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Can I sue my city for willful non-enforcement of Code restrictions on my neighbor's new home construction, reducing my home's $?
Anonymous6 views3 answers
Though a survey proved my neighbor's new home had broken numerous codes throughout the building process, including breaching setbacks by several feet and redirecting storm water run-off onto my property, the city granted them a Certificate of Occupancy. And though it is the 2nd house on street, the city arbitrarily declared their lot a "corner lot," thus evading required variances and allowing them to build in front of me. My rights to object in a BZA hearing were denied.
Though the city assured me it was "standard practice" to deny the C.O. until the storm water run-off problem was properly resolved (and I have sent photo evidence that it isn't), they just granted the C.O. anyway. Now my driveway floods with their muddy rain water! Can a city be held liable for willful non-enforcement?
Since others before me have addressed the "lawsuit" issue with the City and neighbors, I will steer away from that end, although I am disturbed about you being denied public comment at the BZA and that may be something you should investigate with legal counsel in Alabama if you desire. However, I did notice you mentioned "stormwater" in your question. Be cognizant that I am in Tennessee, saying that, I do know there are a plethra of rules and regulations under the Federal Law that are mandated down through the states and enforced by the local governments. The issue of NPDES permits as it relates to land disturbance from construction involving more than an acre of land, could provide a segway to inquiring if the City is following the State and Federal guidelines. You may want to contact the Alabama Department of Environmental Management in order to ascertain if the regulations have been applied in this instance.
I apologize, I am not familiar with the government tort laws in the state of Alabama. In many states, there are specific causes of action local governments are immune from, but there are also a list of torts that they are not. Flooding due to action or inaction on the part of the City would best be analyzed by competent legal counsel in your area. You could also investigate to ascertain if any of the water problems are a result of issues found within the right of way, of which the city could have a duty to maintain or control. Again, if you wish to move forward, seek legal counsel of your choice.
You have to consult a local attorney but generally, go to the source of problem. If your neighbor's property is in violation of deed restriction that your property is subject to, you have standing to sue your neighbor to enforce those restriction. However, suing your neighbor is not going to get the water off your lawn. I recommend bringing a contractor to determine how you can get the water flow to stop or send it out of your property. Water is common enemy in your case, and you have to send it away. A simple pathway for directing water out to the drainage system can be much more effective than suing your neighbor in court.
Probably not since enforcement of the municipal ordinances are a discretionary matter. Furthermore, the city probably enjoys sovereign or governmental immunity. If aggreived, you should have had a right to appeal the building permits, variances, C.O. and other land use approvals. If the appeals period has ran on all of those land use approvals, there may be several causes of action available to you to file suit as a matter of law. I urge you to consult an Alabama attorney. My comments should not be construed as legal advice.
