erikgreen
Captain
- Joined
- Jan 8, 2007
- Messages
- 3,105
Hey, folks;
I've been boating all summer so I haven't posted much, plus in the last three months or so I've been unable to do any boat work at all due to legal issues.
I've been fighting a battle with the City of Brooklyn Park, MN about my boats. Some of you may have heard of this town, it's where Jesse Ventura (later governor of MN) was Mayor 1991-1995. Currently I have my 22 foot Sea Ray that I've been working on rebuilding for 2 years, most of that time indoors in my attached garage. I also have a 28 foot Bayliner that I bought salvaged to get some parts off of and maybe refit for use or sale. Both are in my driveway. They're not the prettiest things in the world, but they're mine.
Relatively recently, the city has issued me citations for code violations. One of the major items they're trying to force me to change is that they interpret the city code to forbid what they call "repair services". The code section is this one:
Vocations and avocations in residential districts. (1) Repair services. Repair services are limited to those appliances or other goods small enough to be carried by one person. Motor and recreational vehicles and equipment and small engine repair are not permitted except for minor emergency repairs and minor maintenance to autos, non-commercial trucks, or recreational vehicles and equipment that are licensed to residents of the property, provided they can be completed within a 24-hour period or are conducted inside a garage or accessory structure and are in compliance with the City Code. Vehicle painting will not be permitted in residential districts.
In case anyone's interested in the full city code, it's online here:
If you read the above, the letter of the law is that no work that's not minor maintenance can be performed on any vehicle (cars, trucks, motorcycles, trailers, etc) recreational vehicle, recreational equipment (boats, snowmobiles, etc) or small engine (lawnmowers, rototillers, etc) within the city. Note that despite the title wording, it's not just for home businesses, they apply it to everyone, even people doing work on their own stuff.
Obviously, a lot of people do these things anyway. What Code Enforcement does is ignore anything they don't see... that is, unless someone reports a problem such as "excess noise" or "fumes" or whatever, they don't go looking for issues. Also, if they discover something while investigating something else, they cite that too.
So for 99 percent of the people in the city, including boat owners with smaller boats, garage mechanics, snowmobile owners, or anyone else doing anything on the list above in their garage, home, shed, or basement, they don't hear a thing about what they're doing, and they probably think it's not a problem. It's their home and their property after all, right?
It's if the city decides to take an interest in you that there's a problem. Also, one of your neighbors or anyone driving by can file a complaint with Code Enforcement. Don't think your neighbor's boat looks good? File a complaint. Don't like asians living next door doing their own car repairs? File a complaint. Don't approve of that single mom fixing her lawnmower herself? Complain. The Code Enforcement department has an "anti-retaliation" clause in their policy that forbids them to disclose the source of complaints. So feel free to harass anyone you like... the law is written so broadly that everyone is guilty of something, and the city will never tell them it was you.
It gets worse for me. The city took pictures of my boats, one of which is as mentioned salvage and has a crushed area in the bow (pictures are elsewhere here). The other one I molded a new upper hull and cap for and haven't finished painting yet since I've been avoiding doing anything the city can point out as a problem lately. Code Enforcement's view is that "they aren't functional boats" and therefore are a "nuisance" and must be stored inside or removed. Obviously the 28 footer can't go inside, even if I had my whole garage empty. The 22 can just barely fit, but I'd have to find somewhere to put 2/3 of my garage contents, and it can't be outside.
What the city is really saying in my opinion is "those aren't nice pretty boats, get rid of them". They choose to believe that any boat not currently operational is "junk" and therefore a nuisance. They point out that I can't legally repair them inside my garage or property anyway.
My point of view is that I'm a citizen of this country with a legal right (and perhaps basic human right) to pursue my hobbies. If the city wants to avoid problems with noise or pollution then they need to specifically write laws for that, not blanket ban all work. Also, if they're going to make a law, it should apply to everyone, not just the unlucky few who get reported or sold down the river. If they aren't going to apply the law to everyone equally, it shouldn't apply to anyone.
I'm in the middle of a hearing process to see if they'll back off. At this point it doesn't look like it. Although they have discretion in some things, they choose to interpret the city code literally and in the most restrictive fashion with me. So I don't expect much from the process, especially since the whole thing seems designed to avoid giving residents any chance to fight citations and fines.
As things stand now, I'm going to end up in state court arguing that the city's ordinance(s) are overly broad and criminalize all kinds of otherwise legal pursuits, and therefore should be invalid. I don't want to and can't afford a lawyer's time, but I don't have much of a choice. I can't go to conciliation (small claims) court since they can't issue injunctions to order this behavior stopped.
Since the city inspector also decided to walk around my yard and photograph everything he felt was infringing (from the grass length to the woodpile) without a search warrant, I may sue the city for violating my rights, too. Even after I pointed out the 4th amendment to them, they said they were complying with their rules. More money for lawyers.
I'd appreciate it if anyone reading this who can offer pointers to legal case law specific to cities and boats or repair services can send me a note. I'm considering polling boating interest groups like BoatUS for any help they can offer, they must have members in town.
Also, if any of you live in or know anyone who lives in Brooklyn Park MN and who works on boats, cars, small engines, snowmobiles, or any recreational equipment or vehicles on their property inside or out, have them at least read this and be warned.
FYI, I'm trying to work with our city council to get the law changed, but so far no real response. I'm thinking of setting up a web site detailing the exact laws as above and explaining to people what Code Enforcement can do if they get turned in. All the classic car enthusiasts, snowmobilers, motorcyclists, boat owners, and moped gang members in town should be given a chance to contact the city and express their feelings about being outlaws.
Comments and information/pointers welcome,
Erik
PS: Don't even get me started on their definition of "firewood"
I've been boating all summer so I haven't posted much, plus in the last three months or so I've been unable to do any boat work at all due to legal issues.
I've been fighting a battle with the City of Brooklyn Park, MN about my boats. Some of you may have heard of this town, it's where Jesse Ventura (later governor of MN) was Mayor 1991-1995. Currently I have my 22 foot Sea Ray that I've been working on rebuilding for 2 years, most of that time indoors in my attached garage. I also have a 28 foot Bayliner that I bought salvaged to get some parts off of and maybe refit for use or sale. Both are in my driveway. They're not the prettiest things in the world, but they're mine.
Relatively recently, the city has issued me citations for code violations. One of the major items they're trying to force me to change is that they interpret the city code to forbid what they call "repair services". The code section is this one:
Vocations and avocations in residential districts. (1) Repair services. Repair services are limited to those appliances or other goods small enough to be carried by one person. Motor and recreational vehicles and equipment and small engine repair are not permitted except for minor emergency repairs and minor maintenance to autos, non-commercial trucks, or recreational vehicles and equipment that are licensed to residents of the property, provided they can be completed within a 24-hour period or are conducted inside a garage or accessory structure and are in compliance with the City Code. Vehicle painting will not be permitted in residential districts.
In case anyone's interested in the full city code, it's online here:
If you read the above, the letter of the law is that no work that's not minor maintenance can be performed on any vehicle (cars, trucks, motorcycles, trailers, etc) recreational vehicle, recreational equipment (boats, snowmobiles, etc) or small engine (lawnmowers, rototillers, etc) within the city. Note that despite the title wording, it's not just for home businesses, they apply it to everyone, even people doing work on their own stuff.
Obviously, a lot of people do these things anyway. What Code Enforcement does is ignore anything they don't see... that is, unless someone reports a problem such as "excess noise" or "fumes" or whatever, they don't go looking for issues. Also, if they discover something while investigating something else, they cite that too.
So for 99 percent of the people in the city, including boat owners with smaller boats, garage mechanics, snowmobile owners, or anyone else doing anything on the list above in their garage, home, shed, or basement, they don't hear a thing about what they're doing, and they probably think it's not a problem. It's their home and their property after all, right?
It's if the city decides to take an interest in you that there's a problem. Also, one of your neighbors or anyone driving by can file a complaint with Code Enforcement. Don't think your neighbor's boat looks good? File a complaint. Don't like asians living next door doing their own car repairs? File a complaint. Don't approve of that single mom fixing her lawnmower herself? Complain. The Code Enforcement department has an "anti-retaliation" clause in their policy that forbids them to disclose the source of complaints. So feel free to harass anyone you like... the law is written so broadly that everyone is guilty of something, and the city will never tell them it was you.
It gets worse for me. The city took pictures of my boats, one of which is as mentioned salvage and has a crushed area in the bow (pictures are elsewhere here). The other one I molded a new upper hull and cap for and haven't finished painting yet since I've been avoiding doing anything the city can point out as a problem lately. Code Enforcement's view is that "they aren't functional boats" and therefore are a "nuisance" and must be stored inside or removed. Obviously the 28 footer can't go inside, even if I had my whole garage empty. The 22 can just barely fit, but I'd have to find somewhere to put 2/3 of my garage contents, and it can't be outside.
What the city is really saying in my opinion is "those aren't nice pretty boats, get rid of them". They choose to believe that any boat not currently operational is "junk" and therefore a nuisance. They point out that I can't legally repair them inside my garage or property anyway.
My point of view is that I'm a citizen of this country with a legal right (and perhaps basic human right) to pursue my hobbies. If the city wants to avoid problems with noise or pollution then they need to specifically write laws for that, not blanket ban all work. Also, if they're going to make a law, it should apply to everyone, not just the unlucky few who get reported or sold down the river. If they aren't going to apply the law to everyone equally, it shouldn't apply to anyone.
I'm in the middle of a hearing process to see if they'll back off. At this point it doesn't look like it. Although they have discretion in some things, they choose to interpret the city code literally and in the most restrictive fashion with me. So I don't expect much from the process, especially since the whole thing seems designed to avoid giving residents any chance to fight citations and fines.
As things stand now, I'm going to end up in state court arguing that the city's ordinance(s) are overly broad and criminalize all kinds of otherwise legal pursuits, and therefore should be invalid. I don't want to and can't afford a lawyer's time, but I don't have much of a choice. I can't go to conciliation (small claims) court since they can't issue injunctions to order this behavior stopped.
Since the city inspector also decided to walk around my yard and photograph everything he felt was infringing (from the grass length to the woodpile) without a search warrant, I may sue the city for violating my rights, too. Even after I pointed out the 4th amendment to them, they said they were complying with their rules. More money for lawyers.
I'd appreciate it if anyone reading this who can offer pointers to legal case law specific to cities and boats or repair services can send me a note. I'm considering polling boating interest groups like BoatUS for any help they can offer, they must have members in town.
Also, if any of you live in or know anyone who lives in Brooklyn Park MN and who works on boats, cars, small engines, snowmobiles, or any recreational equipment or vehicles on their property inside or out, have them at least read this and be warned.
FYI, I'm trying to work with our city council to get the law changed, but so far no real response. I'm thinking of setting up a web site detailing the exact laws as above and explaining to people what Code Enforcement can do if they get turned in. All the classic car enthusiasts, snowmobilers, motorcyclists, boat owners, and moped gang members in town should be given a chance to contact the city and express their feelings about being outlaws.
Comments and information/pointers welcome,
Erik
PS: Don't even get me started on their definition of "firewood"
) is a moot point (IMO) and maybe pople don't view the oil change, or one-weekend transmission swap, as a reportable offense.