I do not understand people! and how they can lie.

I would wait and see until you receive something in writing that is official. You may just have a cop-friend of a friend showing up at your property giving you false info (I have had this happen before). Also, if it was such a steadfast code/ordinance violation, they should give you something that cites the code/ordinance itself and where you are able to look up and verify the information yourself. You are to receive things in writing with a substantial amount of time to comply, this they have not given you. Probably since it doesn't exist!

Even if, you are sent something in writing, I would wait to see if they would file you for court. Its a Civil Matter, so nothing deemed "criminal." They may not even have a case against you since their info seems to be spotty at best. Once their attorneys take a look at their "file" with no information, notice, etc they will not file it due to incorrect information.

I work for our County's Health Department's legal office and we have issues similar to yours, come through our court. Do not allow them to intimidate you, stick with it and keep us updated
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I would wait and see until you receive something in writing that is official. You may just have a cop-friend of a friend showing up at your property giving you false info (I have had this happen before). Also, if it was such a steadfast code/ordinance violation, they should give you something that cites the code/ordinance itself and where you are able to look up and verify the information yourself. You are to receive things in writing with a substantial amount of time to comply, this they have not given you. Probably since it doesn't exist!

Even if, you are sent something in writing, I would wait to see if they would file you for court. Its a Civil Matter, so nothing deemed "criminal." They may not even have a case against you since their info seems to be spotty at best. Once their attorneys take a look at their "file" with no information, notice, etc they will not file it due to incorrect information.

I work for our County's Health Department's legal office and we have issues similar to yours, come through our court. Do not allow them to intimidate you, stick with it and keep us updated
hugs.gif
 
I would certainly expect that an ORDER would be a written document signed by someone.

If this was at a city council meeting, then be certain to ask for a copy of the minutes. If they made changes or additions to existing ordinance, or created new ones there is usually required to be public notice, and a time delay before new regulations go into affect. Also, this could be considered a "taking" of your property, and if they choose to not grandfather you in, they will owe you conpensation for your loss. It is a constitutionally guaranteed right, although a Supreme Court case a couple of years ago limited that significantly (causing many states to immediately begin working on state laws to provide state protections.

Your lawyer should have access to all city ordinances and codes, as well as state and federal laws. Even if you choose to not sue the city, you need to have the lawyer write a strongly worded letter that indicates the very strong probability of a lawsuit, and that you will ask for recovery of all your attorney and court costs should you win.

Assuming that the law is on your side, I would expect that they will back down if their chances of winning are remote. However if they think they may win, I expect they will pursist.
 
I just received ordinance papers on the Coop building, But nothing to do about the Chickens.

YET!

I was given a letter by the officer 10 min ago. Came, dropped it off, LEFT!


June 29 2009
RE: ordinance Violation

This letter is to advise you that your property located at ____ is in violation of _____ township.
Ordinance #70 Building permit required for all Construction and
Ordinance #144 ____ Township Zoning Ordinance
You have until July 6, 2009 to make application for Building Permit For Shed/Chicken coop that you built to the rear of your property. Also the Chickens must be removed from the property by said date.
Failure to do so will result in a Citation being filed daily at the office of District Judge ________. this letter shall be your one any only warning.

______
Chief of Police.


My husband has it taken care of on the coop/shed thing. No worries on that.

But the Chicken ordinance is still being withheld from us.
My husband and I will be going to get it tomorrow at 5pm.
Apparently we need an appointment.
 
When I tried looking up your city, it would appear that it is not incorporated, but rather under county rule. I couldn't find a listing of county ordinances, but I did find the subdivision ordinance. It does not address land use or animals in any way that I could find. I didn't pay attention to building permits, and when they are and are not required.

Are you actually in Cumbola or in another township? Short term solution is to purchase a large bird cage or dog house/crate for your birds. I wouldn't move their location significantly, but they will be hard pressed to say that a commercially purchased cage that is easily transported from one location to another requires a building permit. Take notice (and photos) of any similar dog houses, aviaries or hutches you can see throughout your town.
 
Also, in writing, ask for a copy of the text of the ordinances listed and the date they became law. Send that request by certified letter with delivery confirmation to the County or City Clerk.
 
Quote:
ESPECIALLY any chain-link kennels. Maybe you could even apply to build a dog kennel, and then decide to fill it with chickens instead.
 
Sounds like someone is grasping for straws. Since there is nothing that says you can't have chickens, they are going after the coop.
 

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