Legal Question in Civil Litigation in California
Neighbors in violation of county ordinance and zoning ordinance threatens to sue
We have filed complaints with our local sheriff office regarding property line neighbors in violation of county ordinance and zoning laws. Our neighbor was in violation of auto dismantling and used car sales on an ag zoned property. For the last 14 months we have had to view anywhere from 4 to 25 cars dismantled or just parked. We have tolerated motors being reved at all hours of the night. We have been video taping and photographing these happenings for the last two months from our view and our neighbor on the other side of his property's view (with permission). The neighbor had some warning and hauled off 6 of the 11 cars he had on his property for sale and or dismantling purposes. When the sheriff came back to me he said they had obtained an attorney for a law suit against me. My question is, can this guy actually sue me? Also can I counter sue for his decreasing my property value for the past 14 months prior to his clean up and removal. He has also placed vehicles on his fence facing my property after I called the complaint in. I also have obtained the ads in our paper where he is selling autos and parting them out with his home phone number listed.
2 Answers from Attorneys
Re: Neighbors in violation of county ordinance and zoning ordinance threatens to
Can you be sued? Violation of privacy wouldn't work if you were off of the plaintiff's property and did not use view enhancing equipment. Filing false police reports requires malice. Can you sue the neighbor? Yes as a nuisance for intereferring with your quite enjoyment of your property, you'd have to show damages for loss of valure to your property. Was your property up for sale at the time? Please contact me directly at (619) 222-3504.
Re: Neighbors in violation of county ordinance and zoning ordinance threatens to
You should discuss this matter with your local zoning authority. They will be able to inform you whether or not the junk yard activity is a violation of current regulations, whether this particular operator is "grandfathered" and exempt from current regulations, and the local zoning authorities are usually eager to enforce zoning laws to protect quality of life in their districts. Disregard the deputy sheriff's statement; I doubt the sheriff would get involved in this to help you, and may even be a friend of the nuisance person. If you receive a letter from an attorney, then pay attention, and refer the matter to you homeowners insurance carrier, and consult with local counsel. If in fact the nuisance person is operating in violation of law, you will probably succeed in a civil action, but first see if your local government authorities - the zoning board, not the sheriff - will take care of the matter for you.
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