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Zoning, Doggie Day Cares and Potential Evictions

By Sara Goodwin

Real Estate Appraiser with Estimation Nation Corporation

October 09, 2007 09:44 AM

The following was written by a friend in need. I'm hoping that someone has some legal suggestions of what might be done. The only thing that I could think of is to ask for a police escort whenever he comes and goes from his own house. I'm unclear how the neighbor was so much more successful with the law than he was after months of trying to remedy this. As much as I love the idea of Doggie Daycares, I'm not sure that I would fair with one 10 feet from my bedroom especially if I kept odd hours. He has also witnessed the owners down the street with the dogs unsupervised for hours at a time. This in my book is unaccectable:

Back in January, a Doggy Day Care business moved in next door to me. I was immediately dealing with fairly constant barking and the smell of dog shit wafting over into my yard. It has been a problem ever since. Now, I am zoned CS (Commercial Storefront) and so are they. So, from a zoning standpoint, they can be there. However, there are also codes that are specific to animal businesses and I found out that they were in violation of these codes in many places.

Foremost, "an animal specific business cannot be located within 25 ft of a habitable residence. (they're closer) So I'm like COOL! I won't have to listen to or smell their shit anymore.

WRONG!!! The city won't enforce this code! Its THEIR code. They say its the county's responsibility So, I go to the County. Guess what??? You're right. (I know how smart you all are) The county says oh no no no... That's the City's problem.

So, after many rounds with many people, I get nowhere and have had to live with this annoyance. But I wasn't going down that easy. Not me. I know my rights! I would/could exercise my right as an American citizen to free speech! Any one that asked (and some that didn't) could hear all about what bad neighbors I had. After all, everything I said, I made sure was factual. I only bitched about noise and disrespect for me as a neighbor. I never said anything that wasn't 100% factual.

Cool, Right? Well sort of. I also recognized my rights as an American citizen to petition my government to enforce its own laws. I was going to (and did) report every single issue and violation I saw. After all, I had lots of free time now that I wasn't getting any sleep and its not only or right as Americans to expect that the law be enforced... (Yeah. Right.) but our responsibility!!!

So, when the Dog people cut down their Street Trees without a permit, I called the city forester. That's part of his job. Enforcing this. But guess what? Yeah, you're on it. NOTHING!

So I figured what the fuck. I'm giving up. But here's where it gets really good...

Yesterday, I get a knock on my door that wakes me. Its the Sheriff! Now when you live in the city and the sheriff comes a knockin... its for one thing. YOU'VE BEEN SERVED!!!

I really have no idea what this could be about and am promptly told I now have a "Stalking and Protection Order" out on me. WHAT??????????

I'm floored. I don't even recognize the name of the complainant until the Sheriff reads the address. Its my next door neighbor!

So, I'm like "okay. What does this mean exactly?" "Well", he says"You can't have any contact with him". I'm like, "I didn't have any to begin with." (not directly anyway)

The Sheriff leaves and I start reading. I mean, a judge... A smart person with alphabit soup after their name had to sign off on this. Right? What possible reason...

I started reading the allegations. OMG!!! Exaggerations, Lies, unsubstantiated statements throughout! Hell, I'd lock me up! If only the statements were true. But... they (you guessed it) weren't. Not even close!

So, I'm back to: "okay. What does this mean exactly?" Well, under "contact" (that thing I'm not supposed to have with him), it says "in the visual or physical presence of"

VISUAL - if he can see me, I go to jail and pay a fine of $50,000.00!!! Guess what, I can't leave my house without him SEEING me. he lives fifteen feet from me!!!

So, I have to move out of my house. MY HOME! Which I have owned for 17 years and I can't do the moving because he might SEE me.

So, where's the justice??? Anyone??? No one??? Yeah, that's what I thought too.

Any suggestions???

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Jennifer Monroe

Indigo Home Team powered by Compass - Charlotte, NC

Real Estate REALTOR®/Broker/Designer

I have no idea what someone can do about this, but it's horrible. Sounds like she really needs an attorney. Sad that we can't get any support!

Oct 09, 2007 05:05 PM

Michael Delp

Mortgage Pro - Telford, PA

I agree with Jennifer, you need an attorney. This is sooooo unbelievable! You didn't get the suggestion from me, but I think I would get a CD of dog whistles( you know the kind people can't hear) and blast them on my stereo. You may have to put up with barking for a few days, but maybe your neighbor won't get any sleep either.

Oct 10, 2007 02:52 AM

Sara Goodwin

Estimation Nation Corporation - Portland, OR

Portland, Oregon Appraiser

Thanks Jennifer and Michael -

I think he needs an attorney as well but I think unless he can find one 'pro bone-o' (get it? 'bone-o'), he won't be able to afford the fees...

The CD would be a great idea if it was a 24 hour daycare, but I don't think it is. This whole thing might have been completely avoided if a) the daycare workers were present all the time and b) they just wait another hour or so to let all the dogs out back rather than letting them out right when they get there in a hyper state.

In addition, he got a note from the (daycare) neighbor yesterday telling him that his tree limb was too close to the daycares roof.... but he's not allowed to confront the daycare folks. I told him that he could stand in his yard and attempt to shoot the branch away from the neighbors roof.

Oct 10, 2007 03:06 AM

Stella Barbour

NoVa Brokers LLC - Vienna, VA

Principal Broker, Serving Virginia and Maryland

I think they don't have a choice except to contact an attorney for advice. At the very least a consultation with an attorney that may be able to guide them in the right direction. Maybe they should call the media. There are probably other cases similar to this.

Oct 11, 2007 02:03 AM

Sara Goodwin

Estimation Nation Corporation - Portland, OR

Portland, Oregon Appraiser

Thanks, Stella -

I'm really baffled at how two neighbors can get so nasty with each other... must be a pretty tense situation over there.

Oct 11, 2007 03:35 AM

Sarah Nopp

South Sound, WA

What about taking all records of his complaints to the City Council and using his 3 minutes to ask for help and ask why the City isn't enforcing its own Codes. If he has has records of his complaints (he should be able to get those from the police) and records of any responses her recived, he should make copies for all the councilmembers and ask for their personal help. And put it on public record that his concerns have been ignored and now he is being retaliated against.
And he should prepare his statements to the City Council ahead of time and practice them so he comes off as cool & collected and not overly emotional, in charge.

And he should probably hire an attorney. He has been served with a restraining order. That could have serious consequences in all areas of his life, from finding an apartment to finding a job. It is a matter of public record. He needs an attorney.

Oct 11, 2007 08:45 AM

Sara Goodwin

Estimation Nation Corporation - Portland, OR

Portland, Oregon Appraiser

That's a good idea, Sarah - I will mention this to him.

Here are some specifics about the Permit Laws that are being ignored by the city (I'm only pasting the rules that are relevant to this situation):

13.05.015 Permit Required for Specified Animal Facility. - (Amended by Ord. No. 167649 and 168900, June 7, 1995.)

A. No person shall operate or maintain any specified animal facility unless a permit has first been obtained from the Director.

B. Applications for specified animal facility permits shall be made upon forms furnished by the Director, and shall be accompanied by payment of the required fee. Specified animal facility permits shall be valid from the date of issuance until such time a the Director determines by inspection that the facility is not being maintained in compliance with the issuance criteria. Applications for a specified animal facility permit shall be accompanied by adequate evidence, as determined by the Director, that the applicant has notified all of the property owners and residents within 200 feet of the property lines of the property on which the specified animal facility will be located.

2. The facility will not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health;

3. The facility will reasonably prevent the specified animal from roaming at large. When necessary for the protection of the public health and safety, the Director may require the specified animal be kept or confined in a secure enclosure so that the animal will not constitute a danger to human life or property;

7. The facility is located on the applicant's property so as to be at least 25 feet from any building used or capable of being used for human habitation, not including the applicant's own dwelling. Facilities for keeping bees, such as beehives or apiaries, shall be at least 25 feet from any public walkway, street or road, or any public building, park or recreation area, or any residential dwelling. Any public walkway, street, or road or any public building, park or recreation area, or any residential dwelling, other than that occupied by the applicant, that is less than 150 feet from the applicant beehives or apiaries shall be protected by a six foot hedgerow, partition, fence or similar enclosure around the beehive or apiary, installed on the applicant's property.

8. If applicable, the structure must comply with the City's building code and must be consistent with the requirements of any applicable zoning code, condition of approval of a land use decision or other land use regulation;

F. These provisions for specified animal control are intended to provide city-wide regulations for keeping specified animals within the City. However, due to the variety of animals covered by these regulations and the circumstances under which they may be kept, these regulations should be applied with flexibility. Variances provide flexibility for unusual situations, while maintaining control of specified animals in an urban setting. The Director should grant variances if the proposal meets the intended purpose of the regulation, while not complying with the strict literal requirements.

Oct 13, 2007 07:40 AM