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Old 12-21-2016, 04:44 AM   #1
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The city wants to tow my RV out of my driveway

What a mess I have with the city. The text below is what my wife and I sent to a local TV station in an attempt to get a resolution. The city is very stubborn and will not negotiate. It's as if the city is going to ruins because of my RV. The city has much more pressing issues other than my RV. My wife had to retire from a job she has had and loved for over 30 years due to disability, she is visually disabled. Our income was cut but we are not a charity case. We can afford to pay for the materials (and labor if necessary), I do as much of my own home repairs as I can, including fence installation, it just takes us time to get it done. I'm very frustrated.

Thank you for reading, Have a wonderful Christmas

We need your help getting “the Grinch” out of Mentor, Ohio!!!
Here’s the story:

The City of Mentor’s Law Director (Richard A Hennig, 440-210-5005) just sent us a notice, received today, that if our RV is not removed from our property by 12/23/2016, we will face a criminal complaint! Bah Humbug, right? He further told us that if we refused to move it, he could get a court order to have it towed!

We have tried in good faith to follow the process as we understood it and comply with the city’s ordinance 1173.12b(2) that does not allow a “recreational vehicle” to be in front of the structure’s setback. We did not even know of such an ordinance until July 2016 when we were first issued a citation. You see, we had parked other RVs on the property, in the same location for 8-10 years prior without ever having any trouble. But we found out about how to apply for a variance – and we did all that, presenting what we thought was a very comprehensive and factual document including several pictures asking for a variance to remain 9 feet in front of the garage. We were denied for “aesthetic” reasons even though most people don’t even see the RV when driving down our street.

We had been given alternatives to just moving the RV elsewhere. One of which is what we are in the process of doing. We park the RV back up to a fence. This fence doesn’t go back further because there Is a side door where we let in/out our dogs. The city wanted us to move the fence back, so we could then in turn move the RV back further. This could only work for us if we moved the side door and the fence. The side door is where we let our dogs (one of them is blind and deaf) in/out into a fenced area. The city didn’t think it was a hardship to have to take our dogs by leash out the side door, then get them through the new gate into the fenced area.

We were having some work done on our house anyway, so we had our contractor then include changing a window in the mudroom into a door (so there are now two side doors). This was the first step we took in complying with the setback rule. That work was finally finished in November. Even in warm November, it was still late to be pouring concrete for a new fence, so we winterized the RV and were going to pursue the fence move in the spring. We had not heard one word from the city except for the formal denial of our variance request back in August. We had no idea what the next steps would be and went about getting the new door put in. We didn’t know anything about an Appeal process – the variance denial letter came a month later and that is where the city attached information about an Appeal process which is only within 10 days of the zoning board’s decision!!! Too late for us to do anything! So, we contracted to put the new door in.

Bottomline, we are hoping you might intervene on our behalf – and at least contact the city to ask them to give us 6 months to fully comply. We told the Law Director we put in the door and need to wait to spring now to move the fence, but all he did was threaten us to have the RV towed away


Please help, this is such a minor matter compared to all the issues plaguing the city of Mentor. The city is being a real Scrooge at Christmas time.
Thank you for reading
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Old 12-21-2016, 05:33 AM   #2
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It sounds to me to like putting the RV in a storage yard for a few months would be the wisest and cheapest solution.
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Old 12-21-2016, 05:40 AM   #3
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Agree,
there are much bigger issues facing any govt now days, but....
I would suspect someone complained to them.

and they are following through now...

a quote an officer gave me when awarding me a CITATION years ago:
"Ignorance of the law is only an excuse, not a reason to disobey it"

Think of it as lucky you were able to store it at home for as long as you did...
Ours is stored about 10 miles away...
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Old 12-21-2016, 05:43 AM   #4
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Well not quite sure what you are looking for on this board. I'm not taking an opinion one way or the other since I have my own fight going on with our Home Owners Association.

However, not being a lawyer but looking at it from a legal perspective, it looks like you've had notice your parking is out of legal compliance for 6 months, and failed to move it. Also appears you HAVE the ability to comply on your property, and are not so because it is inconvenient for you to do so. The fact that you've parked there for years out of compliance is irrelevant, the famous quote "ignorance of the law is no excuse" applies. You also have the ability to comply by paying for a storage area elsewhere and moving it off your property.

I don't think you have any legitimate excuse for not complying and I'd move it back by the 22nd. Be thankful that there actually iIS way to store it on your property and be in compliance, regardless of whether you think it's convenient or not. You're not forced to take it elsewhere. I would also take pictures of it in it's new space and email to yourself so they're timestamped, just in case the tow truck operator shows up and tow's it anyhow. You need to have proof that you have complied with the order. The Christmastime mess is your making by not complying sooner.
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Old 12-21-2016, 05:45 AM   #5
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Quote:
Originally Posted by Murf2u View Post
It sounds to me to like putting the RV in a storage yard for a few months would be the wisest and cheapest solution.
Yes, I agree. In my experience, these kinds of people just enforce the rules, and really don't like to grant variances of any sort.

If I were in your situation, I would get on the phone right away and locate a place to park your RV for the winter. Once you find it, I'd send a certified letter to the city Law Director telling him that you have secured temporary storage for your RV, and that you are complying with his demands. I wouldn't add any harsh words of any sort, as that will serve no good purpose other than maybe a fleeting twinge of revenge. On the other hand, harsh words could put this guy on a war path with you, and you don't want that.
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Old 12-21-2016, 05:49 AM   #6
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Sounds like a neighbor complaned back in June and you are now on the cities hit list.

If they don't follow thru, the complaning neighbor keeps calling, the file gets bigger, and he cries that the city isn't going it's job.

Unfortunately for you the city has to draw a line and it seems that 6 months is long enough.

As suggested, a storage yard until you can comply may be your only option.
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Old 12-21-2016, 05:53 AM   #7
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Build a fence around it with no gate, they can not mess with your property to get it out.
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Old 12-21-2016, 05:58 AM   #8
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Quote:
Build a fence around it with no gate, they can not mess with your property to get it out.
Spend money on fence, spend money on more tickets, being forced to appear in court.......don't think good advice.
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Old 12-21-2016, 06:00 AM   #9
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Hate to be the bearer of bad news but in this situation it is "move it or lose it".

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Old 12-21-2016, 06:02 AM   #10
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It sounds to me to like putting the RV in a storage yard for a few months would be the wisest and cheapest solution.
Well, that is one problem this late in December in NE Ohio, there isn't any decent, safe storage around. I'd be headed several hours south to find any.
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Old 12-21-2016, 06:06 AM   #11
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Originally Posted by JohnBoyToo View Post
Agree,
there are much bigger issues facing any govt now days, but....
I would suspect someone complained to them.

and they are following through now...

a quote an officer gave me when awarding me a CITATION years ago:
"Ignorance of the law is only an excuse, not a reason to disobey it"

Think of it as lucky you were able to store it at home for as long as you did...
Ours is stored about 10 miles away...
And that is what fries us. Anyone can complain and remain anonymous. That anonymous complaint then becomes a city complaint. We would like to talk to whomever complained and get there reasoning.
We are doing the best we can to comply, it's just taking us longer than planned or expected. Material cost money and I'm short on that right now.
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Old 12-21-2016, 06:12 AM   #12
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violated city law. You did not go to the city, to ask for a variance before you parked your Rv. You just did it.

The best way, move whether close or far away.
Install a WiFi camera hooked to a MiFi devise so you can watch it or a small alarm system tied to a cell phone signal.
Hire a contractor to install the fence.
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Old 12-21-2016, 06:15 AM   #13
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Sounds like a neighbor complaned back in June and you are now on the cities hit list.

If they don't follow thru, the complaning neighbor keeps calling, the file gets bigger, and he cries that the city isn't going it's job.

Unfortunately for you the city has to draw a line and it seems that 6 months is long enough.

As suggested, a storage yard until you can comply may be your only option.
My wife uses a dial a ride service, she no longer drives due to her visual disability. She tells them to look for the driveway with the RV in it. She watches the bus go up and down the street and finally the bus finds our house. The driver said he couldn't find the RV, it blended in with the house.

What is so painful about looking at an RV in a driveway? You have to run to the city instead of trying to address it with us? Are you jealous of the fact that I have an RV? Well, guess what, it has a 20 year loan on it and I hope we can keep making payments on it.

I'm a venting mess people, that's the only reason I posted this whole story here.
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Old 12-21-2016, 06:19 AM   #14
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And that is what fries us. Anyone can complain and remain anonymous. That anonymous complaint then becomes a city complaint. We would like to talk to whomever complained and get there reasoning.
We are doing the best we can to comply, it's just taking us longer than planned or expected. Material cost money and I'm short on that right now.
The reason they can remain anonymous is so you can't retaliate. I see nothing wrong with that. You're the one breaking the law and have had sufficient time to fix this.

Best just to comply and find a spot until you can be incompliance with the ordinance.
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