How To Get Neighbor To Clean Up Items Dumped On Other Property
Jim J from the Excelsior asks: "My neighbour died. She was such a nice lady I miss her and I besides miss how she used to care for her grand. Her son inherited the place,he was never any practiced to her and was ever problem growing up. He hasn't gotten any improve with age. Since he moved in he has been "collecting things" mostly old cars but also tires, rims and other auto parts. He uses the garage to fix upwards old cars that he then sells. Near of the junk only stays there and rusts. Information technology's a scrap yard. Weeds are growing and I have seen rats running in and out. It's icky. What can I exercise nigh information technology?"
Dear Jim; you accept a right to expect that your neighbor will keep their property reasonably clean.The conditions yous referred to are commonly known as "blight" and San Francisco has an ordinance, chosen the Community Preservation and Blight Reduction Human action, contained within the S.F. Administrative Code (Sec. lxxx.ane), that codifies the responsibilities of a landowner to maintain their property.
The Board of Supervisors, in Section 80.2, determined that properties that are in a condition of pregnant deterioration or disrepair, attract vagrants, gang members and other criminal elements as prime locations to behave their illegal criminal activities, cause general deterioration and instability and substantially endanger the health and safety of residents of the blighted properties and of the surrounding neighborhoods. The Department of Public works is empowered to issue notices of violation and take action to remedy blighted properties under the doctrine of nuisance.
The presence of any accumulation of filth, garbage, decaying animal or vegetable affair, waste material paper, hay, grass, harbinger, weeds, vegetation overgrowth, litter, trash, cigarette or cigar butts, unsanitary debris, waste material material, animal or human excrement is a nuisance prohibited under police force. Also, "overgrown, dead or decayed trees, weeds or other vegetation, rank growth, rubbish, junk, garbage, litter, debris, flyers or circulars," are recognized as a fire hazards and atmospheric condition that promote the spread of vermin. As to the "fleck yard," Section 80.three specifically identifies any property which contains, in the outdoor area, any refrigerator, washing machine, sink, stove, heater, banality, tank or whatsoever other household equipment, mechanism, furniture, or item, appliance or appliances as being fated.
Whenever the Director of DPW determines that a belongings is fated, the Director may require or accept any necessary abatement or other enforcement actions to cause the holding blight to exist abated. The Director, or his appointee tin inspect the property and require the possessor to pay for a holding inspection fee of upwards to $250.00. Under Section 80.4 the DPW can issue an abatement order requiring the landowner to, every bit before long as possible, and no later than 15 days after notice of the violation although they tin apply for an extension. A person cited likewise can request a hearing challenging the commendation in front of an administrative law judge.
The Manager of Public Works tin file a observe of abatement against the title of a delinquent belongings possessor. If the owner fails to abate the nuisance the Director can club the DPW to practice so and so place a lien on the landowners property. A lien is a notice filed in the Canton Recorder'due south Office confronting the title that indicates a debt is owed to The City for the costs associated with the abatement. Upon sale or transfer of the belongings The Urban center must be paid in order to secure clear title.
So Jim, I advise that you contact the DPW either past dialing 311, or by going to the sf311.org website searching "bane," and request that they come out and inspect the belongings. Hopefully they will do so, serve a citation, and cause the neighbor to abate the nuisance. In case the DPW fails to take activity, yous, equally an possessor afflicted by the bane, can asking an injunction in the Superior Court. An injunction is an club by the court that someone either stop doing something they are doing, or an order compelling them to practise something.
By attorney Christopher B. Dolan , owner of the Dolan Law Business firm . Email Chris questions and topics for future articles to help@dolanlawfirm.com
We serve clients beyond the San Francisco Bay Expanse and California from our offices in San Francisco and Oakland. Our work is no recovery, no gratuitous or likewise referred to as contingency-based. That ways we collect no fee unless we obtain money for your damages and injuries.
Source: https://dolanlawfirm.com/2017/09/trashy-neighbors-law/
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