Threatened to be given a fine if car is not moved?

[01NightHawk]

I know this is is a matter of Department of Land Use but I just wanted the opinions of the officers here on TST about this issue.


New Castle County - Delaware

Within the past 3 days, I moved my car to my grandparents where I usually keep it during winter in their driveway. I need to send my rear shocks out to get rebuilt so I have the rear on jackstands right now with the cover on the car. No mess, no eyesore. I've been there daily from 11am until after 5pm working on it trying to get everything back together and ready for when the shocks come back in a month.


Today someone from the county left their card on the door with a horribly written note on the back threatening to fine if the car is not removed. No nock on the door, no formal letter referring to the violation at hand. This in return got my grandmother all worked up and worried (90y/o lady this is the last thing she needs to worry about) I've called and left messages with no return thus far.


I know there's a law that states that a formal notice informing of the violation is required to be given in order for the owners to be aware of the issue at hand with which laws are being broken and a time frame to have it resolved. My question is: do they have the right to fine us let alone do anything if i'm working on the car trying to get it fixed? There are cars in this neighborhood that have not moved in 15 years just falling apart in the open where mine is covered with no mess. I have no idea why someone would call in a complaint.

Thanks for the time.

[the_204]

Is your car in the street? Thats my first question. Secondly can you see the jackstands. These are questions I ask because in most cities towns etc. There is somekind of ordinance for that. The car appears to be abandoned or in your case, a health and safety issue. Children may get hurt around the vehicle. You may think it sounds retarded but whats to say some kids are playing around the car and it falls.

Now if this vehicle is in their driveway, something that we here class as "private-property", That would be wierd that they would do that. The only way I can see them bothering on private property is if there were animals or something living in it.

[01NightHawk]

The car is in the driveway as close to the house as I can get it - Not a small driveway either, can fit 4-6 cars depending on the size so 30' or so in length.

Yes, the jackstands are visible. Only reason it is even on them is because I've been over there every day since I moved it for winter storage (last Saturday i think it was) trying to fix my issue with the suspension. It would have only taken me until I got the parts in to toss everything back together and have it on the ground (so next friday at the latest). I would take it to a shop, but i'm currently without a job and heard there's a good possibility of being hired at one i applied to within the next month. So doing this myself, right now, is my only option.

No animals living in or around it. Clean, practically brand new cover is on the car so it doesn't look like a bunch of tarps. In that specific part of the development, there are no children. They're mostly elderly with the exception of the new neighbor next door and a few others down the street (out of view). I would be concerned myself of the chance of any kids playing around it, but beings there are none than i don't see an issue- it is on the lowest setting on the jacks as well.

Car is insured, registered, and tagged. No existing violations or anything on it or parts hanging off that would draw attention to it.

If the county representative that came out had at the least knocked on the door to explain what the situation at hand is or at least gave a properly documented notice of violations - there wouldn't be any concern. But that unfortunately didn't happen.

[the_204]

Originally Posted by 01NightHawk

The car is in the driveway as close to the house as I can get it - Not a small driveway either, can fit 4-6 cars depending on the size so 30' or so in length.

Yes, the jackstands are visible. Only reason it is even on them is because I've been over there every day since I moved it for winter storage (last Saturday i think it was) trying to fix my issue with the suspension. It would have only taken me until I got the parts in to toss everything back together and have it on the ground (so next friday at the latest). I would take it to a shop, but i'm currently without a job and heard there's a good possibility of being hired at one i applied to within the next month. So doing this myself, right now, is my only option.

No animals living in or around it. Clean, practically brand new cover is on the car so it doesn't look like a bunch of tarps. In that specific part of the development, there are no children. They're mostly elderly with the exception of the new neighbor next door and a few others down the street (out of view). I would be concerned myself of the chance of any kids playing around it, but beings there are none than i don't see an issue- it is on the lowest setting on the jacks as well.

Car is insured, registered, and tagged. No existing violations or anything on it or parts hanging off that would draw attention to it.

If the county representative that came out had at the least knocked on the door to explain what the situation at hand is or at least gave a properly documented notice of violations - there wouldn't be any concern. But that unfortunately didn't happen.

can't speak much about it because it is Delaware but I find that strange to get that on private property. I can find out and get back to you.

[01NightHawk]

It would be appreciated.


I've looked into the laws listed on the New Castle County Land Development site - and all i can seem to find is the same thing I've known about; they need to give a properly documented notice and I have within 12 days of issued notice to correct the violation.

Just don't want to take a chance with this since it's not my house. Parts will be in Monday but who's to say if it was a bluff or we'll have a fine or something by then.

[01NightHawk]

Little update:


The guy finally called back and although I told him the parts will be in by Monday, and I read and understand the laws on the site that was listed on the card he left with the crudely written note - he ignorantly replied that its his under his discretion, he makes the rules and that If I choose to argue with him and fight the law than he will right me up for a felony. That the car is a risk for children to be injured if playing around - although there are no kids on that entire street, and I have no idea why they would be near a car that is blocked in a driveway. I asked him If it would be allowed If I blocked off the bottom surrounding of the car so no "kids" could possibly gain access to it and he told me I would normally have 10 days to correct this - but he's giving me 24 hours or he will have me written up and the car towed.

Unsure how he can get me for a felony if I have done nothing wrong....


There is still no legal documentation in regards to this entire ordeal - no formal notice given still.


So now in fear of him not bluffing, i'm stuck borrowing a set of rear shocks/springs and putting them on the car - while my UCA ball joints are just bare with no boots, as well as no toe rods - and setting the car on the ground/ moving it to avoid further issue.

[the_204]

The only felony I could even think of is Agg Assault but you'd have to have physical contact for that. Sounds like this dude is just being a jerkoff. However I thought for sure the jackstands would be the problem but I'm still trying to figure out how on private property

[01NightHawk]

Immobile vehicles is what it "would" fall under. However since i've been there every day working on it - it's only left unattended over night, while blocked in by other cars. Insured, registered and tagged unlike other cars in this neighborhood.



I ended up getting my hands on a set of rear shocks last night from a friend. Spent from 5-10 last night and got everything back together except the seized toe arms and the now shot balljoint on the driver side. Car is on the ground but still blocked in.

[the_204]

And thats a felony?

[01NightHawk]

Yeah, that's the same mind-blowing thought i keep having - I just can't see it being possible.

Unless I could be charged with a felony for kids getting injured from playing around it or somehow causing the car to fall on them? Which wouldn't make sense still since kids can get hurt anywhere, there's no possible way for the car to move, there aren't even any kids around, and the only time it's left unattended is over night.

As quickly as he blurted everything out in the threatening manner he did, after I merely stated that I was reading through the site listed on his card - maybe he just wanted to scare me and avoid answering any questions I had in regards to what I had read.


I'll never understand how someone so ignorant and unprofessional can have the "authority" he claims to have. This is a first with an inspector let alone any officer...

To avoid another confrontation, I'm going to limp my car out of this development to another driveway once the roads clear up. Unfortunately to a neighborhood that leaves me uncertain if my car will be left untouched or not. This incident has started to cost me now.