Busted by code enforcement

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74dusterDE

74dusterDE

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Newark, DE
Ok so I don't post a lot on this site but more or less look for information. I got a letter in the mail today saying my duster is in violation of not being tagged. It currently does run but have been working on it and am building a 360 for it. Has anyone else run into this and what do I say to the officer. Oh yeah btw the reason I didn't re register it was the exhaust crapped out and I wasn't going to spend the money to fix it when I had started on the 360 and would have to rebuild a new exhaust anyway. Any thoughts and ideas would be great. Thanks! Brett
 
Storage, car cover, tarp - keep prying, nosey eyes away. May not help you now, but in the future....could stick it on a car trailer that IS tagged, then they can go pound sand.
 
Ask what the enforcement action to be taken is. Had this happen to a friend of mine, the sheriff's deputy told my friend he was going to tow the car the next morning. I went to city hall to get the statute, and it said he had a month to move an inoperable vehicle. Never saw the deputy and we fixed his car the next week. A lot of law enforcement officers don't even know the laws they try to enforce.
 
This is why I'm so glad in live in Fl. I have 12 cars and trucks in the yard and 2 semi trailers full of parts. Only 4 tagged and insured. This sucks and i feel for you. More likely than not a neighbor called on you.
 
Yeah it hasn't been a problem for the last year or so. But I did find out that the vp of our home owners association got a bug up his rear and called on everyone in the neighborhood. There are about 5 or 6 classics plus a whole load of boats in the neighborhood. The only good thing is our hoa meeting is in two weeks and they are voting on people in the hoa it may get ugly
 
LocuMob said:
Ask what the enforcement action to be taken is. Had this happen to a friend of mine, the sheriff's deputy told my friend he was going to tow the car the next morning. I went to city hall to get the statute, and it said he had a month to move an inoperable vehicle. Never saw the deputy and we fixed his car the next week. A lot of law enforcement officers don't even know the laws they try to enforce.
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It has to be registered by April 29th or its a fine. Oh yeah that's 4 days before I get married. Also if they want they can fine you 50 a day after the date it has to be registered
 
A lot of places 'crack down' on unlicensed and inoperable vehicles. There should be a city code that has been written that states specifically what their regulations are.

Last year local law enforcement attempted to cite me. Even though the vehicles that I had here were kept clean and in good repair I didn't have the plates on all of them. (I had removed the license plates from two of them that I had taken to the car shows.) The cars were located on the extra lot I own behind my house. My '72 Duster and the funnycar are both race cars so I did not have those tagged.

I asked for a copy of the city statute. They brought me a copy of it later that day.

As it turns out there was a provision here for race vehicles that was written in it that exempted them from the statute. And as long as I put the plates back on the other cars I would be OK.

The stated fines here were pretty steep. They could fine us $100 per vehicle per day that the cars remained. But it is important to read the statute. In some cases you are only in violation if the vehicle has NOT moved for over 60 days. Some guys get around that of course by moving their cars every so often.

View attachment 32.JPG

Some municipalities will impound your vehicles too.

All of these things are contributing factors as to why I'm fixing up our old farm yard. - Can't wait to get moved back out there! There are a lot less restrictions out there than in town. Currently I store any unlicensed vehicles I have at my farm.
 
This is just why I would never purchase a home with an HOA. I get it. Some people wish to live in a neighborhood that is all prim and proper, and have a right to do so. That is the reason for an HOA. My house is over 100 years old, and I hate it, but the detached garage is old, and not in good shape. I would love to tear it down, and build a new one, but it is grandfathered in, and if I tear it down, because of zoning rules, I cannot rebuild it. Someone built a new house on a vacant lot right next to me, and immediately started griping about my old shop. I asked them if they didn't notice it when they bought the place. After all, it was sitting there all the time.
 
Who? Home owners association fines you or the city?
Your association has rules and so does the city and state. You have to follow all of them obviously. Part of living.
Learn what you can and cannot do by researching your ordinances and laws. Then go talk to the hoa rep.
Maybe someone from living in your community will get on here and fill out the details of having a non functional non licensed car in your driveway, which would save you from looking it up.
In ca we have to non operational status file with the dmv if the cars are not insured licensed and driven.
Appearance is more city and hoa regs.
 
1967 'cuda said:
A lot of places 'crack down' on unlicensed and inoperable vehicles. There should be a city code that has been written that states specifically what their regulations are.

Last year local law enforcement attempted to cite me. Even though the vehicles that I had here were kept clean and in good repair I didn't have the plates on all of them. (I had removed the license plates from two of them that I had taken to the car shows.) The cars were located on the extra lot I own behind my house. My '72 Duster and the funnycar are both race cars so I did not have those tagged.

I asked for a copy of the city statute. They brought me a copy of it later that day.

As it turns out there was a provision here for race vehicles that was written in it that exempted them from the statute. And as long as I put the plates back on the other cars I would be OK.

The stated fines here were pretty steep. They could fine us $100 per vehicle per day that the cars remained. But it is important to read the statute. In some cases you are only in violation if the vehicle has NOT moved for over 60 days. Some guys get around that of course by moving their cars every so often.

View attachment 1714714442

Some municipalities will impound your vehicles too.

All of these things are contributing factors as to why I'm fixing up our old farm yard. - Can't wait to get moved back out there! There are a lot less restrictions out there than in town. Currently I store any unlicensed vehicles I have at my farm.
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Whereabouts are you in Nebraska? I'm in the country, so I can't be much help. I left town because I had to have my cars in the garage in order to not license them. Nebraska doesn't care how many you have, or if you license them. They just don't want to see them, referring to enclosed storage, if you are in the city. Poor sports! I wish the best for the OP here.
 
In lots of place CE is not allowed to enter your property lines to investigate an issue unless you invite them... um that's not happening. If your car doesn't have a front plate on it, how was the tag number obtained to see if it was registered, etc.
 
oldmopardude said:
Whereabouts are you in Nebraska? I'm in the country, so I can't be much help. I left town because I had to have my cars in the garage in order to not license them. Nebraska doesn't care how many you have, or if you license them. They just don't want to see them, referring to enclosed storage, if you are in the city. Poor sports! I wish the best for the OP here.
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I'm about an hour west of you in David City.
 
crackedback said:
In lots of place CE is not allowed to enter your property lines to investigate an issue unless you invite them... um that's not happening. If your car doesn't have a front plate on it, how was the tag number obtained to see if it was registered, etc.
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LOL!!! A friend of mine heard my vehicle info being broadcast on his police scanner. They had the VIN numbers and all. (including my Duster's that's never been registered) When the police showed up they pretended to ONLY have the info that they could see from the road.
 
74dusterDE said:
It has to be registered by April 29th or its a fine. Oh yeah that's 4 days before I get married. Also if they want they can fine you 50 a day after the date it has to be registered
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Welcome to living in such an environment.

I personally would never live in an HOA. Many townships also have blight ordinances that prohibit you from having unregistered vehicles.. Most of the time they won't bother you until someone complains.

You could insure and register it, but it might not do any good because of the HOA.
 
What a bunch of chumps. They obviously have been on your property without your knowledge, If the Duster has never been registered. They can run a name and get every car, but not a car that they can't trace to you.
 
Did not read all the posts so if this has been mentioned sorry for repeating. Is your back yard fenced? If so, is it a privacy fence? When I lived in AZ if it the car is in a fenced in back yard nothing can be said....
 
I don't understand how anyone who enjoys outdoor activities such as cars, trucks, boats, atvs etc could willingly move to an HOA-controlled neighborhood.

I don't live in an HOA, but I do live in a nice neighborhood inside the city limits here in Huntsville. Supposedly there is code enforcement, but there's a house down the street that burned in Nov. and it's still standing wide open.

I fully believe in keeping a yard looking acceptable, so I keep all my project things around back and keep that area also neat. The one time I had to put a car on ramps out front for a few days, I got some crap from my landlord the next time I dropped the check off.

We had a raging debate a few years ago in a neighboring county about "home rule", which basically is code enforcement in the rural areas.

When the code officer started making visits to these junk hoarder properties, the owners hit the ceiling and claimed they were being singled out. of course they were being singled out because they had weed-grown yards, old boats full of water, the list goes on. The county officials finally caved and abolished home rule.
 
Across from my house in town the neighbors have an old bathtub in their front yard. They have used it as part of a decorative lawn planter display. I don't mind it. It doesn't look bad. But it's not exactly my cup of tea.

After law enforcement had shown up to talk to me about my vehicles I was prepared to take drastic measures if they made me get rid of them. I was going to look for the scuzziest toilet I could find and set it up facing the street with a flower stuck in it along with a sign pointing out that I was now in compliance with the city regs.
 
inertia said:
With Google Earth,, anyone can look in your yard, all it takes is someone to complain...
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Rule in AZ where I lived, can't see it form the street it does not exist. Neighbor got cited for a pair of jet skis on a trailer. Talked to the code enforcer....had to move no less than once every two weeks. They had a 3 car driveway so they just moved it from spot to spot. Code enforcement was allowed, uninvited, onto your property. AZ is a no front plate state so folks in my old 'hood would back there cars in the driveway and put a cover on it. I caught the code guy in my neighbors driveway and snapped a picture of him. Called the cops, saying there was someone snooping around. Cops came, showed them the picture and explained to me that they have the right to do what he was doing.
Lot of folks believe that if you put up a No Trespassing sign this will keep the Process servers away....the folks serving legal docs....Spoke to a local attorney about it...They are technically "officers of the court" and the No Trespassing rules do not apply....least that is what I was told...
 
inkjunkie said:
Rule in AZ where I lived, can't see it form the street it does not exist. Neighbor got cited for a pair of jet skis on a trailer. Talked to the code enforcer....had to move no less than once every two weeks. They had a 3 car driveway so they just moved it from spot to spot. Code enforcement was allowed, uninvited, onto your property. AZ is a no front plate state so folks in my old 'hood would back there cars in the driveway and put a cover on it. I caught the code guy in my neighbors driveway and snapped a picture of him. Called the cops, saying there was someone snooping around. Cops came, showed them the picture and explained to me that they have the right to do what he was doing.
Lot of folks believe that if you put up a No Trespassing sign this will keep the Process servers away....the folks serving legal docs....Spoke to a local attorney about it...They are technically "officers of the court" and the No Trespassing rules do not apply....least that is what I was told...
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Same here. If they can't see it standing in the street, they can't cite you.

Google has a picture of my house from 3+ years ago. Still have the wrecked SUV in the driveway. Hasn't been here in 4 years.

My attitude. If you drive by the front of the house and it looks good... keep fricken driving. What I do in my backyard (that you can't see), my garage, bedroom, kitchen is none of your business. If I have a meth lab going, then you can investigate the origin of the odor, sans that... screw off! :)

Funny that the biggest complainer, nosy bastard in my neighborhood wanting to know what you are doing in your backyard, has the biggest issue with people being able to see into his yard. I'd like to seriously pound the hypocrite into a long hospital stay eating from a feeding tube. The guy has had death threats from others in the area. He's not well liked. I have cameras up to catch people if they come to the walls or enter the property lines. Luckily, I'm friendly with a couple of CE people.
 
crackedback said:
Same here. If they can't see it standing in the street, they can't cite you.

Google has a picture of my house from 3+ years ago. Still have the wrecked SUV in the driveway. Hasn't been here in 4 years.

My attitude. If you drive by the front of the house and it looks good...keep fricken driving. What I do in my backyard (that you can't see), my garage, bedroom, kitchen is none of your business. If I have a meth lab going, then you can investigate the origin of the odor, sans that... screw off! :)

Funny that the biggest complainer, nosy bastard in my neighborhood wanting to know what you are doing in your backyard, has the biggest issue with people being able to see into his yard. I'd like to seriously pound the hypocrite into a long hospital stay eating from a feeding tube. The guy has had death threats from others in the area. He's not well liked. I have cameras up to catch people if they come to the walls or enter the property lines. Luckily, I'm friendly with a couple of CE people.
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Yep....Before a certain "someone" comes along and tells me I am wrong about the process server....

RCW 9A.52.090
Criminal trespass — Defenses.


In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:

(1) A building involved in an offense under RCW 9A.52.070 was abandoned; or

(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain; or

(4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

[2011 c 336 § 374; 1986 c 219 § 2; 1975 1st ex.s. c 260 § 9A.52.090.]

The WA state law about Trespassing Defenses. Sure this "certain someone" is going to tell me how wrong I am with the the following....

We live in a broke ***, unincorporated county. There is .7 Sheriffs per thousand residents compared to the national average of 1.7 or what ever it is. Only real code enforcement we have is the building department. We have no animal control etc. so things are pretty much a free-for-all here. Am I saying the laws do not exist....NO!......just that they are not enforced. There is a 5 acre parcel not far from us that is fenced in....and was packed corner to corner with junker cars. Has been that way since 02....spoke to a Sheriff about it and was told there is not much law enforcement can do as there is no local laws about vehicles being licensed.....unless they are being driven. I just found out yesterday, from the Sheriffs dept., that we do not even have a noise ordinance.
 
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