YOU DONT HAVE TO YELL ABOUT IT!:-)

I've found it's best to go down and confront them in person. You might ask for a variance. Here in this town, there are codes that are enforced that stemmed from when codes here first started in the fifties. Some of them simply dont belong anymore, so I've found that the building depts. often agree and will issue variances, but not always. Without getting a variance, they have to enforce what's in the books. You might give it a go!

What are the alleged violations? Is it a wiring problem, a set-back problem, building permit, construction code or is the problem the buckets and pots which are laying around in the yard by the greenhouse? If it has to do with construction code, then you need to determine if your greenhouse before the code was adopted. If it was built first, then they have to grandfather you in. DO you live in a covenant neighborhood? We need more details about exactly what the violations are. We can rant and rave in generalities all day but sooner or later we have to discuss specifics.

I agree about ranting. It takes up a lot of space and doesn't accomplish anything.

However, in most jurisdictions, building and zoning codes are different ordinances, controlled by different bodies. Building depts. enforce building codes and zoning depts. answer to the elected bodies that adopt zoning ordinances.

However, a variance is a release from a zoning restriction, usually related to lot size or land use and has nothing to do with building codes and very few units of local government have their own building codes in any case; they simply adopt BOCA.

So what is your issue: zoning restrictions or building codes?

Funny, I've gotten many variances over the years from the building dept concerning building codes in my business on older period homes. It's a regional issue state, county, town, etc. and might not apply in your area, but does in others.

Thanks for replies, but if you read my post my question was does anyone have experience with ACLU legal civil rights help. bill

sierraeast: I can see building codes not being imposed for some aspects of the repair/renovation of older, period homes because they are existing structures, but try seeking relief from current building codes for NEW construction and I believe you would have a different experience.

billtex: The ACLU has limited resources and generally deals only with violations of civil rights as granted under the provisions of our Constitution, but their getting involved in a zoning or building code issue is problimatical.

You would need to contact them and ask, but you still haven't told us what your problem is. If it's regarding zoning, then you might be best off consulting with a attorney who practices zoning and real estate law in your country.

But again; zoining laws and building codes are entirely different things. One imposes restrictions on the use of property and the other is to insure safety in whatever structures are constructed on it. Meaning: Regardless if you applied for a permit to construct a new home on a tiny city lot or 100 acres in the country, as long as both were within the bourdaries of the same zoning jurisdiction, the building codes would be the same.

So you need to determine if your GH is in compliance with your zoning and also your local building codes and go from there. But start by checking the zoning on your property, then read your local zoning ordinance to determine if backyard GH's require permits.

BTW: I know a number of lawyers who have litigated in behalf of ACLU clients, but have never known of any who did so over a zoning issue.

"but try seeking relief from current building codes for NEW construction and I believe you would have a different experience. True! Some of the codes make no sense for new builds here and it's like pulling good teeth trying to get a variance(s). Why is it most always a wrestling match when the solutions are simply common sense, but their "power trip" mentality complicates it. Oh well!

sierraeast: Did your local zoning authority write its own building codes, or did they just adopt BOCA?

I'm asking because if you read BOCA, there is a lot in it that could apply to one region, but not another so if a local authority adopts it in-toto, people like yourself often end up tearing their hair over requirements that simply don't make sense for their specific application.

Hi Birdwidow, Concerning building codes, as of Jan. this year, Calif. switched over to the I.R.C. That is followed by many states now. Before, since the early fifties when codes here were implemented, Calif. had it's own with slight differences between cities and counties, but for the most part followed the same m.o.

Zoning is typically a county issue approved by the state with many differences because of the wide range of different topographies throughout the state. Coastal requirements are going to differ from mountainous that differ from the deserts, etc but I dont believe BOCA is recognized as of yet. I can see that happening in the future similar to switching to the I.R.C. for building, only with supplementals because of seismic,/structural differences in building as well as topography in zoning.

Bill, the ACLU is not a free attorney service. It is takes on broad-based constitutional law cases. I don't think they will take on your case unless you are being singled out for violations while others are are not charged for the same violations or unless you are being singled out due to race, creed, religious or sexual persecutuion.

Thanks to all for replies. I have live here for 25 years and never had a complaint, until a new neighbor moved in last year. She filed a complaint , according to the code enforcer she was complained about the black nursery buckets because SHE COULD SEE THEM, that was the first complain. I moved the buckets to the inside of the greenhouse and the inspector said that is ok, well sort of because he changes his mind all the time and I cant get him to give me a specific list of the problems. A week later he drove up with another complaint about a tree of mine hanging over her property, I had the tree cut down and all seemed well.
A few days later he showed up again for another inspection stating I had trash in the back of property, which was the black buckets and other gardening things I use , which is an ongoing thing for me.
While he was here he said I should cover the greenhouse with a tarp, I had removed the plastic because another neighbors tree fell on my greenhouse and destroyed the plastic. BASED ON PREVIOUS EXPERIENCE WITH THIS INSPECTOR I CAN SEE IT COMING. I think I need an attorney , there are a few in my area but not many .
Thanks for replies about the aclu. bill

PS to my last entry,,,,I forgot to mention that I asked my neighbor why she complained about the black buckets, and she said oh, I never complained about the buckets, so I confronted the code enforcer and he refused to answer. So this is really a confusing issue. bill

If your neighbor hadn't the courtesy to talk with you before calling in a complaint, she isn't likely to admit to doing so.

But has the code enforcement person actually issued a citation? If not, then the next time he comes around; demand to know EXACTLY what code you are supposedly violating.

Then, if the code isn't online for you to read and print out, demand a copy of it.

Meanwhile, if you erect a privacy fence around area in back of your GH where you store your buckets and other gardening tools and thereby hide them from your neighbor's sight, she will have no cause for complaint. Just some lattice panels set in a U shape may be all you need.

If that's what it will take to get relief from a PITA neighbor; it's your easiest solution and cheaper than a lawyer, because if you haven't been issued a citation for the GH itself, it's unlikely that you are out of zoning compliance in having it.

Bill, just a suggestion: don't DEMAND anything; politely request it. The next time the inspector drops by, offer him an iced tea or coffee. Tell him you know he is tired of responding to the complaints and ASK him to walk the property with you and make a list of "violations". Ask him if anything can lead to a citation. Most of these guys have heard it all, from the complainers and from the people on who the complaints are filed. Make it all neat and find a place for everything. Show the inspector you are working in good faith. Above all, don't get defensive with the inspector. He can make life VERY, VERY miserable and expensive for you.

Okay Bill. tsmith is right: ASK. Even smootch the inspector. Be very polite, but the fact remains that there has to BE a code TO violate before you can be accused of a violation and unless the inspector can cite it, he shouldn't be continually coming back.

I am taking a wild guess here but I believe there is more to this story than Bill is telling.

Bill, I empathise with you. I had a very similar situation years ago. My neighbor in a condo complex decided I wasn't the "right kind" to live next door to them based on their religion. They were constantly calling various inspectors on me. Animal control over my dog who was 100% an inside dog, City code over my vintage Mercedees in the parking lot in my owned space, The HO over any and everything you can imagine. When I moved in they had the HO there filming me move my clothes into the condo. They even called the police on me for disturbing the peace because I ran my dishwasher one night at 10PM. They called the police on me one evening about 8:30 for having dinner guests and we were sitting on the patio of my condo talking. The police found no cause, told me I had a neighbor problem and left. The husband then went balistic and came out to my patio jumping up and down, yelling at me and my guests for disturbing him. They finally moved out and I stood in the parkinglot waving to them with a glass of champagne in my hand as their moving truck left the parking lot. The only advice I can offer is to have a quite, calm talk with the inspector. Ask him to review the violations with you. Basically he is in a position that if someone calls in on you, he is required to come out. I would run the idea of a privacy fence by him to see if he thinks it will help. you may actually find some cooperation from him as I'm sure he is getting tired of having his time wasted. And I would also have a talk with the neighbor, let her know you without accusing her, that you are having problems with a problem neighbor calling in violations on you. And that you are putting up a fence to stop the view. And I would casually add in the conversation, if things don't quiet down on this, I'm going to go ahead and call an attorney and that it would be expensive on someone else as well as me. The thing I found worked best in my situation was to keep my cool, and let them know I meant business and would no longer tolerate being the target of their issue. Good luck, I know what a PITA a bad neighbor can be.