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Old 24-07-2005, 01:49 PM
 
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David Martel wrote:
As I recall you were to receive the name of the complainant at least by
the hearing. Have you spoken with the complainant yet and come to an
understanding? Based on your pictures it does look as if many would find
your "landscaping" to be a collection of weeds and your philosophy to be a
rationalization. The sidewalk is a public area which you must maintain, yet
it is also overgrown.


This is the same implication that I expected
the inspector might make at the hearing, so
I was prepared with a clarifying photo:
http://cpacker.org/a4.jpg

In any case, government never returned my phone
call to find out who the complainant was, if any.
And because they didn't appear at the hearing,
I'm confident there was no complainant. Whatever
else I may think of the Dept. of Consumer and
Regulatory Affairs -- the D.C. govt. authority in
question, I believe they wouldn't abandon a
real complaint by a real citizen.

In fact, just this morning I think I figured
out the true circumstances of the citation.
Although the mystery has been intriguing to
me, it may be boring for some readers -- they
may move on to the next thread...

As I said, my neighbor was cited at the same
time. But she got a different form of ticket,
even though it was for the same code violation,
section 800.10, basically for excessive vegetation
over 10 inches tall. The one she got -- let's
call it form A -- gives seven days to correct
the condition or the city will do it itself
and send a bill. There's no option to ask for
a hearing, but there's an obscure paragraph on
the back that says the citizen may appeal the
citation in writing within the seven-day time
limit. Brutal, eh?

The other form of citation -- let's call it B --
is the one I got. It is simply a $100 fine, but
there is a clearly-stated option to request a
hearing.

We both were cited in the same week. On the preceding
Saturday I had noticed a crew mowing the
dense growth from a small triangular park nearby.
This was in May, after a wet spring. So it
would seem that the city came out for seasonal
cleanup and wrote citations on nearby
property owners who appeared to need one themselves.
In fact I remember trimming my sidewalk strip on
the same weekend I saw the crew out there. Since
I like to wait until the dandelions have gone to
seed (they're wildflowers, you know) before my
first mowing of the season, it's possible that
the grass really was much taller than you see
in the photo.

But why did my neighbor and I get different forms?
And why was mine signed not only by a different
person, but one who was not an inspector, actually,
but the chief of inspectors?

As it happens, last year I got a citation for the
same code violation, but on the form A. The
circumstances of that citation are an even longer
story that -- trust me -- has no bearing on this
one -- except that I spoke to the chief then and
made clear that if the city was going to cite me
I expected to have the opportunity to get a hearing.

So now I think what happened this year is that
the crew wrote form A citations on my neighbor
and me. Then the chief intervened, writing a
new citation for me himself on form B, attempting
to do me a favor -- maybe even dating it
incorrectly to make it fatally flawed. And if he
wasn't on site, this would have come out at
the hearing also.

In the end, this episode seems to be more about
politics than law. Far from being in legal limbo,
I'm confident that the city won't bother me again
for a long time.

--
(Charles Packer)
ungoogled: mailboxATSIGNcpacker.org
http://cpacker.org/whatnews

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Old 24-07-2005, 07:13 PM
David Martel
 
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Charles,

So, if there was a complainant, you don't know what problems to address
to satisfy him. You seem eager to believe that there is no complainant but
in the absence of a complainant the ticket writer is the complainant. You
need to figure out what is causing these complaints.
I don't understand the point your pictures are intended to make. They
show a poorly maintained side walk/right of way and a retaining wall that is
leaning into the right of way. The vegetation above the retaining wall is
not encroaching into the right of way but still this is not a picture you
want to produce in court. This picture speaks of long term neglect.
Since you've now received multiple tickets you should try to do what is
necessary to prevent a city work crew from trimming your land at your
expense. Perhaps you should get a landscaper in if you don't know what to
do.

Dave M.


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Old 25-07-2005, 01:57 AM
BattMeals
 
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David Martel wrote:
Charles,

So, if there was a complainant, you don't know what problems to address
to satisfy him. You seem eager to believe that there is no complainant but
in the absence of a complainant the ticket writer is the complainant. You
need to figure out what is causing these complaints.
I don't understand the point your pictures are intended to make. They
show a poorly maintained side walk/right of way and a retaining wall that is
leaning into the right of way. The vegetation above the retaining wall is
not encroaching into the right of way but still this is not a picture you
want to produce in court. This picture speaks of long term neglect.
Since you've now received multiple tickets you should try to do what is
necessary to prevent a city work crew from trimming your land at your
expense. Perhaps you should get a landscaper in if you don't know what to
do.

Dave M.



I hate to say it, but I agree. This yard looks virtually abandoned from
the street level (picture a3). I much prefer the natural look, but this
does not quite cut it. Natural is not the same as overgrown.

One quick task that will make the property look better it to remove the
weeds at the base of the walls. The vines draped over the wall do
soften the edges, but they are also drawing attention to the base weeds.
These plants are probably contributing to the weakness in the
retaining wall as well by breaking the bricks with their roots.

Next, selective thinning of the vines would be in order to make the
upper parts of the garden look more tamed.

Lastly, changing the vegetation of the devil strip from grass to a low
maintenance, low growing groundcover will leave little maintenance. Or,
get a reel mower and make mowing a 5 minute ritual on the weekends.

-matt
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Old 25-07-2005, 02:38 AM
Warren
 
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wrote:.

This is the same implication that I expected
the inspector might make at the hearing, so
I was prepared with a clarifying photo:
http://cpacker.org/a4.jpg


I've seen sidewalks narrow, and occasionally curve. But that curve as it
narrows in the middle of a slab, with no difference in the apparent vintage
of the concrete very much looks like it's not the pavement that narrows, but
the vegetation that's overgrowing unevenly. There also appears to be a
plethora of noxious weeds mixed in there, too.

This picture may put the rest into better context, but I'm afraid not in a
favorable light for you. It also highlights the disrepair of the retaining
wall. Lush vegetation, ala cottage garden, is one thing. But this last
picture pretty much clears-up that this isn't lush vegetation, but an
unmaintained and unmanaged yard.

The more you tell us, the more it's looking like you're not just an innocent
victim with an alternative landscape plan, but someone who has let the weeds
take over, and the retaining wall deteriorate. If you're going to bring in
pictures to defend your yard care aesthetics, you could at least have
swept-up the dead leaves, and pulled a few of the more obvious weeds before
taking the pictures!

--
Warren H.

==========
Disclaimer: My views reflect those of myself, and not my
employer, my friends, nor (as she often tells me) my wife.
Any resemblance to the views of anybody living or dead is
coincidental. No animals were hurt in the writing of this
response -- unless you count my dog who desperately wants
to go outside now.
Have an outdoor project? Get a Black & Decker power tool::
http://www.holzemville.com/mall/blackanddecker/



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Old 25-07-2005, 05:15 AM
paghat
 
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In article , "Warren"
wrote:

wrote:.

This is the same implication that I expected
the inspector might make at the hearing, so
I was prepared with a clarifying photo:
http://cpacker.org/a4.jpg


I've seen sidewalks narrow, and occasionally curve. But that curve as it
narrows in the middle of a slab, with no difference in the apparent vintage
of the concrete very much looks like it's not the pavement that narrows, but
the vegetation that's overgrowing unevenly. There also appears to be a
plethora of noxious weeds mixed in there, too.

This picture may put the rest into better context, but I'm afraid not in a
favorable light for you. It also highlights the disrepair of the retaining
wall. Lush vegetation, ala cottage garden, is one thing. But this last
picture pretty much clears-up that this isn't lush vegetation, but an
unmaintained and unmanaged yard.

The more you tell us, the more it's looking like you're not just an innocent
victim with an alternative landscape plan, but someone who has let the weeds
take over, and the retaining wall deteriorate. If you're going to bring in
pictures to defend your yard care aesthetics, you could at least have
swept-up the dead leaves, and pulled a few of the more obvious weeds before
taking the pictures!


Well I thought it looked nice.

-paggers
--
Get your Paghat the Ratgirl T-Shirt he
http://www.paghat.com/giftshop.html
"In every country and in every age, the priest has been hostile to
liberty. He is always in alliance with the despot." -Thomas Jefferson


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