Neighbor filed a warrant against me after she saw me with a camera yesterday!

[MargaretYakoda]

I would only do that after you'd tried all else that is possible to get info and compliance from the police....you don't want a war with them too.

Well, a FOIA request is a federal thing... so probably doesn't apply. That said, states have different information acts so you'll need to look into what applies in your area. These are routine paperwork things that don't tick off the cops or anyone else. Not generally, and if they do it's the cop's problem, not yours. There is a possibility it will cost you per page, though, which can add up. Ask for your information to be delivered through email or on a compact disk, that should help cut down on costs.

HOWEVER this may very well be being handled as a currently open case, in that situation you'll (rightly) be told they can't give you very much information at all. And probably none. Which brings me back to my original advice: LAWYER UP, COWBOY!

 

[kallan]

Perfect opportunity to print out or purchase some "Smile you are on camera" signs and put them on wood stakes where every fence section is removed, that way they have something to look at when they peek through...

That or call the building and zoning department and report them for having a fence in ill repair... Too lazy right now to see if it's a violation in your area, but I know it is in mine if you fail to maintain a fence in good repair between two properties...

I love the sign idea....think I'll do that! I thought a fence was the responsibility of both parties, but the previous owner said it belonged to the neighbor. I will probably just get some extra boards and attach them later on.

 

[kallan]

More mothballs appeared yesterday, so I called the EPA again to see when they were coming out. I couldn't speak with the person I had given information to on Monday. After recounting things to another person, he wanted me to send the neighbors' contact information so he could call them. Late yesterday, he sent an email asking "Has your neighbor stated the reason they placed the mothballs by the property line?" I guess he didn't call. I wasted my breath again for him to ask me that? Does the reason matter? Is he serious? Well, around 8:30 am this morning, I received a call from the investigator himself and he will be out around 10 am in the morning to take my statement, collect exhibits (photos, emails, hard evidence--if I can get it) It will be a full blown investigation, not just a phone call.

If the neighbors do not want to cooperate and let him onto their property, it sounds like he has no authority to go further. I guess I will at least have this documented nicely when I do go to court.

 

[kallan]

A Freedom of Information Act (FOIA) request to the PD for the officer's notes and field contact reports might be useful.

Will see what I can gather tomorrow after EPA's visit. Thanks.

 

[kallan]

Can you videotape your yard while the loud music and/or siren is blaring?
Perhaps tape your chickens having a heart attack (that was a joke) but you get my drift.

I have about 30-40 minutes nonstop of this music. The fog horn hasn't been used in a while, but now they are playing a dog barking recording over and over again nonstop at the chickens. It actually isn't as loud as the rock music with all the ads and stuff. I recorded the dogs, too. I haven't decided when to go for harassment yet. Very soon, I imagine. I wonder if i could subpoena the officers that did nothing and have them appear at court. Probably wouldn't do any good.

 

[tridentk9]

If the neighbors do not want to cooperate and let him onto their property, it sounds like he has no authority to go further.  I guess I will at least have this documented nicely when I do go to court.

Won't he be able to see them from your side- and as a Federal Agency FOIA does apply to EPA so you should be able to get their report eventually.

FOIA itself doesn't apply to the states but- each state has their version of it. http://www.foiadvocates.com/records.html

Also of interest might be your local "Sunshine Law" different areas have their own version but pretty much everwhere in the US has something http://legal-dictionary.thefreedictionary.com/_/dict.aspx?rd=1&word=Sunshine+Law it's about letting people know what their local gov't is doing.

But, it does all come down to- you do need to get a lawyer. This has gone past normal neighbor disagreements. It's escalating.

 

[kallan]

Lets hope your local EPA office enforces the law as they should and doesn't shrug it off like local law enforcement did...

FYI an individual that violates the EPA FIFRA (as this neighbor has) is subject to a fine up to $1000 and/or up to 30 days in jail... Of course it likely will never get that far (at least we can hope) but it's not some $10 ordinance violation that many would shrug off...

After speaking with the EPA investigator today, it sounds like they really don't have the authority even though they are government. If someone won't cooperate; they can't trespass, so there isn't much they can do. We'll see have far we get on my side of the fence!!!!

Well, I'll at least have a paper trail.

 

[MeepBeep]

After speaking with the EPA investigator today, it sounds like they really don't have the authority even though they are government. If someone won't cooperate; they can't trespass, so there isn't much they can do. We'll see have far we get on my side of the fence!!!!

Well, I'll at least have a paper trail.

This might be true, but the EPA can most certainly 'compel' law enforcement to enforce the law, otherwise what is the point of the EPA and their Federal Laws if everyone could simply 'not cooperate'... I would follow up with local law enforcement again, if they refuse to uphold and enforce the law I would start taking it up the chain of command... If the violation is in clear public view as it is since you can clearly see it, the police don't need a warrant to pursue charges...

And honestly I would start to talk to a lawyer about a civil lawsuit as well, your neighbors actions are clearly illegal and could easily if not already be causing damage to your health, your animals health or even poisoning your property, all fully creditable grounds to sue...

 

[enola]

If the fence belongs to the neighbor, you can't legally attach anything to it.

 

[MeepBeep]

If the fence belongs to the neighbor, you can't legally attach anything to it.

You need to check local laws, in many areas if the fence is on the property line both parties can legally repair and maintain the fence...