Code officer and discrimination/harassment

Previous | Next
 rated by 0 users
Latest post Tue, Oct 4 2016 9:14 AM by ca19lawyer2. 8 replies.
  • Tue, Feb 28 2012 12:46 PM

    • therex10
      Consumer
    • Not Ranked
    • Joined on Thu, Dec 17 2009
    • PA
    • Posts 7

    Code officer and discrimination/harassment

    We need help. We have a code officer who keeps trying to fine us for numerous things but will not go after anyone else because our town has instructed him to fine us only since he covers 1/2 the state & doesn't have time to investigate all problems. Here is the issue.- the state requires a 4-6 foot fence around all pools as well as other pool & code laws. We needed to put a new liner in since ours was sliced by someone but we ordered the wrong size (we needed an expandable & didn't know it). By the time we got the new one it was too late into winter to put it in so we were fined $500. Our neighbors (who are related to the police) right across the street put in a pool 2 years ago and still do not have a fence up & have not been fined. In addition, 10 other pools in the area have not been fined for no fences.

    #2 We had to get rid of my father in laws jeep left to us when he died because the inspection expired & were fined for it. Neighbors have a small truck with inspection that expired Sep, 2011- sitting right by the road-as of end of Feb 2012 still no inspection and no fine. We wer told by the JP that if we didn't use a vehicle we 'had' to get rid of it even if it was properly inspected & registered?? but no one else does. he stated not to worry what anyone else is doing.

    #We had equipment outside & bought a small portable shed to put it in but the code officer would not allow us to put it up no matter where we tried. We offered alternate sites on our property & none were acceptable to him, one was on a cement pad of the torn down garage we had previously to no avail. He tried to say the 'cement' wouldn't hold it. He then fined us for the equipment being out because we had nowehere to put it.

    Our neighbor will not cut her grass & the town will do nothing about it. She says it is our property but they want to fine us. We had to pay twice to have it surveyed to prove it wasn't even ours & she still isn't getting fined. She always is trying to cause trouble because she told us she wanted her daughter to buy our house & move in instead of us.

    No matter what we try to do- we are not allowed to do it and feel we are being 'sorted' out & harassed because we threatened to go to the state-since then a few years ago-they have increased their arguing with us. The town & council are doing all types of illegal things but many we cannot prove - such as have more than 1 family member on council to have 2 votes, had the same person on 3 issues (council pres, fire chief & code officer were all the same person), rigging things in town to be fixed, not putting in sidewalks where they were supposed to, council members have code violations not fined for years,hiring relatives & friends (the secretary/treasurer is the mayor's daughter), etc. We do have photos of all the other code violations but no one we call will do anything about it. The code officer even called the police on us & had 3 cruisers at our house to give us a fine for the grass around the equipment (yes like that one!!) We called the state & numerous agencies who stated they didn't know what we could do about all this or who to call. The one policeman who harasses us pulled someone over for a ticket & stole their deer meat & got out of that!

    All the lawyers want a ton of money to take our case which we both had medical issues & lost our jobs.We are barely making ends meet & our daughter is very sick, getting booted out of the military (her only income) and we have been trying to help her pay her bills so she doesn't lose her car or apartment.

    We have went all over town & taken photos of numerous code violations, over 15 businesses plus at least 10 residential areas- even our own council & town are violating ordinances but no one is getting fined or has to fix anything but us. No matter what we try to do- they will not allow us to do it or they try to fine us. We asked for a copy of the ordinances & they showed us them in court but would not give them to us. We have no money for a lawyer & cannot find anyone to take our case without a retainer. We have no free legal services here for these types of issues & even if they covered it the list is over 2 years long for child support & other cases they do take. We have tried to find pro bono lawyers and cannot..

    Does anyone know of any agency (such as similar to the EEOC) who truly will do something about this- such as fine the town, put new people on council, etc? Are there any laws (even whistleblower on county government) we can cite they are violating by fining us & no one else? Are there any lawyers who like a good fight who won't require money down?

    We even threatened to go to the news agency but we felt if we did we would have no chance of getting new jobs & be deemed 'troublemakers'.

    We called one lawyer who said it would cost about $10,000 to fight them. He stated he believed we were being harassed but it always very hard to prove & many times you still don't win. He suggested we move but we can't afford to and we shouldn't be run out of town. We believe that if we had an attorney we could possibly do something

  • Tue, Feb 28 2012 1:10 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Code officer and discrimination/harassment

    As others have addressed --many forms of discrimination  are quite legal --and that includes selective enforcement of rules .It may be 100% distasteful  and unfair--but not illegal. Town can probably engage in a bit of a grudge match

    Unless you are being singled out because of some improper characteristic--such as  age, sex, race  -etc I'm not sure you have a strong set of cards .

    Now there may be such a thing as abuse of offical office but I simply don't know.  I've been there in PA when somebody put me on a short list to torment --there is no simple answer as to ones tormentors --unless you can hook say age, race, sex

    And even if you won $10,000 in lottery I'm not sure it would do much--unless you found one of the few attorneys in any county who delights in driving a nail into over reaching police, code and local officials--but around me thats big money stuff for say "police brutality" 

    May be cheaper to find a lower profile or move?



  • Tue, Feb 28 2012 1:15 PM In reply to

    Re: Code officer and discrimination/harassment

    I am really sorry for your issues.

    One of your many problems here is that if you are violating rules, just because others are doing it and getting away with it isn't really much of an excuse.

    Based on my reading this forum for quite a while, I have learned that alot of what is considered discrimination is not against the law.  There needs to be some law against what they are doing.  

    Most of your post seems to indicate they are enforcing rules on you, but ignoring others.  

    Others here may know better than I do on this, but I don't think that's anything illegal.  It's not fair to be sure.

    I wish you the best of luck!

     

  • Tue, Feb 28 2012 1:37 PM In reply to

    • kath21
      Consumer
    • Top 25 Contributor
    • Joined on Sat, Apr 18 2009
    • CA
    • Posts 4,451

    Re: Code officer and discrimination/harassment

    Unfortunately, "everybody else is doing it!" is not an excuse.  Your best recourse is to be scrupulously law-abiding when some seemingly corrupt officials (and their relatives/buddies) target you. 

    As the attorney said, it's diificult to prove and they can't expect much money out of it, so you must pay the expenses if you are so inclined.

  • Tue, Feb 28 2012 4:59 PM In reply to

    • therex10
      Consumer
    • Not Ranked
    • Joined on Thu, Dec 17 2009
    • PA
    • Posts 7

    Re: Code officer and discrimination/harassment

    Thanks everyone- that's what we thought. As stated we are trying to follow the rules i.e. all our vehicles are registered, insured & inspected, we cut grass weekly as long as the weather permits, etc but regarding the equipment - they will not allow us to put up the shed so we were actually trying to follow the rules-they just won't let us by refusing us what everyone else does. All our neighbors have put up sheds with no issues & they didn't even get permits!

    We even rented a storage area & pay $80 monthly for some of the equipment but all of it wouldn't fit. We tore down the old shed as many of our storms had torn it when we had a tree fall on our house but then they still will not allow us to put up another shed right where we had the prior one. We had several construction companies state there is nothing wrong with the cement pad we have there. I think they are just trying to make extra expenses for us for no reason.

  • Tue, Feb 28 2012 5:09 PM In reply to

    • therex10
      Consumer
    • Not Ranked
    • Joined on Thu, Dec 17 2009
    • PA
    • Posts 7

    Re: Code officer and discrimination/harassment

    Thanks again- I am sure they are violating some rules or rather ethics, morals or values somewhere with everything they are doing- I just can't prove it. And I realize I need to be able to. For instance- they filled our neighbors pool water at midnight so no one would 'see' since they are related to the police & didn't charge them the $500 rate, They ride the road in golf carts which is not legal here and basically do whatever they want, such as have poker runs & use county equipment for local entities to make themselves look good. My relative said to set up a video camera & capture it all on tape then send it to the news to see what they think about that -since video cameras don't lie. They actually did this to another couple below us who ended up moving. Made them sell their property to the city for a low fee because their house burned with no insurance & told them they had only 30 days to take care of it all.

  • Mon, Oct 3 2016 5:09 PM In reply to

    Re: Code officer and discrimination/harassment

    CODE ENFORCEMENT DICIPLINE:

    This is not legal advice, nor is it illegal advice, it is strictly a knee jerk reaction to your predicament and should only be viewed as my personal opinion and should not be mis-construed as advice of any kind, however since it is America you can choose what to do with any information were I am surley not requiring anyone to do anything one way or the other.  With that being said, something can always be done about anyting and everything and

    One thing that can be done when anyone is targeting you is to first put the legal system in a community to the test because once you do this you will be able to get a feel for what your fighting and how high up it goes atleast for your purposes.  

    File a civil suit against anyone who is operating Under Color of Law acting outside their authorized position in an abusive manner (ultra vires).  United States Code Section 42, 1983 authorizes anyone whose constitutonal rights are being or have been violated to bring an action in a court of law for any of the violations of constitutional proportion that have been so designaned by congress as actionable.  Two distinct and important things will happen,

    1). you will find out real quick if the legal system is proper or biast and

    2).  Weather you have a good cause.

    Either way after you will have some pretty good information on what to do next.

    After you do this a few times and you get a couple of good one's under your belt where you beat thier qualified immunity defense and their motions for summary judgement and the State declines to provide for the defense of your defendant's case because you have a good one against them and they have to come up with $30,000.00's or so out of their own pocket to pay for a lawyer to defend them and they have to spend 11 to 12 months answering for their abusive actions, they will think long and hard about ever messing with you again.  

    That is the only thing I have found that works, but it is not for the faint hearted or anyone with sensitive feelings cause the people you will be engaguing of for the most part devoid of that liability, but it is worth it to stop bullies who are really insecure and cowards but position themselves in places of uneven power and go about dealing people misery!

    I'm just sayin ya know!  

    Hit Em Fast, Hit Em Hard, And Hit Em Many Times, For A Long Long While and They Will Go Elsewear To Play Iffin They Still Wanna Play!

     

  • Mon, Oct 3 2016 6:09 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,453

    Re: Code officer and discrimination/harassment

    You realize that this thread is over 4 1/2 years old and the poster has not been following this since 2011 or 12?

  • Tue, Oct 4 2016 9:14 AM In reply to

    Re: Code officer and discrimination/harassment

    Any particular reason you thought resurrecting a FOUR AND A HALF YEAR OLD thread would be a useful thing to do?

Page 1 of 1 (9 items) | RSS

My Community

Community Membership New Users: Search Community