Small Town Problem

plowboy
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11539
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Norwich, KS US
6/21/2019 8:48pm Edited Date/Time 6/24/2019 2:48pm
Down and dirty...2 years ago the head of the city council (also owns the hardware store and post office) pulled me aside and asked if I'd have any objections if the city sold the lot next to my house for a manufacturing business (it was zoned commercial not industrial). I'm not stupid and knew this would adversely effect my property value but also knew it creates jobs and taxes that keep the school open. I told them I have 2 stipulations...be a good neighbor (never ever block my drive) and if I ever get laid off...I want a job. They were ecstatic. They knew my objection would stop the rezoning.

Fast forward...the guys business is booming. 3 shifts and he's working his ass off. Good on him....but here's the problem. As a machine shop, he creates a shit ton of titanium, stainless, and aluminum shavings (2 to 3 inch metal squiggles). Sharp as razor blades. His recycle dumpsters are always overflowing and his workers spill a lot heading to the dumpsters. Needless to say, my yard is full of shavings. Everyone in my family runs around barefoot...or we used to.

I've pointed it out to this guy and his fix was to get bigger dumpsters which are still overflowing and his folks still spill on their way to empty. I grabbed the city council lady when I went to check my mail. Told her the situation thinking she might have a private word with him. Now, it seems, I need to make a formal complaint with the council. I told her I didn't want to make a stink but she was all official about it.

So now I'm thinking ill just sue his ass and have the lawn scrapped and have him pay for a re-sod. Can you guys think of a different way to handle this? (I'm not talking about a few pieces of metal...I mean aluminum Christmas tree covered in tinsel).

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lostboy819
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6/21/2019 8:56pm
Give them a ultimatum and one chance to fix it, if not then be a hard ass and sue him and also get the EPA and OSHA on his ass, I am sure he will come around. Some times you have to play hardball and throw at the head.
plowboy
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Norwich, KS US
6/21/2019 9:09pm
lostboy819 wrote:
Give them a ultimatum and one chance to fix it, if not then be a hard ass and sue him and also get the EPA and...
Give them a ultimatum and one chance to fix it, if not then be a hard ass and sue him and also get the EPA and OSHA on his ass, I am sure he will come around. Some times you have to play hardball and throw at the head.
Lol...my first instinct was to spread roofing nails all over his parking area but as much pleasure as that might bring I can't trade bad for bad. This is Kansas...EPA and OSHA are Russian commie organizations staffed by ISIS. More than likely be a 250 dollar fine which is far less than building some sort of containment structure.

I'm thinking of asking him if he minds if my 4 Great Danes can shit on his doorstep 3 times a day. Maybe then he'lll get it.
early
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University Heights, OH US
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6/22/2019 3:58am Edited Date/Time 6/22/2019 4:05am
That sucks, it's hard to be the nice guy especially when it comes to people respecting your property, give them an inch and they'll take a mile. Those shavings are nasty if not contained. Do the bins need to be near your yard? Can you ask him to move them somewhere farther away?
6/22/2019 4:02am
Have you tried to speak face to face with the owner ?

You can remind him that a few years ago you allowed a business to be built on a lot next to your home that wasn’t zoned for business. You could of said no. But you didn’t. And you would appreciate having the same courtesy you afforded him 3 years ago.

If you piss the guy off he could make Your life hell.
2

The Shop

Gworm
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Monett, MO US
6/22/2019 5:23am
He’s violating your first stipulation.
Brad460
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Richfield, WI US
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6/22/2019 5:40am
Did they put those stipulations in writing? (Good neighbor and guaranteed job).
bigmaico
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Kingwood, TX US
6/22/2019 5:58am
You might suggest that he gets a Yard Vac & have one of his employees run It several times a day.

Have them run it on your property too!

If he balks, it’s on & then go after him & the council persons seat.

Take lots of pictures to document the problems.
6/22/2019 6:41am
First step is write him a letter, you can do it or a lawyer can.
reded
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KS US
6/22/2019 7:14am
Perhaps you could persuade him to pay for a fence to be installed so that the shavings can’t blow into your yard. This deal is probably going to cost you no matter what form of resolution you come up with so you may as well make sure that it’s permanent, even if you have to go in half on the price.
plowboy
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Norwich, KS US
6/22/2019 7:19am
To answer some of your questions; The guys family homesteaded here many generations ago. Lots of land and big farming operations. So, he's basically royalty around here. I've known him for almost 20 years. He's not a bad guy and I've always gotten along with him. He is a little self important and used to people giving him deference. He's the typical big fish in a little pond.

I did not get my stipulations in writing. My bad.

I've brought the problem to his attention numerous times and he acknowledged the issue. Credit where it's due...he did get much bigger dumpsters and the gal who fork lifts the shavings out was very good about not spilling them. But, his business is booming and he's gone from 3 employees to 12 and the larger dumpsters are overflowing...the new people are pretty sloppy when they transport the metal.

He's not a total jackass but the solution will require him to spend money and he is a tight sumbitch. The yard vac won't work because the dumpster/parking/drive area is pot hole filled dirt and rock. If he paved the area so the fork lift (with hard wheels) didn't bounce and spill shavings...and he called to have the dumpsters replaced before they were overflowing it would greatly reduce the problem. Both of those things cost money and it's not my place to tell a man how to run his business or spend his money. But, I have a problem and he is the cause.

It ain't the end of the world and I ain't losing sleep over it but it is aggravating.
RONJ OSE
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US
6/22/2019 7:54am
Can you post some pictures of his factory and the metal in you’re yard,
Also I would build a fence to block that shit from coming over,
The sod idea isn’t bad either
omalley
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Snohomish, WA US
6/22/2019 9:02am
1) sell him your place for expansion at a greatly inflated price.
2) buy somewhere that isn’t next door to manufacturing.
3) put the future job in writing as part of the terms of step 1.
4) enjoy the $$$ You made from the deal.
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KHI Guy
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Cleveland, OH US
6/22/2019 9:07am
I am on my township's Zoning Appellate Board, and these are the types of cases that we hear. Your town may be different, but this is how it would happen where I live.

From your description, it sounds like they needed a use variance to set up their industrial operation in a lower, commercial zoned area. That should have required a public hearing, and your stipulations could have been in writing as part of the variance language. If he was not keeping with the terms of the variance, then the zoning inspector would force him to become compliant. If the zoning inspector would not act upon this, then you would have recourse agains the city/zoning inspector for not performing their duty.

However, since this was not the case, it sounds like this is just more or less a "neighbor" dispute. The city will probably tell you "sorry, we're not getting in the middle of this, try and work it out yourself." That is, unless they are violating some other city ordinance. It may come down to a civil action agains your neighbor, but I think that he would certainly want to avoid that. And yes, metal contamination onto your property is an EPA issue.
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KHI Guy
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6/22/2019 9:14am Edited Date/Time 6/22/2019 9:18am
omalley wrote:
1) sell him your place for expansion at a greatly inflated price. 2) buy somewhere that isn’t next door to manufacturing. 3) put the future job...
1) sell him your place for expansion at a greatly inflated price.
2) buy somewhere that isn’t next door to manufacturing.
3) put the future job in writing as part of the terms of step 1.
4) enjoy the $$$ You made from the deal.
1) City takes your property through eminent domain
2) buy in a downgraded area, because the city's "market value" of your property is far less than the true open market value
3) hire attorneys to unsuccessfully fight case against the city.
4) you're screwed
1
omalley
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Snohomish, WA US
6/22/2019 9:39am
omalley wrote:
1) sell him your place for expansion at a greatly inflated price. 2) buy somewhere that isn’t next door to manufacturing. 3) put the future job...
1) sell him your place for expansion at a greatly inflated price.
2) buy somewhere that isn’t next door to manufacturing.
3) put the future job in writing as part of the terms of step 1.
4) enjoy the $$$ You made from the deal.
KHI Guy wrote:
1) City takes your property through eminent domain 2) buy in a downgraded area, because the city's "market value" of your property is far less than...
1) City takes your property through eminent domain
2) buy in a downgraded area, because the city's "market value" of your property is far less than the true open market value
3) hire attorneys to unsuccessfully fight case against the city.
4) you're screwed
Agreed...but I meant sell to the business owner, not the city.

As far as I’m concerned, eminent domain is a violation of rights.
1
KHI Guy
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Cleveland, OH US
6/22/2019 10:06am
omalley wrote:
Agreed...but I meant sell to the business owner, not the city.

As far as I’m concerned, eminent domain is a violation of rights.
We have a close family friend that the exact situation happened to. A large hotel chain built a hotel right next to his business. They offered him a sum of money, well below market, to purchase his building. He obviously refused the price. Next step, the city took his building through eminent domain and sold it to the hotel chain because the hotel would bring far more economic benefit to the city than his business would. His building was demolished and is now a parking lot for the hotel.

I agree, eminent domain is absolutely a violation of rights.
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1
Piston Slap
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Stillwater, OK US
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6/22/2019 10:18am Edited Date/Time 6/22/2019 10:22am
KHI Guy wrote:
1) City takes your property through eminent domain 2) buy in a downgraded area, because the city's "market value" of your property is far less than...
1) City takes your property through eminent domain
2) buy in a downgraded area, because the city's "market value" of your property is far less than the true open market value
3) hire attorneys to unsuccessfully fight case against the city.
4) you're screwed
Good thing you are not a lawyer. . .

Why would the city "take" his property through eminent domain.??? It's a private business. .

All the city wanted to do is SELL the lot next door.....

And. . . He has a quite valid complaint, and is adversely affected...

Sounds like a perfect tort case to me. . .

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plowboy
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Norwich, KS US
6/22/2019 3:11pm
I knew I'd get some good input from you fellas. I had another conversation with my neighbor. It appears he's making so much money he's expanding the building and the dumpsters are going down into a loading dock. More efficient for him and should end my metal problem.

The other point you guys brought up about selling him my property was also on point. I plan on retiring in the next year or so. He has 4 or 5 single mothers working for him. I pointed out that my place would make a dandy duplex for him to buy and rent to his gals. His eyes looked like slot machine reels when he realized he could pay them their wages and take it right back in rent. We'll discuss more when my plans firm up.

Again, thanks for the input. I guess some dark clouds do have a silver lining.
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SEEMEFIRST
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Arlington, TX US
6/22/2019 6:26pm
Well, that would work out.

I'll reserve my opinions until you decide then.

I can't help it.... The littering seems like a no brainer.
whyZ
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Phoenix, AZ US
6/24/2019 2:06pm
Are you saying the business is throwing the metal shavings away, or into the dumpster for recycling? Couldn't even imagine how much money is involved with recycling a dumpster full of aluminum. I thought I did well on my glad bags full of cans. If he is recycling, maybe you could talk to him about a cut on those proceeds.
plowboy
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Norwich, KS US
6/24/2019 2:48pm
Yeah, it's all separated for recycle...titanium, stainless and aluminum. I wouldn't even bother asking him. He's in the money making not sharing businessEvil
OldYZRider1
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Bushnell, IL US
6/24/2019 4:07pm
plowboy wrote:
Yeah, it's all separated for recycle...titanium, stainless and aluminum. I wouldn't even bother asking him. He's in the money making not sharing businessEvil
Are you dumpster diving the titanium one? Maybe that one needs to stay next door Smile .
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