City outlawed me owning boats or working on them (MN, USA)

jkust

Rear Admiral
Joined
Aug 2, 2008
Messages
4,942
Re: City outlawed me owning boats or working on them (MN, USA)

, and public embarrassment for the city. Erik

I'm not alltogether certain you could embarass the City of Brooklyn Park any more than it already is. It has been an embarassment for years already and it has some of the highest property taxes around to pay for all the social programs. Lots of people built in BP during the boom, ignoring the fact you can get out of the high crime area but still have to go to the high crime schools however, although you may have saved a couple hundred grand over living in Maple grove on the purchase cost, you will pay the house off at some point in Maple Grove but the BP property taxes never end.

I can only imagine the wrath you would bring down on yourself if you even had one of those items in your yard here in Maple Grove. One neighbor built a shed and was promptly sued in my neighborhood.
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

StevNimrod, thanks for the input.

Keep in mind that if this case gets to a real court (as opposed to the "informal" hearings the city likes to hold) it'll be a lawyer representing me, and I'll probably have to pay him handsomely for his services. I'd expect him to know his way around the courtroom, since I won't be employing someone fresh out of law school.

With regard to the AG's office, I've already talked with them and they have assured me of their interest whether or not my particular case gets resolved by hearing. Whether or not I ask them to go forward with me depends on whether the city manager does any corrective work on his own.

The ACLU and the MN institute for justice are interested at this point but they want things to play out so the case is "ripe" for intervention. I'm keeping them informed of outcomes.

With regard to reporting anything to the public and facts... I'm pretty familiar with liability, and I can say what I need to say without lying. Facts can be spun and presented to imply anyway, I'm sure you know.

The question of pragmatism vs. idealism is an old one... I decided some time ago that I was going to carry this through as far as needed, until I get the problem taken care of (the problem at this point is the behavior of the city inspectors + the bad law). It'll be more expensive than being pragmatic/making a deal, but I already tried dealing a few years ago, and all it bought me was a delay and increased fines this time around.

If the judge in a hypothetical court case could say "well, it looks commercial" after I've referred them to the (lack of) definition of commercial in the city's code, then they'd better be prepared to change their opinion after receiving a well reasoned logical argument or to be overturned. Per my legal resources, this is an easy one... judges know their jobs, they won't generally substitute common sense assessments for legal definitions, if only because it's more work.

I'm not sure you've noticed, but I've been avoiding the trespassing issue so far, mostly because I'm still trying to operate "in good faith". If I file a trespassing complaint, it will be as a prelude to a case with the AG for violation of public corruption laws, not simply a means to put pressure on the city. That's their tactic, not mine. Other than that I'd probably only mention it in a real court to get evidence following from it tossed (or attempt to).

I've never used a lawsuit as a threat, although I have implied it here (I do tend to vent here, a little). Rather, I've let the city and its attorney know in the most logical terms possible that I'm being forced into a situation where I will be left little recourse but to seek remedy in a courtroom outside the city's hearing system (hey, what can I do?). I told them in so many words that I was letting them know since they might wish to review their legal standing before we get to that point. That was what caused them to review the inspector's citations, and led to the reduction in items to deal with I now have.

Thanks,
Erik

PS: Got a letter from the city, the hearing is rescheduled to the 16th, no reason given. Probably just scheduling issues.
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

I'm not alltogether certain you could embarass the City of Brooklyn Park any more than it already is.

In this case "embarrass the city" can be translated as "publish true yet potentially inflammatory information causing the general public to make the lives of the incumbent city council and administration difficult without incurring any legal liability on my part in the city".

Unfortunately, the first step in getting the public involved in their own government is often to get them angry about the status quo. Letting all the garage mechanics in the city know they're breaking the law would probably get them to at least contact their council members, and get the city council to break away from their discussions on whether chickens should be allowed in town.

Erik
 

StevNimrod

Petty Officer 1st Class
Joined
Dec 13, 2008
Messages
343
Re: City outlawed me owning boats or working on them (MN, USA)

Your level of preparedness will go a long way if this sees actual court. Keep in mind that the other side will typically have a docket large enough that they simply don't have the resources to devote a bunch of time to your case (given the set of facts and issues). You may find, in certain instances, that they just read through your file again the morning before a hearing. Asking pointed questions will reveal this; judges don't like unprepared lawyers.

In terms of representation, that's a personal decision. Generally a good idea, but there is no law requiring it.

Entirely unrelated: here is what you should know about writing a brief. This is how it's done at the highest level.
 

Kiwi Phil

Commander
Joined
Jun 23, 2003
Messages
2,182
Re: City outlawed me owning boats or working on them (MN, USA)

Erik. I have just read your statement,

"The question of pragmatism vs. idealism is an old one... I decided some time ago that I was going to carry this through as far as needed, until I get the problem taken care of (the problem at this point is the behavior of the city inspectors + the bad law). It'll be more expensive than being pragmatic/making a deal, but I already tried dealing a few years ago, and all it bought me was a delay and increased fines this time around."

I had completely missed this point previously, so I wish to ask a bit of a pointed question = for just how many years have you been complaining to City Authorities.

You are not a serial offender are you? You do seem pretty experienced in this area.

Do you ever consider your neighbours rights and position, because that is what it is all about?

I will bet you the city inspectors behaviour is 'perfect'.

I can't quite work out your interpretation of 'the bad law'. To me it is the sort of law I demand as a resident.

Another point, I note the date-times of your recent posts. Are you working on this issue full time?
I ask as you must be devoting a lot of time to this when I see the length and content of your posts. You seem pretty professional and committed to me.

In my simple mind, it sort of begs the question - why don't you just tidy the place up like they ask. There is so little to that list, and it seem pretty reasonable to me. It would take probably half day and you could get on with enjoying your recreation, and avoid all the fines, and hassels you have, and I am sure your neighbours will thank you for it.

If this is not an option, then why don't you tackle the system head on. Send out 500 flyers to all the residents in your area, outlining the problems you are addressing and invite them all to a meeting in your street. When they all turn up, put your points forward and ask for direct support from them like sign a petition. Then you will have a case to put forward and your city authorities will definitely listen to you.

Cheers
Phillip
 

Tim Frank

Vice Admiral
Joined
Jul 29, 2008
Messages
5,346
Re: City outlawed me owning boats or working on them (MN, USA)

Delete
 
Last edited:

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

Erik. I have just read your statement,

"The question of pragmatism vs. idealism is an old one... I decided some time ago that I was going to carry this through as far as needed, until I get the problem taken care of (the problem at this point is the behavior of the city inspectors + the bad law). It'll be more expensive than being pragmatic/making a deal, but I already tried dealing a few years ago, and all it bought me was a delay and increased fines this time around."

I had completely missed this point previously, so I wish to ask a bit of a pointed question = for just how many years have you been complaining to City Authorities.

You are not a serial offender are you? You do seem pretty experienced in this area.

I'll give you short answers to these, since I'm pretty sure I've covered them before.

First, I've never complained to the city. However, I'm guessing you meant to ask how many times people have complained about me or my property. I honestly can't say, because without coercion the city won't reveal any information.

For the record, this is the second time the city has attempted to fine/cite me for issues in the last five years. I wouldn't consider that to be a serial offender's pattern myself.

Do you ever consider your neighbours rights and position, because that is what it is all about?
Always. If they have any valid issues, I deal with them right away, unreasonable or not. For example, if my neighbor was of the opinion that the color of my fence looked bad, I'd probably change it.

The issue here isn't that the neighbors are complaining about things they want fixed. The only issue anyone complained about was actually fixed before I even heard from the city. What we're going over now (myself and the city) are all the other items they decided to cite me for, the laundry list of stuff they used to try to pressure me to do what they want.

I will bet you the city inspectors behaviour is 'perfect'.
I'd take that bet, because it's not, except to the inspectors themselves. Unanimously, everyone else I've talked to from lawyers to layman agreed the inspectors are breaking laws. The question is whether they can or should be prosecuted, or sued civilly, or whether I should just let the city administration clean up the mess.

I can't quite work out your interpretation of 'the bad law'. To me it is the sort of law I demand as a resident.
If you demand that the city you live in exert control of what you and your neighbors do behind closed doors without anyone knowing or being bothered, I'm glad I don't live near you :)

Another point, I note the date-times of your recent posts. Are you working on this issue full time?
I ask as you must be devoting a lot of time to this when I see the length and content of your posts. You seem pretty professional and committed to me.
Thanks. I'm working full time at my regular job, but since I'm salaried my work schedule varies according to when the work needs doing. I can fit a lot of research and thought in between actual work, especially since I must take one 15 minute break every four hours plus a lunch break every 8. Also, I'm usually at my desk in front of a computer with a very high speed internet connection, plus full access to a university's research resources.

In my simple mind, it sort of begs the question - why don't you just tidy the place up like they ask. There is so little to that list, and it seem pretty reasonable to me. It would take probably half day and you could get on with enjoying your recreation, and avoid all the fines, and hassels you have, and I am sure your neighbours will thank you for it.
I think you're misunderstanding. As mentioned, I tried "just cleaning up" years ago, and it just bought me time. I'm not a permanent revenue source for the city, especially when they're inventing things to make me pay for.

Plus you may have missed the point, but the "bad law" I refer to won't be nullified by paying these fines. If I pay them, I still can't work on my boat, car, or lawnmower legally. Everyone else in town can, but they're not aware of the law. I could break the law, but that would show bad faith on my part. The fines I'm arguing and the bad law are related, but they're separate issues. Clearing the list won't fix the problem.

At this point, the issue isn't whether the list is reasonable, it's the fact that it's completely invented out of thin air. If I don't completely squash it, it'll get me A) doubled fines next time for "prior offenses" B) biased evaluation of any future "offenses" (just like you did, above) and C) It'll let the city continue on its illegal and unethical path, collecting money for specious violations from selected residents while ignoring everyone else (you can bet most city employees, cops, etc aren't going to get fined).

As mentioned above, my neighbors don't care about any of the things left on the list. They won't thank me, they didn't care about those items in the first place.

If this is not an option, then why don't you tackle the system head on. Send out 500 flyers to all the residents in your area, outlining the problems you are addressing and invite them all to a meeting in your street. When they all turn up, put your points forward and ask for direct support from them like sign a petition. Then you will have a case to put forward and your city authorities will definitely listen to you.

As discussed above, this is still an option. Right now I'm maintaining a strategy of "good faith" use of the existing system, broken though it is, because it prevents me being viewed as unreasonable by any future judge hearing this issue and because it encourages city employees not part of the offending department to listen to me.

Things may well get to the point where I'm advertising the problem and getting a mob or political action committee together. These things don't happen overnight though, and it's not always to the advantage of someone in my situation to take that approach, at least not right away.

Erik
 

jjacobs007

Lieutenant
Joined
Mar 10, 2009
Messages
1,257
Re: City outlawed me owning boats or working on them (MN, USA)

I feel the pain,is it going to be worth it? fight, fight, fight till the death.

You can also just work on something smaller,in garage and still enjoy yourself.

Its ok to have them there for a little while,but not yrs,fixem and clean it up.

I work on my boat at the campgrounds or storage,sucked at first, but now, kinda like a little vacation when i go now.lol, I do what ever it takes to keep my boats float and dont need anyone or state ruining that for me.
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

I feel the pain,is it going to be worth it? fight, fight, fight till the death.

You can also just work on something smaller,in garage and still enjoy yourself.

Well, I could work on something smaller, as long as it wasn't a car, boat, motorcycle, or anything with a small engine. You know, most of the fun stuff to work on :)

If I end up doing that, the best suggestion so far for a project is a pulse jet engine powered by propane :) Of course, that's after I finish the home foundry project.

I did find a loophole... technically if I build add-on components for my boat in my house (basement) then I'm not working on the boat, I just happen to be working on things that will eventually attach to the boat, but which could theoretically be used elsewhere. At least that'll let me get a console ready (which could also be a fiberglass pulpit for the local church), and some hatch covers (which could also function as picnic table tops for Minneapolis' less well funded schools) put together so if the law changes this spring I might still get on the water by the end of the season.

Is the pain worth it? The feeling that I'm standing up for what I feel is right is priceless. To me, having values or anything worth believing in is meaningless unless I walk the walk as well as talk the talk. So yeah, it's worth it, painful as it is.

Erik
 

foodfisher

Captain
Joined
Feb 18, 2009
Messages
3,756
Re: City outlawed me owning boats or working on them (MN, USA)

Don't know how to edit and repunctuate but your last paragraph made me a proud american again!
 
Last edited:

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

Just a quick update.... going to speak to the city council during the "open comments" section of their meeting tonight. Polishing up my smile and speaking skills. I have to be excruciatingly polite, or there's a chance they'll file my comments in the "crank" category.

Should be interesting, I'll let you all know how it goes. For the record, this is separate from the case with code enforcement, I'm trying to get the council to change the law forbidding all boat, car, and small engine work in city limits.

Erik
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

Actually, scratch that. I was just informed that tonight's meeting is superceded by a different meeting, for the economic development authority. So, next week then.

Erik
 

proshadetree

Lieutenant Commander
Joined
Jul 19, 2008
Messages
1,887
Re: City outlawed me owning boats or working on them (MN, USA)

Man I am so sorry to hear of this blight on society that you have to face. I hope they dont force you to get rid of your toys. Heck a man has to have toys to live.
 

Pauloski

Cadet
Joined
Dec 26, 2011
Messages
12
Re: City outlawed me owning boats or working on them (MN, USA)

Any updates ?? am watching with interest. I wish you the best of luck.
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

Quick update - I had the hearing last Thursday morning. It went fairly well, I think.

I let the city know the trailer was licensed... apparently they didn't see it listed under my name in the DMV computer. Probably it hasn't made it in there yet... you'd think they'd know how slow the DMV is, but they do live in their own little world.

So, trailer aside, all that was left on the list were the following items:

Engine hoist in the driveway: They claim it's commercial equipment, which is not allowed. I claim it meets the recreational equipment exception to the storage law, since I don't rent it and it's not for sale, and I use it only for my own fun. They offered no better explanation other than "we disagree".

Boat front portion leaning against the house: I explained this is a decoration which will be a fountain or other use in my upcoming backyard pond, which I finished excavations for last fall. They claim it's "junk" because it's not something other people usually put in their yards (I tried to get them to say "it's not normal" but they didn't). I explained that my taste may differ from other people, and that I don't find things like wire frame light up deer and shiny glass balls on posts attractive, myself. I noted that it's not attracting vermin or otherwise a health problem, and that most people can't see it anyway. They repeated their claim that it's "junk".

Brush pile behind garage: I cleaned this up partly, but it's almost impossible to get rid of yard waste, which this is, during the winter around here. I noted that it was in fact yard waste and not required to be removed, just reasonably hidden and not a nuisance. They claimed it was "debris" and was "a fire hazard". (I guess it could be, in the same sense my house is a fire hazard... it's mostly wood, and could theoretically burn if doused with an accelerant).

They had another citation point related to the boat trailer, but it was dropped because of the licensing thing. I agreed to send them the license plate number of the boat trailer to save time, since they were whining about not being able to walk up my driveway.

The hearing closed with the manager of the city department requesting that the hearing officer impose all stayed and potential fines on me.... total of about $1500 at this point. The hearing officer noted that he would render his decision by mail once he finished his review, which I took as good. Since I made the point that the city inspectors were quoting laws that they said justified their point of view, but which I noted did not apply to me, I think the hearing officer is going to look up the laws himself.

I'm still waiting on the result, and I'm not the only one.

I emailed the city manager and the member of the city council I've talked with about the hearing and the fact that I'm basically out of patience with the city. I asked what they were going to do about the inspectors' office, if anything. The manager replied back that he is waiting to hear the result of the hearing from the hearing officer to give me a complete answer.

I think the inspectors illustrated fairly well their attitude at the end... they aren't trying to do their jobs or be helpful, they're trying to "win" and show me I have to respect their authority, or I will feel their wrath, in the form of high fines.

All of the items under discussion in this hearing were not complaints from neighbors, and in fact the brush pile can't be seen from anywhere except inside my yard. The inspectors even missed it on their first visit. All the items on the list this time were inventions of the inspectors. Makes me glad I'm helping pay their salaries... not.

I'll post again when I have the results of the hearing and next steps. Tonight is the postponed city council meeting, so I'll write about that, too.

Erik
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

Okay, update time.

Yesterday I talked a bit with the city council. Actually, I had three minutes to make a short speech to them at the start of their meeting. I did that, saw a few heads nodding along, and gave them a handout explaining why the law banning boat, car, and small engine work was bad/redundant/etc. They'll "reply" during the same time period at next week's meeting. After which, I decide which way I want to go... maybe they'll fix it or allow permits or something, or maybe I'll have to raise public awareness and increase pressure on them to act.


I also got the decision from the last hearing. Unfortunately, it was a split. It feels exactly like the first hearing I had with the city years ago, where the hearing officer didn't know who was right and didn't have time to figure it out, so he split things down the middle and hoped no one was too unhappy (sometimes this is called a "wisdom of solomon" decision... I guess it's common among amateur mediators/judges in legal situations).

A summary is that he assessed fines of $400 for the hoist, boat part, and the brush pile. He stayed another $600 provided I fix the problems by March 1.

There were three major problems with this decision, apart from the fact that I disagree with the result. First, there's no explanation or reasoning. While a judge in most places in the US isn't required to provide his reasoning with his opinion, I feel like this one should have had something. Rather, what I got was a set of notes stating essentially what positions we took in the hearing, and a check mark in the "violation" box. I have requested the hearing officer supply his reasoning in written form, I'll see if I get anything.

The second problem is that he mandated "cooperation" on my part with the inspectors as a condition of the fines remaining stayed. Since cooperation in this sense means letting them onto my property to inspect, he's basically saying I have to let them search as they like or he'll fine me. I'm fairly certain that's beyond his authority to impose.

Third is the short date for compliance. He required me to fix things by March 1, but according to state law I have 60 days from his decision to appeal or to pay the fine. It may be a situation where I have to pay the fine and allow inspections and appeal later... I suppose the fine could be refunded, but I doubt the inspectors would "forget" anything they see in their inspection at that point.

In summary, the decision read very similarly to a citation from the inspectors... no explanations given, just "you're guilty" so pay the fines and shut up.

I've been keeping the city manager and council member I've worked with up to date on the case, so I forwarded them the result and asked what, if anything, they plan to do with that department. Waiting on their reply.

In the meantime, I'm off to the attorney's office again as soon as I can schedule things. Time to assess the situation and decide which way to go.

I'd almost pay the fine and forget things, except that I can't avoid doing so without "pleading guilty" which guarantees me higher fines the next time someone complains as well as undermining any future attempts to defend myself, and I'm sure the inspectors will continue to harass me with additional items. Not to mention that I just don't want them on my property.

Erik
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

Response from the city today on my questions about the decision: "The city attorney will e-mail you in the next couple of days"

Erik
 

erikgreen

Captain
Joined
Jan 8, 2007
Messages
3,105
Re: City outlawed me owning boats or working on them (MN, USA)

Okay, I got the response from the attorney... no clarity on the hearing officer's reasoning, just "it implies that he believed the city more than you" which I knew... silly me, thinking he'd actually refer to the law and produce a legal opinion rather than behaving like a mediator.

Still emailing back and forth with the city and their attorney trying to get the hearing officer to explain himself. I suspect he's just ruling the way his employer (the city) wants him to. I'm also hiring a lawyer for a case, so my posting rate here may drop off for a while if that happens. It doesn't make sense to discuss ongoing legal cases online.

I will post regarding my visits to the city council. Visit number 2 is tonight, to hear their response to last week's request. I don't expect much. I'm also considering getting time on their agenda to talk about my experience with the code enforcement and public health department... maybe I'm being optimistic again, but I think hearing about my whole experience may change their minds about how well their system works.

Erik
 

StevNimrod

Petty Officer 1st Class
Joined
Dec 13, 2008
Messages
343
Re: City outlawed me owning boats or working on them (MN, USA)

A few points of practical knowledge...

Of course you got no clarity. Did you really expect the city attorney to say, in writing, something that would be damning to the city's case at a trial? The city is likely not required to explain anything to you, so they won't. A judge can get it out of them in hearings and in the discovery process, but the interests of the city lawyer are exactly the opposite of yours. You may even have to go through a motion to compel to get it out of them, and the response then will foggy at best.

In theory, you ask questions and get pointed and meaningful answers. In practice, you ask questions and the response is either (1) we object to this request as being overly broad, unduly burdensome, etc., (2) we object to this request to the extent it calls for us to reach a legal conclusion, or (3) some other form of objection. This is how it works in practice. Discovery is routinely handled this way, and if you aren't prepared for it, this will drive you nuts.

Public speaking skill will come with experience, it isn't really something you can necessarily practice. What you can practice, however, is not making arguments where you paint yourself into a corner. This is where a lawyer will be helpful - let him do all the talking (that's what you're paying for) and he can navigate the minefield. As an example, in a recent post you mentioned not wanting to live in city that "exert control of what you and your neighbors do behind closed doors without anyone knowing or being bothered". This is a nice cozy American-sounding theory, but in practice the body of law is largely concerned with public policy. In fact, there are a ton of "good" laws that speak directly to what people do behind closed doors, and you don't want to be in the position of having to explain why you think it's a good idea for there to not be a be a law against some of the "bad" things people try to get away with doing because they do them in the privacy of their homes.

Point being, a lot of this is going to be a crap shoot, and in the city public policy is generally more compelling than individual policy all else being equal. In the country, I think the reverse is true, typically because you're neighbor's can't even see your house. To distill it further, the fundamental question is (as a professor once put to our class), "where does my right to p*ss intersect your right to swim in a clean pool?"

How you navigate this will largely be determined by who your judge ends up being. An experienced lawyer, depending on the judge, will tell you to cut your losses and settle or advise you that you got a good judge for the facts of your case. In the ideal world, you'd get the same results from judge to judge. In practice, one judge will be entertained by a spirited debate on what constitutes junk, the other 9 will see it as a desperate argument and go ballistic because you're wasting the court's time. Ideally it's a real debate, but probably better suited to law school where people are impressed by logic and cleverness. In practice, courts don't like being mired in the "minutia" (as it's often called).

You can tell a lot about the strength of your case based on how your lawyer sets up the fee structure. But given that you might be alleging some violation of constitutional law (and those drag on quite a while) it might be hard pressed to find someone seasoned to take it on contingency (which is generally one of the signs you've got a really good case). If you're paying by the hour it's a whole different ballgame, outside of having to deal with the issues of having your representation stringing things out because it's in their best financial interests to do so.
 

HANGEYE

Petty Officer 2nd Class
Joined
Dec 13, 2009
Messages
133
Re: City outlawed me owning boats or working on them (MN, USA)

I have read this thread from OP to present. All I can say is I am impressed with the tenacity of ericgreen and the wisdom of StevNimrod. If I ever find myself in a bind, I would want you guys in my corner. Fight the good fight and be proud.
 
Top