storage for somebody else's car however. I don't mind taking it back to the guys farm but it will just sit and rot away. Not my problem I guess but if it's here I can work on it. Maybe I'm foolish because it's not my car but I have a ton of parts and the ability. I also like to tinker with stuff when I have some time and he will never do anything with it. I figured if I got it sound and running he might be inspired. Maybe he will store the POS on the farm...
I intended to make a trailer out of the POS for the Power Tour and if it is not here I can't work on it. The Farm is actually this guys mother's place and is quite a drive. I suppose I should just give this guy a call and tell him I'm taking it back to the farm and too bad so sad kinda thing. Pisses me off, it's not like a car with no hope but I guess some people just don't get it. :cry

[AzPete]

Take it to the farm and tell him as soon as you finish the trailer, he can return it to you for the work you plan to do.

[tarafied1]

that might work

[lethal289]

I seriously doubt that a code enforcement officer just stumbled on it.  He was alerted by somebody in your neighborhood.  It be worth it for you to call you Borough office tomorrow.

 

on premises authorized by the city for such purposes

Where are such premises?  You may be allowed to store the vehicle behind your house, or out of site from the main road.  Explain to them that its not a total loss, is structurally sound and has potential to run again.  Its not like you have a junk yard with a bunch of in-salvageable vehicles.  Where you may have trouble is if they ask for you to produce a title.  Either way, a phone call might be easier then loading back on the trailer and heading out to the farm.

[66gt350]

Unfortunately, here it would be considered a junk vehicle.  At least here in Shasta County, the code enforcement officer can not just see a violation and stop.  There has to be a written complaint filed with our building department.  Otherwise it's known as selective enforcement.  Call the code enforcement officer and talk it over with them.  Sometimes there things that can be done, but othertimes your screwed and have to get rid of the vehicle.

[buening]

Would this still apply if the vehicle was under a car cover?  Who's to know if the vehicle runs or not when its under a cover.   It's a little more pleasing to the eye IMO under the cover.

[lethal289]

Would this still apply if the vehicle was under a car cover?  Who's to know if the vehicle runs or not when its under a cover.   It's a little more pleasing to the eye IMO under the cover.

+1 Put the E under a cover, and the blue one in the garage, get your inspection, when the dude leaves, switch the two cars back, and leave the blue one under a cover until you work on it.

[AzPete]

Places in Az. used to go by the amount of spider webs under the car if it was covered.......If it didn't move after so long, get rid of it pr put it in a garage.

[tarafied1]

I know who the "Richard Cranium" is that complained. I live on a dead end street and no one drives up here. I'm the last house. The guy who complained has done so to others on our street. A lady across the street rented a "POD" when a tree fell on her house and it was being fixed. The Pod sat in her driveway for a few months. She got a similar letter. He lives at the beginning of our street and has something up his, well you know. I have other examples too but short of some crazy retaliation it is what it is. I asked my close neighbors before I put the car there but I knew better than to go down the street and ask him. I will call the Code Enforcement Officer for sure but I'm not optimistic.
Thanks all for the advise, somethings to consider.

[AzPete]

Last option, pull a  :nick on the car and have it done in the 7 days.

[Tony R]

I would call too.  Use a few cans of rattle can paint and paint it an ungodly color like florescent pink and tell the city it is a work in progress and not a complete loss.  Give the pissed neighbor something to look at and really drive them nuts.

[chucky]

Ask the investigator for either a copy or verbal description of the complaint including the name of the complaintant. I believe it is considered public records, if they give you a hard time inform them you can/will file Freedom of Information Act to obtain the information.

[tarafied1]

thanks, I've been getting an answering machine and no call back so far this morning. But I will ask about the complaint. I could go around town and photograph much worse violations but I don't want to screw anybody else. I understand the reason, it just pisses me off. Everyone on my street knows I am a gearhead and this car is not some abandoned pile of junk. I have had worse sitting in my driveway!

[66gt350]

Ask the investigator for either a copy or verbal description of the complaint including the name of the complaintant. I believe it is considered public records, if they give you a hard time inform them you can/will file Freedom of Information Act to obtain the information.

I doubt that the code enforcement officer can give you the name of the complainant.  That is normally considered as confidential and only accessible by a court order.  I've been working here at the county for somewhere between forever and infinity, and I've yet to see that information given out.

Do you have a dog?  A flaming bag of dog poo left at the front door won't help out the car situation, but it may make you feel better.   :lol

[tarafied1]

yeah that would make me feel better!

[chucky]

I had this happen once and got the name, depends on the state. Here's one:


PLEASE NOTE: Florida has a very broad public records law. Any written communication to or from City officials regarding City business is a public record available to the public and media upon request. Your e-mail communications may be subject to public disclosures.

[d_ford]

Thank God I'm a country boy. People piss me off.

[66gt350]

Yep...depending on state to state laws, whether or not that information can be given out.  Here in Shasta County almost everything we do is public information.  There are two exception: 1) information that has been determined as a trade secret, and 2) complainant information.  And the only way we can give it out is with a court order or subpoena.

Good luck with getting this straightened out.

[tarafied1]

well, I just got off the phone with the city. The code violations enforcement officer was a women and very nice. She was familiar with the complaint. Long story short she recognized that this was not an abandoned junker and even asked if I was fixing it up. I said yes and began to explain what I was doing, she interrupted and in a "is any body listening tone" said just get a car cover, not a tarp and cover it, call her back, she will photograph it and close the case. If it were licensed and insured I wouldn't have to cover it even. She said she was aware of many violations around the city and I was not the only one. I was pleasantly surprised at her attitude and openness!!! A car cover isn't a bad idea anyway.

[B67FSTB]

Would this still apply if the vehicle was under a car cover?  Who's to know if the vehicle runs or not when its under a cover.   It's a little more pleasing to the eye IMO under the cover.

+1  Was thinking the same thing.

[FordDude]

well, I just got off the phone with the city. The code violations enforcement officer was a women and very nice. She was familiar with the complaint. Long story short she recognized that this was not an abandoned junker and even asked if I was fixing it up. I said yes and began to explain what I was doing, she interrupted and in a "is any body listening tone" said just get a car cover, not a tarp and cover it, call her back, she will photograph it and close the case. If it were licensed and insured I wouldn't have to cover it even. She said she was aware of many violations around the city and I was not the only one. I was pleasantly surprised at her attitude and openness!!! A car cover isn't a bad idea anyway.

About time that we have a happy ending to a story.  :ecit And if you are really feeling lucky you could ask Tara for a happy ending as well...  :craz  fd