Civil VS. Code Issue
The best approach for items that must be resolved between landlord/tenant or between neighbors is to communicate respectfully and be mindful of one another when explaining the concern related to the problem you are experiencing. Avoid threats and aggressive behavior. We always suggest you thoroughly review your lease or rental contract. Though we cannot advise you we do suggest seeking legal advice before withholding rent or taking any other action.
Situations handled between neighbors involve issues such as a fence installation near the property line, continuous complaints regarding the same property address which have been investigated and declared unfound, idling vehicles, food odor, and any property damage caused by the neighboring property owner/tenant. Positive, respectful, and calm communication with your neighbor is the best first approach.
Common Code Enforcement Violations that are investigated include:
- Unpermitted construction
- Junk, trash, and debris in public view
- Poor pool maintenance
- Overgrown or dead vegetation
- Inoperable/abandoned vehicles on private property
- Zoning violations
- Substandard housing
Common concerns that should be handled by the owner:
- Leaking fixtures
- Dirty floors/carpet
- Minor visible mold around the kitchen and/or restroom area
- Clogged plumping
- Garage door properly working
- Air conditioning noise level
Now let’s review...
The wall or fence needs to be repaired or replaced, however the property line is unknown.
The City does not have information pertaining to property lines, such information is determined by hiring a surveyor.
My neighbor and I are not in agreement about repairing/replacing the fence/wall, what can we do?
In the case there is no agreement regarding the cost of hiring a surveyor or obtaining a notarized statement, this is now considered a civil matter in which the City does not get involved. It would now escalate to small claims court.
Trees or hedges that hang over the property line/fence
Generally, anything that hangs over the property line can be trimmed back as long as it will not adversely affect or kill the tree. If the neighbor refuses to trim back their tree and it is not a protected tree, then it is up to the neighbor to seek legal advice about trimming it back. Anything hanging over to the adjacent property can be trimmed/cut back by the homeowner/resident.