[AT] tractor repair in residential garages
Grant Brians
sales at heirloom-organic.com
Thu Jul 11 08:02:27 PDT 2019
Beware this is long and detailed....
As a farmer here in California, I feel the need to respond both
from a tractor perspective and a citizen perspective. Drones are not
allowed for code enforcement here. Some counties and cities have used
Google aerial photos just like in every state. Often these activities
have been driven by contracted out code enforcement services. Contracted
out code enforcement services are driven to maximize landowner
harassment because they are paid by permit and fine levels rather than a
fixed amount. In our county, a past board of supervisors got rid of the
county personnel because they were convinced it would save money and
hired an outside business to handle permits and fines. This company took
the current computer files and any structures in much of the county that
they did not have a building permit for in those files, they issued a
fine for it and a requirement to bring them up to code. One "small"
problem.... Our county did not have zoning until 1971 and it did not
have building permits until the 1960s. Oops. Also, when the county let
go of their personnel in that department they lost or stored the paper
records and more permits were misplaced. As a result, these notices
applied to nearly 2/3 of the structures in the ranch area they first
focused on. Around half of the buildings they tried to cite in that one
ranch area were from before 1900....
Needless to say when the complaints and legal notices of intent to
sue began to roll in vigorously, the county changed policy and we now
again have county staff to handle the department. It was a very
expensive exercise in privatization. Was this "communist" as Bruce
stated? No in fact it was classic tactic by small government advocates.
Rules about who can work on vehicles, doing what and where are
classic HOA problems. Governments that attempt to regulate people
working on their vehicles or their friends' vehicles offstreet in
non-HOA situations are almost always unconstitutional under the
California Constitution unless pollution concerns can be documented and
proven. Other places often do not offer the protection our constitution
does in this circumstance. I would wager the first time that Sacramento
County is taken to court on this rule's application and administrative
guideline their county attorneys will either lose in court or choose to
make the county change the guidance and drop many if not most fines and
enforcement actions as they will recognize the liability.
On to tractor repair and painting. That is a not a gray area in
terms of repair, but is on painting. Painting can be controlled by the
Air Pollution Control districts. They DO have jurisdiction under the EPA
and Cal-EPA rules. Businesses that paint without "proper" controls on
emissions, etc. can be fined and are. Individual people are not unless
they dump paint in sewers or storm drains. Nearly all enforcement is
based on complaints from neighbors or inspections of businesses.
In short, people who are able to maintain good relations with
their neighbors, do not live in an HOA location or have other convenants
on their properties are in good shape most places they may live in
whether California or anywhere else. Large properties with numbers of
tractors or vehicles will avoid problems, while city lots will often
have problems because of neighbors. Some cities will even fine if a
vehicle is "not parked on the right part of a driveway"! I saw coverage
recently about that issue in the midwest and Salinas, the large city
that is the vegetable production capital!
As an added tractor note, I was talking to a fellow a few weeks
ago who had a Farmall tractor in town as well as a Harley and collector
vehicles and he was talking about repairing the tractor in his
driveway.... No problems legally or with his neighbors about the
tractor. I did not ask about the Harley, LOL.
Grant Brians
Hollister,California farmer of vegetables, edible
flowers, herbs etc.
On 7/9/2019 8:56 AM, Bruce Fallon wrote:
> I just don't understand why anyone would live in communist California or anywhere with those kind of rules
>
>
> Bruce Fallon
> Langley, WA 98260
>
> -----Original Message-----
> From: AT [mailto:at-bounces at lists.antique-tractor.com] On Behalf Of Ralph Goff
> Sent: Tuesday, July 09, 2019 8:09 AM
> To: at at lists.antique-tractor.com
> Subject: Re: [AT] tractor repair in residential garages
>
> On 7/9/2019 7:32 AM, Jim Becker wrote:
>> There isn't much case law on this yet. A lot of people in authority
>> believe that a warrant would be required to use a drone for code
>> enforcement. Some argue that drone pictures are usable if the drone
>> is in free airspace, which introduces another set of limitations.
>>
>> -----Original Message----- From: James Peck
>> Sent: Tuesday, July 09, 2019 7:47 AM
>> To: Antique Tractor Email Discussion Group
>> Subject: Re: [AT] tractor repair in residential garages
>>
>>
>> With a camera equipped drone, the zoning people can easily see what
>> you have got sitting outside. If it does not run, is not plated if
>> required, or is prohibited by zoning it needs to be inside. Your
>> neighbor can wander over and snap photos with his smart phone and send
>> the photos to the zoning people.
>>
> My goodness! Following this thread makes me realize just how lucky I m
> to live where I do. I can buy as much old iron as I care to, running or
> not, and nobody can tell me not to.
>
> Hundreds of acres of free outdoor parking.
>
> Code enforcement? Do we even have a code here?
>
> Ralph in Sask.
>
>
>
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