Downside to Boise - Code Enforcement (apartment complexes, city hall, condo)

[LillyLillyLilly]

Anyone considering moving here should know that our codes are very lax. I just got done talking to a CE officer. The first attached photo is a storage lean-to my neighbor built last summer, right square in front of my dining room window and within 6' or 7' of it. This structure is a quarter inch under 7', so it's legal! There's nothing to do about it. No recourse due to the fact that it's an eyesore, or that it's built right up to the property line. No requirement for them to at least build a fence to hide the view from my property.

The second attached photo is taken from my kitchen window and is of a playhouse built right on the property line. There is a clear view from the playhouse into every window in the back of my house including my bedroom window. The kids stand up there and bang crap against my side of the fence and yell at me every time they see me. Besides invading my privacy, it's butt ugly with orange and blue paint. Again, nothing you can do because it's in the back yard. Now if it were in the front yard we'd have something.

No photo, but the same neighbor has a light mounted high on their house that completely lights up my deck, my dining room, and my kitchen from dusk till dawn. This renders my deck completely unusable after dark. I don't want to sit spotlighted in my back yard! Fences are legal only up to 6' but a 6' fence would not block any of the light due to the height the light is mounted at. The city has NO ordinance covering residential lights other than in conditional use permits for large apartment complexes. Nothing for single family homes at all. A neighbor could mount twenty 1000 watt bulbs along his property line and light up every inch of the neighbor's yard, point the light into their home, and Code Enforcement could do nothing about it.

After I begged and pleaded for mercy, the CE officer is going to go to another city department and "try" to see if there's anything they can do. I can't remember which department, building and zoning or something. But it sounds pretty hopeless.

AFAIK, my only recourse is to file a civil lawsuit alleging loss of enjoyment of property. IMHO city residents should not have to pay an attorney and go to court to get relief from such obvious annoyances such as these.

Warning for those who wish to move here. Either buy a home in a development that has a HOA. Or be prepared to put up with any ole trash your neighbor wishes to build in their side yard or back yard, even if it encroaches upon your privacy.

Whew! Now that I'm done venting, to all you Boise residents, what can be done about this? Is this something city council members would have some control over? Is it worth approaching one of them to see if they'd be willing to revisit the codes? Or does this fall under the purview of someone else?

[Anchorless]

Well, the grass is always greener and all that...

I have many friends who live in Portland that complain about Homeowner Association regulations being so draconian they're not allowed to put a doghouse in their yard without approval.

While I tend to side with the idea that we should forfeit some of the rights we have to do with our property as we see fit for the good of a community, especially as concerns large scale policy issues, I do also appreciate the freedom that we in Idaho have to be able to do with our property as we choose without neighbors or city officials having too much of a say.

Personally I think you should deal with it, and appreciate the freedoms we have here - it's part of what makes Idaho the place it is. Have you tried talking with your neighbors about this? Maybe that might be an alternative.

[LillyLillyLilly]

Unfortunately these are the types of neighbors who don't care a whit whether they bother anyone or not. Another neighbor is getting ready to take them to court over their dog they allow to bark for hours at a time despite 2 warnings from Animal Control. Talking to them accomplishes nothing.

I understand your viewpoint up to a point. It is nice to be able to paint your house the color you want and to put up campaign signs in your yard. I have no problem with stuff that doesn't intrude on my privacy or my property. But things like I mentioned that intrude on your neighbor are way over the line. I mean c'mon, would you invite your SO over for a romantic evening on the deck with it lit up like noon in July? And there's nothing I can build (at least not anything that meets code) to block it. Would you like having friends over for dinner only to look out the window at that lean-to? Would you really be okay living with that?

I guess some people would, and to them I say c'mon in, the water's fine. To people who don't like a daily view of someone else's junk, who like to sit in peace on their deck on hot summer evenings, I repeat the warning. If your neighbor wants to build crap on their property without respect to your privacy, don't expect Code Enforcement to do anything. Expect to end up in civil court.

[jufrbo]

You shoot out the light with a BB gun, do it at night and they won't be able to prove it's you. Keep doing it until they get the point and stop replacing it. I'm being serious, take matters into to your hands.

[Anchorless]

Originally Posted by LillyLillyLilly

Unfortunately these are the types of neighbors who don't care a whit whether they bother anyone or not. Another neighbor is getting ready to take them to court over their dog they allow to bark for hours at a time despite 2 warnings from Animal Control. Talking to them accomplishes nothing.

I understand your viewpoint up to a point. It is nice to be able to paint your house the color you want and to put up campaign signs in your yard. I have no problem with stuff that doesn't intrude on my privacy or my property. But things like I mentioned that intrude on your neighbor are way over the line. I mean c'mon, would you invite your SO over for a romantic evening on the deck with it lit up like noon in July? And there's nothing I can build (at least not anything that meets code) to block it. Would you like having friends over for dinner only to look out the window at that lean-to? Would you really be okay living with that?

I guess some people would, and to them I say c'mon in, the water's fine. To people who don't like a daily view of someone else's junk, who like to sit in peace on their deck on hot summer evenings, I repeat the warning. If your neighbor wants to build crap on their property without respect to your privacy, don't expect Code Enforcement to do anything. Expect to end up in civil court.

Hey, philosophically I tend to agree with you. This is a matter that is fundamental to issues facing large policy land use issues: "what should we as a community allow or tolerate from private property laws and regulations, and relatedly, to what degree should we limit private property rights for the sake of the community?"

Different states (or even counties within states) take wildly diverging views on this, Oregon and Idaho being two such states.

So fundamentally I'm on your side - we as a community, as neighbors, should be able to limit what our neighbors can do (or build) on their property to the extent (and this varies) that it may infringe upon other people. Idaho has historically disagreed with this view, and so I'm also sympathetic to that legacy.

As for practical advice, I really have none for you. You could make it a pissing contest until they either relent, or else the city is forced to step in. Or you can leave it be.

[Syringaloid]

The impression that the local media has given the past few months is that the code enforcement for Boise is getting stricter and more officers are looking for violators.
Have you tried talking to the neighbor and let them know your frustration?
Maybe going to City Hall and asking to speak to the mayor or another head will help. If I had a neighbor who had a light like that I would call code enfocement every day until they did something about it.

[jufrbo]

Originally Posted by Syringaloid

Have you tried talking to the neighbor and let them know your frustration?
Maybe going to City Hall and asking to speak to the mayor or another head will help.

That is actually really easy to do, there is one day a week, I think Saturday, where Mayor Bieter will meet with anyone who wants to for any reason.

[Torrie]

Justin that's funny. though I can't condone this type of action, I do have a sense of humor and think it's pretty funny. On that note, maybe you can go out and buy the same type of light they have and shine it right back at them??

It's unfortunate that people can't be considerate and yes CC&R's are helpful in maintaining order, though there still are people who buy into neighborhoods, but then think the CCR's don't apply to them so it doesn't always save you.

Lilly, can you plant some landscaping to block the light? I know that will be an expense to you especially since whatever you plant will have to be large in size, but it might offer some relief and instant beauty at the same time to your yard.

Though I'm not well versed on codes in various states, I think it's safe to say that it doesn't matter what state you live in, there are plenty of other states that likely lack in codes.

[LillyLillyLilly]

Originally Posted by Torrie

<snip>
It's unfortunate that people can't be considerate and yes CC&R's are helpful in maintaining order, though there still are people who buy into neighborhoods, but then think the CCR's don't apply to them so it doesn't always save you.

Lilly, can you plant some landscaping to block the light? I know that will be an expense to you especially since whatever you plant will have to be large in size, but it might offer some relief and instant beauty at the same time to your yard.

Though I'm not well versed on codes in various states, I think it's safe to say that it doesn't matter what state you live in, there are plenty of other states that likely lack in codes.

At least with CC&Rs there are people who are willing ... nay, biting at the bit ... to enforce them.

A couple problems with planting something - our homes are close together plus there are 2 huge trees there so there's not much sunlight. Also, the previous owner of this house built the deck too close to the property line to plant anything wider than a foot. Those 2 items severely restrict what would grow there. Plus, the tree/plant would have to be 9 or 10 feet high. And as you pointed out, something that tall would cost mucho bucks. $200 X 4 or 5 is way too much to spend on a problem that could be easily remedied by spending $10 on a shield to direct the light downward.

Yeah, I'm sure plenty of other municipalities are the same. I've just never run into this before so I guess I did make the original post thinking most other places would be more strict.

[LillyLillyLilly]

Originally Posted by JustinFromBoise

You shoot out the light with a BB gun, do it at night and they won't be able to prove it's you. Keep doing it until they get the point and stop replacing it. I'm being serious, take matters into to your hands.

LOL Don't think I haven't considered it! When I was painting my house, I seriously thought about just reaching over there with my roller on a 5' pole and painting over the light fixture.

If I was more confrontational, I'd probably do it. But if I were more confrontational, I probably wouldn't be in this situation in the first place. I'm kinda shy and meek-looking and some people think that means they can get away with anything. Till I get mad, then watch out. And now I'm mad.