Hey my man I hear you loud and clear. I live out of city limits but in a small community, and we get more of our share of hey, I dont live in town any more, so I can let my dogs run loose, not mow my yard or keep my place, play loud music late at night every night crowd. They do tend to weed themsleves out but trash takes awhile to vacate.
Just remember, your rights end where my nose begins. When your inability to clean up after yourself and be a member of your chosen community devalues my property, you're pretty much up in my sinuses!
It’s obvious that one or more of the posters here are attorneys. So am I, so here’s some of the best advice you’ll get for free. You’re going to trial for one reason - you pled not guilty. Like someone said earlier, change your plea to guilty and accept the punishment. Judges get pissed when someone takes up their time with silly defenses, excuses or reasons. I’m assuming this will take place in OKC municipal court. You won’t get much leniency or sympathy there. Municipal judges are not elected officials, so the buddy system doesn’t work very well there. The city attorney will probably have only one witness and that will be the zoning code enforcement officer who will have lots of pictures for the judge to see. The most recent photos will have been taken the day before the trial. Like it was said earlier, clean yourself up before you go. Show up with hat in hand (literally and figuratively). If you show up looking and acting like white trash, you’ll probably be treated that way. I’m also assuming that the citation is for a violation of the city’s property maintenance code. Unless your violation is horrendous, the citation was probably precipitated by a neighbor’s anonymous complaint placed with the city’s action center over the telephone or the internet. In which case, your neighbors will keep making complaints until the problem goes away. You’ve got a bigger problem if your citation is, or includes, a zoning code violation. You said that you’re operating a trash hauling business of sorts. You’d have to get the city council to approve a re-zoning application to cure the problem, but it’s highly unlikely that you’ll be able to get your residential property re-zoned for this type of commercial use.
Having said all of that, I would try to change your plea to not guilty. In any event, you’ll have to show up in court and face the consequences. Unless you have some extenuating circumstances (evidenced by showing up in a wheel chair or walker) which has impeded you ability to comply with the city’s ordinances, you’ll likely get slammed. I would apologize profusely to the court and then present the judge with your plan and timetable for compliance. In the meantime, make the enforcement officer your new best friend. You no doubt have his name and direct line number from the notices he placed on your door or mailed to your house prior to the issuance of the citation. There is no magic dust or technical tap dance any lawyer can come up with at this point.
Having said all of that, I would try to change your plea to not guilty. In any event, you’ll have to show up in court and face the consequences. Unless you have some extenuating circumstances (evidenced by showing up in a wheel chair or walker) which has impeded you ability to comply with the city’s ordinances, you’ll likely get slammed. I would apologize profusely to the court and then present the judge with your plan and timetable for compliance. In the meantime, make the enforcement officer your new best friend. You no doubt have his name and direct line number from the notices he placed on your door or mailed to your house prior to the issuance of the citation. There is no magic dust or technical tap dance any lawyer can come up with at this point.
You need to hire a lawyer if you want to defend the case well. I would offer help but will be out of town on that date. You might call Zane Wood at: 405-290-7030. You are a little late in the game to hire counsel so be sure it is done promptly.
+1 Having trouble selling my nicely kept place because of a herd of dogs to the north and a herd of goats and loose horses to the east. Everytime I move away from Fred Sanford, he follows within a year or so.
M
mikem1262
Guest
Thanks for the laugh! It just struck a nerve with me. Dealing with a situation that's similar.
I'm a Code Enforcement Officer, so I'll throw in my .02 cents:
1. I do junk haulin ,scrap metal,yard work ,moving,and and had some scrap metal and a couple piles of stuff in my backyard.
Fact: You can't operate a business in a residential zoning. If your home is not your business location, then the stuff needs to go to the business location.
2. So city puts notice gives me 90 days to cleanup.
Fact: In my City a coutesy non-legal notice is given to the homeowner. If in 7 days no action is taken to abate the problem, or we have not been contacted by the homeowner with some sort of game plan for cleanup, we have the right to post a 10 day notice on the property, and send a certified letter to the homeowner. Again if after 10 days no action is taken to abate the the problem , the City will enter the property and clean it. A lien is then filed on the property for the cost of abatement (not cheap). 17 days and we are done, and you can't pay your taxes until the lien is paid.
3. I know this is my own fault.
Fact: You are absolutely correct.
4. Geeze its just trash.
Fact: Correct again. That's why they adopt ordinances addressing it.
5. I keep calling code enforement and always get voicemail never a call back .
Fact: There is a Code Enforcement office. Maybe you should go visit them. They are not picking on you. I can assure you your not the only non-compliant property in the City. They have a lot to deal with.
6. Advice needed.
Fact: Clean up the mess and your problems with the City will go away.
1. I do junk haulin ,scrap metal,yard work ,moving,and and had some scrap metal and a couple piles of stuff in my backyard.
Fact: You can't operate a business in a residential zoning. If your home is not your business location, then the stuff needs to go to the business location.
2. So city puts notice gives me 90 days to cleanup.
Fact: In my City a coutesy non-legal notice is given to the homeowner. If in 7 days no action is taken to abate the problem, or we have not been contacted by the homeowner with some sort of game plan for cleanup, we have the right to post a 10 day notice on the property, and send a certified letter to the homeowner. Again if after 10 days no action is taken to abate the the problem , the City will enter the property and clean it. A lien is then filed on the property for the cost of abatement (not cheap). 17 days and we are done, and you can't pay your taxes until the lien is paid.
3. I know this is my own fault.
Fact: You are absolutely correct.
4. Geeze its just trash.
Fact: Correct again. That's why they adopt ordinances addressing it.
5. I keep calling code enforement and always get voicemail never a call back .
Fact: There is a Code Enforcement office. Maybe you should go visit them. They are not picking on you. I can assure you your not the only non-compliant property in the City. They have a lot to deal with.
6. Advice needed.
Fact: Clean up the mess and your problems with the City will go away.
