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HomeMy WebLinkAboutBrown letter to Jacky.htm Toni Norton NormalEmail.dotm 1 1 2011-05-03T14:49:00Z 1 1135 6472 53 15 From:                              Michael Poston Sent:                               Tuesday, May 03, 2011 10:49 AM To:                                   Toni Norton Subject:                          FW: Selective Enforcement of Catawba County Code Michael Poston Planner Catawba County 828-465-8969 From: Jacky Eubanks Sent: Wednesday, March 23, 2011 4:32 PM To: Chris Timberlake; Michael Poston Subject: FW: Selective Enforcement of Catawba County Code Let’s talk about this tomorrow.  I know we have discussed this situation before. Could be that we need to involve Toni ? Jacky From: Jim Brown [mailto:ki4raw@yahoo.com] Sent: Tuesday, March 22, 2011 4:58 PM To: Jacky Eubanks Subject: Selective Enforcement of Catawba County Code I am approaching you in amicus curiae or in the capacity of a person not a party to the complaint but can assist you in the processing of these claims of blatant violations of the Catawba County Code (CCC). This all started about ten years ago when a person moved into a deed restricted subdivision.   The first thing this person did was change the well established water shed by filling in a ditch. Which caused 'accelerated erosion' (See CCC Chapter (Ch) 31 Sec 31-3) of a well established right of way by forcing the water across the road into a ditch on the other side of the road which is a dedicated utility easement. This in turn caused accelerated erosion of a well established utility easement maintained by another person.   By altering the 'discharge point' (See CCC Ch 31 Sec 31-3) this person has knowingly, willingly, voluntarily caused damage to the well established right of way (road), and to the utility easement rightfully maintained by another person. Pursuant to North Carolina General Statutes (NCGS) Ch 14 § 14-127 it is a class 1 misdemeanor to willfully and wantonly injure the real property of another and this includes the Utility Easements. The road in question is privately maintained by all the land owners in the deed restricted Subdivision. After altering the discharge point of the ditch by filling it in which was put in place by the developer of the subdivision the same person planted Leland Cyprus bushes to the out side edge of where the ditch used to be. These plants now occupy a space that was and area which was dedicated as an 8ft right of way or ingress and egress to a farm which has been there over 100 years. The surveyed center line of the right of way in the subdivision is the center line of an 8ft right of way that has existed since the early 1900s. The subdivision easements are established as 25’ to either side of that 100 year old right of way belonging to a farm. The farm is not part of the subdivision but has had an 8’ wide right to ingress and egress that dares back nearly 100 years, and the road right of way was centered on that 8’ right of ingress and egress. The person that changed the discharge point of the ditch put in place by the developer has encroached on that well established road bed, by planting the Leland Cypress. This same person continues to encroach further and further off the well established right of way and onto the dedicated public utility right of way rightfully owned and maintained by the property owner across the street against the will and over the objections of that property owner which is a violation of NCGS Ch 14 § 14-134.2. The person in question has claimed the public utility right of way across from his property as his own which is land that another person pays taxes on and maintains. This right of way is hard to maintain when commercial vehicles making deliveries to the person in questions property use it as the right of way against the rightful owners objections. The rightful owner of the property which is being clamed by his neighbor as his and used for a private drive by the person in question has brought this to the attention of the landowner unlawfully claiming it as his own to no avail. The person in question merely ignores the rightful owner and encroaches further with each passing day. The landowner in question is using his property and home as a business location, warehouse, shipping and receiving area, appliance repair facility, and junk storage place all in violation of the CCC. There seems to be a problem with the selective enforcement of the CCC. There has been a complaint concerning the operation of a business from a home in Catawba County which is not one permitted by Sec. 44-221. Home occupations. Your investigator went to the address and was told that the person in question had a business address in Newton and that the home was merely used for receiving inventory and then shipping it to an alleged business in Newton. Everyone in the deed restricted subdivision knows that this person has been running an appliance repair sales and service business from his home for nearly ten years. Apparently your investigator never asked where the business in Newton was and did not bother to check if they were being mislead.  Pursuant to Sec 44-221 (1), (b), (c) of the Catawba County Code "No home occupations shall be permitted that Generates traffic  . .  in excess of that which is normal in a residential district, creates a hazard to persons or property, or is a nuisance. The person whom is using their home for a business, warehouse, mini warehouse, shipping and receiving area is generating excessive commercial traffic in the subdivision, is  creating hazardous conditions to persons by blocking the road access with large commercial trucks being loaded and unloaded in the right of way. In the event of an emergency people cannot get in or out of their home with large commercial vehicles parked in the middle of the right of way loading and unloading commodities which are being used for business purposes. Personal private property is being damaged by these trucks in that the road is privately maintained at the personal expense of the land owners. They (heavy trucks) and the neighbor is driving off the well established road and into a neighbor’s yard across the road and causing damages that have to be repaired. which is a nuisance.  Further, there are other County Code Violations clearly visible. Sec 44-152 Screening of open storage. This person is storing all kinds of things in plan open sight on their front porch, in their back yard including labeled shipping boxes, and appliances at times.   Sec 44-121 is being violated as the person has planted shrubbery (Leland Cypress) that block the view of several entrances and exits to the right of way which is a hazard, and nuisance. The person in question is operating a un-permitted junk yard there is in fact junk all over the property in question in plain view, and unscreened. Some of this junk is well within the right of way and they refuse to remove the hazard, but your officer did not see it, was not familiar with the CCC concerning the storage of junk, or chose not to enforce the CCC.  Section 44-4. Definitions.   Junk means old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof. Sec. 44-353. Junkyards. The following standards shall be used in deciding an application for approval of junkyards: (1) This site shall have direct access to an arterial or collector street as shown on the thoroughfare plan. (2) The provisions of section 44-151 shall be met. Additional buffering and screening shall be required so that materials shall not be visible from any street and any adjacent less intensive use of land. (3) No material shall be stored closer than 30 feet from the zoning lot lines.