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#51 2008-08-11 10:40 am

Warin
Maple Leaf Wag
From: Canada
Registered: 2003-09-21
Posts: 2348

Re: Fined for having a bad looking yard

In defense of the city's appeal fee...

Most times there is an appeal fee charged in order to guarantee payment of the fine if the offender refuses to pay even after an appeal.  That is why most fees are equal to the amount of the fine.  it is also why the fee is generally refunded in the case of a successful appeal.

Doesnt mean you should have gotten the fine in the first place tho.  Your yard is pretty bedraggled, but at least you dont have a collection of dead cars and old appliances. smile


From what I can tell, either way, you're screwed. Bad people are punished by society's laws, and good people are punished by Murphy's Law.
-- George, Dead Like Me

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#52 2008-08-11 11:27 am

justine
Elitist Beer Lover
Moderator
From: Bay Area
Registered: 1999-12-23
Posts: 28197
Website

Re: Fined for having a bad looking yard

resedit wrote:

justine wrote:

The city fined her for blight. She's lucky they didn't send someone out to clean it up and then send her a bill.

Generally they have to give the resident opportunity to take care of it first,

Maybe they did?


Warin, you make a very good point about the appeal fee.


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#53 2008-08-12 6:23 pm

Orion
Master Mechanic
From: America's Dairyland
Registered: 2000-09-12
Posts: 2900

Re: Fined for having a bad looking yard

I still don't get why the neighbors should get to complain.  Its not their property, therefore they have no right to tell the owner what to do with it.  City folk just don't understand about property rights.  You are too used to being pushed and shoved by each other and the cities to know freedom.  As I said before, unless its a safety issue, keep to yourself and leave everyone else be.  Don't like the view?  Build a fence or plant some hedges.  Problem solved.


The farmer is the only man in our economy who buys everything at retail, sells everything at wholesale, and pays the freight both ways.   -John F. Kennedy

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#54 2008-08-12 7:28 pm

mrreet2001
Member
From: NW Ohio
Registered: 2005-05-25
Posts: 2656

Re: Fined for having a bad looking yard

Orion wrote:

I still don't get why the neighbors should get to complain.  Its not their property, therefore they have no right to tell the owner what to do with it.  City folk just don't understand about property rights.  You are too used to being pushed and shoved by each other and the cities to know freedom.  As I said before, unless its a safety issue, keep to yourself and leave everyone else be.  Don't like the view?  Build a fence or plant some hedges.  Problem solved.

You farm folk just don't understand how "real" life works.

Orion wrote:

Its not their property, therefore they have no right to tell the owner what to do with it.

I does however effect OUR property value.



Orion wrote:

Build a fence or plant some hedges.  Problem solved.

thats not always legal.

Farmers live in  there own world... I very much appreciate what you guys do... but all be damned if I would let you come into our community and tell us how to live. When you live in a town you have to obey the laws... end of story... every american has rights up until those rights are taken away by laws... which for whatever reason you don't understand. "Property Rights" don't allow you to do what ever the heck you feel like.


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#55 2008-08-12 7:50 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Fined for having a bad looking yard

Orion wrote:

I still don't get why the neighbors should get to complain.  Its not their property, therefore they have no right to tell the owner what to do with it.  City folk just don't understand about property rights.  You are too used to being pushed and shoved by each other and the cities to know freedom.  As I said before, unless its a safety issue, keep to yourself and leave everyone else be.  Don't like the view?  Build a fence or plant some hedges.  Problem solved.

Couldn't one inversely argue that if you don't want to deal with "city folk," move out to the country where no one else is around?

smile


I agree with you, for the most part.  But it's not difficult to see why this would bother your neighbors--it drives down property value.  Appropriate or not, most purchasers of property should be able to determine their responsibilities beforehand.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#56 2008-08-12 8:44 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 44680
Website

Re: Fined for having a bad looking yard

Note on rock gardens - they definitely add heat to a house, and quite a bit of it.
My front yard is primarily rock.


I think the obvious question everyone has is who takes loaded weapons into a Toys R Us? -- Jim Ferguson

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#57 2008-08-12 10:20 pm

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: Fined for having a bad looking yard

mrreet2001 wrote:

Orion wrote:

Its not their property, therefore they have no right to tell the owner what to do with it.

I does however effect OUR property value.

You have a choice whether you want to own property next to someone who uses their property in a way you don't like.

If you don't like what your neighbors do with their property, you can move.

mrreet2001 wrote:

but all be damned if I would let you come into our community and tell us how to live.

Restated: "You're violating my right to deny others their rights! cry"

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#58 2008-08-12 10:22 pm

Chickenhawk
Friends don't let friends hunt drunk
From: The bad air state
Registered: 2005-06-01
Posts: 4897

Re: Fined for having a bad looking yard

matt wrote:

mrreet2001 wrote:

Orion wrote:

Its not their property, therefore they have no right to tell the owner what to do with it.

I does however effect OUR property value.

You have a choice whether you want to own property next to someone who uses their property in a way you don't like.

If you don't like what your neighbors do with their property, you can move.

And if you were living there before them?

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#59 2008-08-12 10:24 pm

Tallgeese
Arugula-eating Elitist
From: Fake America
Registered: 2000-10-17
Posts: 30646

Re: Fined for having a bad looking yard

The laws agree with "city folk."
I still think Orion is right.
I grew up in the city, but my family and our neighborhood in general had a very "live and let live" attitude. The guy across the street had a manicured lawn but he didn't complain that my mother liked to let all the spring wildflowers grow and bloom.
And so on.
It was a very pleasant way to live.


He can even take his son with him into the shower, where the boy cannot help but notice that Dad has a penis
- Dr. James Dobson, on "preventing" homosexuality

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#60 2008-08-12 10:30 pm

Chickenhawk
Friends don't let friends hunt drunk
From: The bad air state
Registered: 2005-06-01
Posts: 4897

Re: Fined for having a bad looking yard

I'd say that if you want to live in a community where everybody is mandated to have upkept lawns, etc, live  somewhere with an HOA.

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#61 2008-08-12 10:35 pm

dvpierce
Negusa Negest
Moderator
From: Minneapolis, MN
Registered: 1999-08-30
Posts: 16888

Re: Fined for having a bad looking yard

Tallgeese wrote:

The laws agree with "city folk."
I still think Orion is right.
I grew up in the city, but my family and our neighborhood in general had a very "live and let live" attitude. The guy across the street had a manicured lawn but he didn't complain that my mother liked to let all the spring wildflowers grow and bloom.
And so on.
It was a very pleasant way to live.

You mean, it was pleasant to live around people who weren't smurfs? smile

It's sad to think that's not such an obvious concept anymore. sad


"Now commences the process of cutting off the head, which generally takes from an hour to an hour and a half by an expert workman with a sharp blade." -Reuben Delano, Wanderings and Adventures

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#62 2008-08-12 10:40 pm

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: Fined for having a bad looking yard

Chickenhawk wrote:

matt wrote:

mrreet2001 wrote:

I does however effect OUR property value.

You have a choice whether you want to own property next to someone who uses their property in a way you don't like.

If you don't like what your neighbors do with their property, you can move.

And if you were living there before them?

And nothing.

People don't have a right to not be offended or to not be annoyed. If you don't like what someone does with their property, you're the one with a problem, and the responsibility to solve said problem should be entirely yours.

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#63 2008-08-13 8:03 am

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Fined for having a bad looking yard

matt wrote:

People don't have a right to not be offended or to not be annoyed. If you don't like what someone does with their property, you're the one with a problem, and the responsibility to solve said problem should be entirely yours.

So there are no limits, then? 

Playing loud music all hours of the night, keeping livestock in the backyard, running a business that generates lots of visitors or traffic, parking as many inoperable cars on the law and in the street as will fit...all of this should be fair game in a residential neighborhood?  The local population should have no right to institute any sort of land use restrictions?

If what someone does "on their own property" has a real, measurable effect on those outside of that property....then how could one assert that their actions are confined to their property alone? 

You could trash the inside of your house, and it probably wouldn't affect your neighbors.  But trashing the outside would lower the property values in the neighborhood.  Having band practice in the garage at midnight would disrupt others with sounds not confined to your own property.  Raising pigs in the backyard would generate odors that would reach beyond the boundaries of the land you own.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#64 2008-08-13 9:57 am

user
Your plastic pal who's fun to be with
From: I'm not getting you down, am I
Registered: 2001-10-15
Posts: 14576

Re: Fined for having a bad looking yard

bratboy wrote:

Couldn't one inversely argue that if you don't want to deal with "city folk," move out to the country where no one else is around?

Sometimes the city moves to you (I just got annexed).


Aw, he's no fun, he fell right over.

Unless you become as little children, there's no way you will believe this crap.

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#65 2008-08-13 10:32 am

Antonio
Now with more cowbell!
From: San Francisco, CA
Registered: 2007-01-16
Posts: 520

Re: Fined for having a bad looking yard

Chickenhawk wrote:

I'd say that if you want to live in a community where everybody is mandated to have upkept lawns, etc, live  somewhere with an HOA.

Exactly. Become a communist, enjoy having everyone tell you when and how and what color to paint your house, how often you should mow and maintain your yard, what sorts of additions you can and can't add, give up most of the reasons you had for buying 'your' property and leave everyone else the hell alone.

I've never quite understood HOAs. It seems to me they're usually run by people with no real estate or managerial experience who are also likely to abuse their power if they don't like one or two of their fellow members. It's also like giving up a lot of the freedoms of having your own land and home.

bratboy wrote:

matt wrote:

People don't have a right to not be offended or to not be annoyed. If you don't like what someone does with their property, you're the one with a problem, and the responsibility to solve said problem should be entirely yours.

So there are no limits, then? 

Playing loud music all hours of the night, keeping livestock in the backyard, running a business that generates lots of visitors or traffic, parking as many inoperable cars on the law and in the street as will fit...all of this should be fair game in a residential neighborhood?  The local population should have no right to institute any sort of land use restrictions?

If what someone does "on their own property" has a real, measurable effect on those outside of that property....then how could one assert that their actions are confined to their property alone? 

You could trash the inside of your house, and it probably wouldn't affect your neighbors.  But trashing the outside would lower the property values in the neighborhood.  Having band practice in the garage at midnight would disrupt others with sounds not confined to your own property.  Raising pigs in the backyard would generate odors that would reach beyond the boundaries of the land you own.

I think that is already understood.  Those things have a more intrusive impact than the subject of the discussion already at hand. And I don't think lack of lawncare and a cinderblock or two constitutes as trashing the yard. Now, if he had, say, eight cinderblocks propping up two cars surrounded by oil stains and dead car batteries, then yeah, that would be bad.


“The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents.”
--HP Lovecraft, The Call Of Cthulhu

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#66 2008-08-13 10:33 am

dvpierce
Negusa Negest
Moderator
From: Minneapolis, MN
Registered: 1999-08-30
Posts: 16888

Re: Fined for having a bad looking yard

Antonio wrote:

Now, if he had, say, eight cinderblocks propping up two cars surrounded by oil stains and dead car batteries, then yeah, that would be bad.

Especially if you're on a well and the batteries are leaky.


"Now commences the process of cutting off the head, which generally takes from an hour to an hour and a half by an expert workman with a sharp blade." -Reuben Delano, Wanderings and Adventures

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#67 2008-08-13 11:08 am

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Fined for having a bad looking yard

Antonio wrote:

I think that is already understood.  Those things have a more intrusive impact than the subject of the discussion already at hand. And I don't think lack of lawncare and a cinderblock or two constitutes as trashing the yard. Now, if he had, say, eight cinderblocks propping up two cars surrounded by oil stains and dead car batteries, then yeah, that would be bad.

I'm guessing that you and I hold similar opinions here, but I doubt that Matt does.  I got the impression that his comments applied to situations beyond the yard in question.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#68 2008-08-13 12:30 pm

matt
Screw it
Registered: 1999-09-16
Posts: 16451
Website

Re: Fined for having a bad looking yard

bratboy wrote:

matt wrote:

People don't have a right to not be offended or to not be annoyed. If you don't like what someone does with their property, you're the one with a problem, and the responsibility to solve said problem should be entirely yours.

So there are no limits, then? 

Playing loud music all hours of the night, keeping livestock in the backyard, running a business that generates lots of visitors or traffic, parking as many inoperable cars on the law and in the street as will fit...all of this should be fair game in a residential neighborhood?  The local population should have no right to institute any sort of land use restrictions?

I agree with regulation only when it prevents what would be considered normal use of others' property.

I also agree with prohibiting disturbing the peace. If an animal is quiet and doesn't cause harm to surrounding property, or if the neighbors don't care, then I don't have a problem with that animal being kept. Albuquerque is a fairly-big city in terms of geography, and when it was founded in the 1700s, the city was only a small area near a river. Now that area is technically outside the city limits, but in actuality is the center of a metropolitan area. So there are people who do have cows and goats and sheep and ducks. And I don't have a problem with that.

The street is not private property, and I can understand restriction there as well.

If traffic on a street prevents people from using their own property, then I can understand imposing restrictions on a business causing those problems(like limiting the amount of traffic that can be generated down a particular street), but without that, I don't have a problem with a business being run from someone's home.

If something is an environmental hazard or health hazard, then those things should be restricted as well.

Any regulation should be written to prevent a property owner from preventing other property owners from using their own respective properties, rather than to prevent a property owner from using their own property in a way they see fit.

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#69 2008-08-13 12:44 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Fined for having a bad looking yard

I stand corrected.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#70 2008-08-13 1:53 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 44680
Website

Re: Fined for having a bad looking yard

You know - I'm not mister perfect yard myself.
When I have a few weeds, the wild Turkeys come and eat the weed seeds. The rabbits come and nibble. And I get a letter saying I have to clean them up.

It's harder for me because I refuse to use poison. So it's a lot of work when the weeds come.
But in all honesty - we already encroach on wild animal habitat so much, letting some wild plants grow from the wildlife I think is a good thing.

People put out bird feeders to attract the seed eating song birds, why not let some weeds grow to attract the other wildlife?

I rebuilt my flower bed last spring. I removed the old crappy clay dirt and replaced it with good soil.
The old crappy dirt is on a blue tarp, covered with another blue tarp.

I've been asked to remove it. I told them I was attempting to, but without a valid DL, it's difficult, I was going to schedule a time for dad to come up and rent a truck to haul it off.

They've been bugging me about it for months.

Here's the real deal. After I rebuilt the flower bed, I was going to call and have it hauled off - but then I saw the native lizards using it, and knew it was an ideal nesting ground. So I figured I'd let it stay until eggs hatched.

I was right - and a plethora of baby lizards have come out of it. In a week or two, when I'm sure any eggs laid in it have hatched, THEN I'll call and have it hauled away.

The lizards provide natural bug control, and they are pretty. Given it has been an extremely dry year - reproduction levels of lizards have been lower, but I have a plethora of them running around my yard now, because I happened to have a spot that I knew would be excellent for them to lay in - covered to keep humidity in and rain out, partial sun warming it in the morning, but shade by the time it gets really hot, etc.

It's too bad I can't just leave it there long term - but I really do think I've pushed my luck.


I think the obvious question everyone has is who takes loaded weapons into a Toys R Us? -- Jim Ferguson

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#71 2008-08-13 1:56 pm

Antonio
Now with more cowbell!
From: San Francisco, CA
Registered: 2007-01-16
Posts: 520

Re: Fined for having a bad looking yard

resedit wrote:

You know - I'm not mister perfect yard myself.
When I have a few weeds, the wild Turkeys come and eat the weed seeds. The rabbits come and nibble. And I get a letter saying I have to clean them up.

It's harder for me because I refuse to use poison. So it's a lot of work when the weeds come.
But in all honesty - we already encroach on wild animal habitat so much, letting some wild plants grow from the wildlife I think is a good thing.

People put out bird feeders to attract the seed eating song birds, why not let some weeds grow to attract the other wildlife?

I rebuilt my flower bed last spring. I removed the old crappy clay dirt and replaced it with good soil.
The old crappy dirt is on a blue tarp, covered with another blue tarp.

I've been asked to remove it. I told them I was attempting to, but without a valid DL, it's difficult, I was going to schedule a time for dad to come up and rent a truck to haul it off.

They've been bugging me about it for months.

Here's the real deal. After I rebuilt the flower bed, I was going to call and have it hauled off - but then I saw the native lizards using it, and knew it was an ideal nesting ground. So I figured I'd let it stay until eggs hatched.

I was right - and a plethora of baby lizards have come out of it. In a week or two, when I'm sure any eggs laid in it have hatched, THEN I'll call and have it hauled away.

The lizards provide natural bug control, and they are pretty. Given it has been an extremely dry year - reproduction levels of lizards have been lower, but I have a plethora of them running around my yard now, because I happened to have a spot that I knew would be excellent for them to lay in - covered to keep humidity in and rain out, partial sun warming it in the morning, but shade by the time it gets really hot, etc.

It's too bad I can't just leave it there long term - but I really do think I've pushed my luck.

Damn. That's almost the coolest thing I've read here.
Can you build something to hold the clay to turn it into a reusable nesting? Something similar to a worm farm, covered and contained?


“The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents.”
--HP Lovecraft, The Call Of Cthulhu

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#72 2008-08-13 1:58 pm

justine
Elitist Beer Lover
Moderator
From: Bay Area
Registered: 1999-12-23
Posts: 28197
Website

Re: Fined for having a bad looking yard

resedit wrote:

People put out bird feeders to attract the seed eating song birds,

I don't know how much truth there is to this, but i heard those were a bad thing. Birds don't do what they're suppose to when those feeders are out, or leave when they're suppose to.


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#73 2008-08-13 1:59 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 44680
Website

Re: Fined for having a bad looking yard

I'm thinking about doing that - build something at the same spot to hold dirt inside like a flowebed, but covered - maybe put a potted plant on top pretending it is some type of stand for a decoration.


I think the obvious question everyone has is who takes loaded weapons into a Toys R Us? -- Jim Ferguson

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#74 2008-08-13 2:08 pm

Antonio
Now with more cowbell!
From: San Francisco, CA
Registered: 2007-01-16
Posts: 520

Re: Fined for having a bad looking yard

How about just covering it with grass netting, planting some bushes or sunflowers (or any tall flower) around it and calling it a day? I would think that to be pretty effective.


“The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents.”
--HP Lovecraft, The Call Of Cthulhu

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#75 2008-08-13 2:26 pm

resedit
Chicken Little
Royal Wombat
From: /dev/null
Registered: 1999-11-01
Posts: 44680
Website

Re: Fined for having a bad looking yard

I would want easy access to it - as it may need adjustment from time to time (such as adding water in the spring, but not too much)
I might not do it though - there's a real risk of it becoming an ant farm.


I think the obvious question everyone has is who takes loaded weapons into a Toys R Us? -- Jim Ferguson

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