Hello amartyr-ga:
I don't think you're being a martyr at all. (Although you most
certainly shouldn't be offering to help pay to build a new wall!
That's your neighbor's responsibility.) But I'd be plenty upset too if
I had to look at that wall. I'd also be concerned about just how safe
that wall really is, especially in a region prone to mudslides and
earthquakes.
I consulted my favorite lawyer, and he suggests that you contact the
Los Angeles Department of Building and Safety, and "pursue the repair
work as a code violation."
The Los Angeles Department of Building and Safety's site is:
http://www.ci.la.ca.us/LADBS/body_property_complaints/body_property_complaints.htm
"Our Mission: To preserve and enhance the safety, appearance and
economic stability of our community through the diligent enforcement
of applicable ordinances and land use regulations. If you wish to
register a complaint regarding any of the issues described below,
please call 888-LA-4-BUILD (888-524-2845)."
The department should be able to tell you if the patchwork material
your neighbor has used to build a new wall, "old plywood and old metal
roofing," is acceptable under Los Angeles's safety code. They'll also
likely send out an inspector to check the wall.
The matter may be resolved then and there, if the wall doesn't meet
code.
The potential problem for you, of course, is what if this god-awful,
ugly wall actually meets L.A. safety code standards?
I searched for county codes by using:
"Los Angeles safety code 'retaining wall'" and I found this page from
the aforementioned Los Angeles Department of Building and Safety,
regarding retaining walls:
http://netinfo.ladbs.org/ladbsec.NSF/6b098851d1b9ce3388256a9d006fddc8/d42e4b4cbed3805088256b870055fdac/$FILE/IB-P-BC%202001-83%20Retaining%20Walls.pdf
This material is very technical, and was clearly written by and for
engineers. However, glancing at it might give you *some* idea if your
neighbor's wall conforms to code.
I also found this case, "Request For Alternate Material Or Method Of
Construction" in the matter of a "Retaining Wall Built With Unapproved
Materials":
http://216.239.51.104/search?q=cache:XKqj6hlSqmcJ:netinfo.ladbs.org/ladbsec.NSF/0/20d3e9ac12d52ad688256a3900724344/%24FILE/G-ReqMod18-0403.pdf+Los+Angeles+safety+code+%22retaining+wall%22&hl=en&ie=UTF-8
In the above case the property owner asked that a 1-foot high
retaining wall, built with "wood" and "rubble," be allowed to "remain
onsite without obtaining a building permit and calling for department
inspections."
The property owner was granted that request, but with this caveat:
THE OWNER SHALL FILE AN AFFIDAVIT WITH THE COUNTY RECORDER'S
ACKNOWLEDGING THAT THE WALL WAS BUILT WITHOUT PERMIT AND CITY
INSPECTIONS, AND THE OWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY
DAMAGE TO THIS PROPERTY AS A RESULT OF ANY FAILURE/PROBLEM FROM THIS
WALL.B. SHOULD THE WALL SHOW ANY SIGNS OF DISTRESS OR FAILURE, IT
SHALL BE REPLACED WITH A CODE-CONFORMING WALL UNDER VALID BLDG.PERMIT
AND WITH REQUIRED DEPT. INSPECTIONS, OR THE WALL SHALL BE REMOVED AND
THE SITE SHALL BE RESTORED TO ITS ORIGINAL CONTOURS."
If you're on speaking terms with your neighbor, you may want to let
him know that if that wall collapses and your property is damaged, he
will be completely liable. It might even be worth paying a lawyer a
couple of hundred bucks to write such a letter on your behalf. Yes,
your neighbor will be ticked, but he'll eventually simmer down, and he
may realize that he can either spend a few thousand now to have a
proper concrete wall constructed, or he can potentially face tens of
thousands in legal fees, should that wall collapse and damage your --
or someone else's -- property.
If your neighbor's fence somehow manages to meet safety code
requirements, it's possible you could then fight this battle on
aesthetic grounds. Many zoning laws address aesthetics, as well as
safety, particularly in cities -- and neighborhoods -- with solid
property values.
As you probably know, Los Angeles has overhauled its zoning
bureaucracy over the past few years. Frankly, I had a terrible time
finding information on zoning in Los Angeles. I did find this page on
zoning ordinances at the Department of Building and Safety's site:
http://www.ladbs.org/Zoning/Zoning_Info/zoning_info.htm
You can also approach the Los Angeles city council and seek their help
regarding aesthetic and safety issues related to the wall:
http://www.lacity.org/council.htm
That page also lists a directory of council members for each district
within Los Angeles. You should e-mail the council member who
represents your neighborhood.
I also searched using the term: legal dispute neighbor "retaining
wall," and I found this July 24,1998, "Alan's Law" column (written by
attorney Alan Seher) from Napa, CA's "Wine County Weekly's Real Estate
Reader," at:
http://rereader.com/alanslaw/alanslaw72498.html
Scroll down to the second letter, which begins: "Dear Alan, We have
had an ongoing dispute over a property line for over a year with our
neighbor of 10 years. Although the issue of where the property line
has been resolved . . . the neighbor has erected an unsightly wall
using 2" x 8"'s staggered down the hill. We are not certain whether
this may have been called a retaining wall or if it is being called a
fence."
You'll see that the letter goes on to address encroachment, as well as
aesthetics. (The letter writer lives in a gated community that is
governed by a homeowner's association. But the fundamentals of meeting
code, investigation, and resolution remain pretty much the same.)
In his answer, Seher notes the long history of the "spite fence" (!)
and advises, "The next level of investigation is with your local
government, whether it be a city or county. Both the building
department and the planning department have a say in the building of a
fence. The building department makes sure that the fence is up to
current building codes and standards. If it is a retaining wall,
sometimes engineered plans are needed. The planning department
regulates things like the height of the fences, setback requirements,
and may sometimes regulate aesthetics."
Seher ends by saying if all else fails, the complainant will have to
hire a real estate attorney to settle the matter over his neighbor's
wall. You will have to do the same, if neither the county or city
government can help you.
You can also contact the Los Angeles County Bar, which runs an
arbitration program that settles disputes between neighbors. You can
read an article about the process "Arbitrate, Don't Litigate, Your
Neighbor Disputes," at Yahoo.com's "Finance Center":
http://loan.yahoo.com/m/living4.html
See the L.A. County Bar's Dispute Resolution Services (DRS) site at:
http://www.lacba.org/showpage.cfm?pageid=23
and scroll down to "Community Services: This community mediation
project helps people settle conflicts which may result in court action
. . . ."
Contact the Bar's DRS at:
DRS
261 South Figueroa
Suite 310
Los Angeles, CA 90012
Phone:(213) 896-6533
Fax:(213) 613-1299
Fax:(213) 627-1426
E-mail:drs@lacba.org
The poet Robert Frost said "Good fences make good neighbors." Let's
hope he was right.
If you need any further explanation or assistance, please request
clarification before rating my answer.
I hope my research has helped you, and I wish you the very best of
luck in this matter.
Regards,
nancylynn-ga |
