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zoning nightmare

8K views 27 replies 15 participants last post by  Hammack_Welding  
#1 · (Edited)
When I moved to town 21 years ago the code enforcement officer told me I could make the bungalo on the property of the house I was renting into a welding shop one day when I could afford it. It took me five years to save for a down payment to buy the property. Ten more I rented out the bungalo as a condition of holding the mortgage and I finally had enough equity to refinance and get some welding equipment. So, what happens? I go to apply to finally start the business and they say my block isn't zoned for light manufacturing anymore. Twenty years of living in a commercial zone and listening to the noise from all the nearby businesses and now when it's finally my turn at bat the rat bastards want to take it away from me. To make insult injury they hand me a bunch of papers for appealing the zoning decision. I'd have to give notorized notification to every homeowner for 200 yards and supply 15 copies of each to the council, put ads in the paper of my intent and pay a whole bunch of fees probably totaling about a thousand dollars for a few precious minutes of the town councils time before they ultimatly probably turn me down anyway.
Worse yet there has been rampant stealing of peoples properties here on the Jersey shore by the Government through eminent domain Rumor has it that our town is targeted. Mostly because they tripled everyones tax assesment 96% of the people who lived here five years ago have left. No new businesses have come to town in the last five years. Most existing businesses change hands every couple years and there are many storefronts that have sat empty for years. The only thing the town of Highlands has succeeded in recruiting is the bloods and cripts gangs thanks to their policy of buying up contracts to take in section eight housing recipients. People are getting murdered here now. Yesterday a guy a block away got caught with an AK47. I think that since towns are legally justified to seize houses through eminent domain in blighted areas that the town is actively orchestrating blight in part by using thier ability to strangle business through code enforcement (an obvious criminal conflict of interest the kelo decision addresses saying essentially that we have to trust our government not to act on this conflict of interest granted them). That's unAmerican. We have a saying here in America; "IN GOD WE TRUST". I think maybe those justices ought to be made to repeat that a few times so they don't forget it. That's why I feel my business was turned down and why it would be again if I appealed. Why would they nurture small business start ups that may take years to pay off like they did back when that was the only game in town when now they can sell your home out from under you for big giant pay offs and campaign contributions from developers?
So, I've been using my rejected business as a home business/storage for my mobile welding business for the last year and a half and now they want to shut that down (I got a ticket for having an illegal welding shop with no merchantile license) undoubtedly so they can force me out too.
It's all just so unfair, the Kelo decision the supreme court made destroyed the freedom and right to own property for the common man by throwing it to the mercy of the whims and corruptions of local government. Judges are instructed to respect peoples rights, if for no other reason then to ensure their own rights are respected. If the supreme court thinks revanue is more important than rights they should save government a buck by being made into lampshades for the city hall because nothing blights a free country more than those who would take that freedom away. If as they claim it were the intent of our forefathers to saddle us with a government based on blind trust, and the right to own property we've enjoyed for the last 200 years was just some kind of mistake then the revolution must have been a mistake too since that was just the kind of government we ejected. And if that's the case, well then I guess then it should be up to the queen of England to decide whether I should be allowed a welding shop.
HELP! how am I going to fight these bastards? Has anybody else here ran into this sort of B.S.? On the one hand I should probably just leave but that would give them their victory and that just ****es me off. On the other I've heard that in eminent domain settlements you get more if you have a business and I'd at least like to score that minor victory. Insight, ideas anyone?
 
Discussion starter · #7 · (Edited)
Thanks for all the advice guys although my head is kind of spinning, at least I have a bunch more intelligent questions to ask a lawyer. Too bad I don't really trust lawyers though. You see, the problem with lawyers is that their reluctantant to stand against the legal industry having too much power which is very much the root of the nightmare.
Denrep, I did ask for a business permit but I never appealed or asked for a variance. Yesterday, I went to court for this but it didn't get settled. The summons for no mechantile license and having an illegal welding shop was made out to my wife and all I succeeded in doing was getting him to write the summons out to me. He took me out into the hall and tried to settle the matter with me I guess by triing to scare me out of business. He said I had a sign for a welding shop and I said "No I didn't, I had a sign for a mobile welding business". He said it meant I welded at home and I said "No it didn't, I've seen signs for pool cleaning but that doesn't mean they take home the pool to clean it."
Currently I live across the street from a clam warehouse that has trucks idling all hours to keep their refrigeration units operating. The town gave me a list of approved businesses that welding wasn't on. Light manufacturing used to be on the list and according to some in town there is actually a couple lists and light manufacturing is on the other list that they hand to people who apply for permits for businesses on the list they handed me. That way apparently they can charge the giant variance application fee to more people.
I'm not really sure I follow you on the "Can I prove continuous use thing". Do you mean hobby or profesional? I've been welding on the property for twenty years but I only got a business license last year a month before I applied for the business permit. I don't have much proof I've been welding for years though (I have a few pictures from when I built a peddle powered helicopter for Red Bull Flugtag NYC 2003).
Smithboy,I don't recall any notice of a zoning changes but that's definately something I'll check into. As for the local government being the root of the problem I have to disagree. If it weren't for the supreme court illegaly legislating to redefine eminent domain as to include land redistribution in the Kelo decision our right to own property would be intact and local governments ability to stomp on our civil right to "aquire, enjoy, own and dispose of property" (American Jurisprudence 2d, civil rights defined) would not exist.
383bigblock + gshawr98,
These are just the kind of stories that make me think our government needs a major, major overhaul. It's tyranny approaching the 27 reasons laid out in the Declaration of Independance explaining our split from the crown. When I figure out how to deal with it I'll let you know.
Once again thanks all for the input.
 
Discussion starter · #13 ·
To clarify, I got a basic business license from the state but when I went for a use change permit from the town I got shot down. So, instead of a business I went for a home business. Now they say that's illegal so I have to claim to only work from my truck because that's apparently the only scraps I can get from the table. If that doesn't work I' try opening a combination Jiffy Lube/titty bar and call it Jiffy Boob.
 
Discussion starter · #15 · (Edited)
Round seven coming up later today.To recap:
Round one; Nov06' They made out ticket to my wife. I went to court and they told me to come back when they rewrote the ticket to me.
Round two; I went to court and they didn't get to me by the end of the session.
Round three; I declared I was fighting the ticket on constitutional grounds and they said I would have to come back so they could involve the borough attorney.
Round four; My face swelled up with a dental absess and the only appointment i could get to fix it was during court. I called up to cancel but they insisted I show up to see if they could bump me to the head of the line. They didn't.
Round five; I get tried. Judge says I may be victim of conlict of interest but doesn't care. Code inforcement officer says I live in residential area but I live in business district. Judge says bottom line is I live in residential neighborhood and can't do dangerous welding with dangerous acetyline. I don't have map, I lose, $100.00 fine and 30 dollars fee. No borough attorney present by the way.
Round six; I file appeal, $125.00 transcript fee, $75 dollar appeal fee. There's no new trial just a review of the transcript. Superior court judge says I was never sworn in, vacates judgement and sends case back to municipal judge for do over.
Round seven preveiw; This time their making me go to court two towns over, why I don't know. I'm bringing map and transcript. Will Bay Valley Ornimental Iron survive? Or will the bastards win? Stay tuned
 
Discussion starter · #23 ·
Round seven; Took the day off showed up bright and early and found out court was yesterday. DOH! Apparently I dislexed on the notice and eight was the month not the day, either that or the notice was wrong I don't know, I can't find it. Whatever, round eight is 8:30 a.m. August 21. My life in pergatory continues.
Phila renewal;
I never felt powerless and I am a member of the Castle Coalition against eminent domain abuse. Sometimes it might be the right thing to do is get in the judges face and tell him what a lawyer would be too butt licky to have the nerve to because things will never change if the powers at be don't know exactly how ****ed off we are about not having our rights not respected. I wish I had enough for a lawyer though. Last time I compared the situation to the twenty seven reasons given in the Declaration of Independence that took down the last government.
tapwelder;
I plan on lighting into them about equal protection undetr the law next time with regards to acetyline. I mean I'll give it up, if the prosecuter gives up gas in his car natural gas in his housepropane in is barbeque and butane in his lighter otherwise forget it.
Thanks to everybody for giving me more to think about.