Your Front Yard: Who’s in Charge?
April 2, 2010 by Kathy McManus
After replacing their grass lawn with wood chips, “drought-tolerant greenery,” and a decorative wooden fence, Orange, California homeowners Quan and Angelina Ha were charged with three misdemeanors for violating a city ordinance that requires landscaping at least 40% of all front yards with “predominantly” live plants.
The LA Times reported that, “Realizing that their front lawn was soaking up tens of thousands of gallons of water,” in the midst of a 2008 drought,“the Has did the environmentally responsible thing and tore it out.” The new landscaping was not acceptable to the city attorney’s office.
“It’s their yard, it’s not overgrown with weeds, it’s not an eyesore,” said a neighbor whose own front yard is planted with fruit trees. “We should be able to have our yards look the way we want them to.” Violators of the landscape law face fines up to $1,000 and six months in jail. “It’s funny that we pay our taxes to the city,” said Quan Ha, “and the city is now prosecuting us with our own money.”
After the Times story ran, the city attorney announced that the case against the Has would be dropped.
Tell us what you think: Should the government have a right to determine what homeowners do with their own front yards?
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37 Comments
What do you think? Leave a comment
May 14, 2010 by raymond butler
I am in a situation as you where in lauderhill fl.
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November 13, 2010 by schwepes man
I believe that property owners should have the legal right to do as they wish with their property without interference from ELECTED gov personnel. Too many so called officials stick their nose too far into the TAXPAYERS business. Sounds very similar to what Hitler did in Germany, and what the gov in France did before the revolution. It sure is strange how modern man and woman has NOT learned from history. The bottom line is this: If the tax paying public doesn't keep a dedicated watch on the local officials, they will take away ALL of our rights a little at a time until it is too late.
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May 16, 2010 by Jeff Dunkin
I think the government should try rain dancing and stay out of peoples business.
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May 19, 2010 by mita
We need to take power back from the government. They should NOT have the right to ANY say so as to what we do & choose not to do w/our property which we purchased w/our hard earned money. We scraped, saved, & sacrificed to have our own homes & provide a better life for our children. Our taxes would be better served if used to pursue real criminals; I do not want my tax money spend over trivial issues on law abiding citizen/legal immigrants because some of laws that were scandalously passed by special interest groups. Frankly the dirty grubby hands of the government needs to stay out of our lives as much as possible. Solution: Let the neighborhood file a petition of complain; give the home owner reasonable time to fix the problems. If they choose not to comply, then ONLY THEN should the city come into play & not until then. The complain should be based on facts & not hearsay; the motion should be only by the neighbors & the petition should be passed around. Over "50%f" of neighbors should sign the petition who happen to live "x" miles radius from the mentioned property. And only they qualify to sign a petition of complain... NO CORPORATE HAS A RIGHT TO VIOLATE YOUR HOME EITHER. ITS YOUR LAND. PERIOD. YOU CHOSE IT; YOU OWN IT; YOU PAY TAXES ON IT. PERIOD.
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September 21, 2010 by Garry
Getting the neighbors together to have a BBQ and all pitch in would be more effective than a petition.
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December 11, 2011 by becky
I agree. This sounds like something I would say and do.
May 23, 2010 by bob chaplik
I am just trying to find out the legal way to put my new 8footx12foot vinyl storage shed in my backyard. I would like to know what the rules are as far as where in the yard it has to be and how close or far from the property line it can or has to be.
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May 30, 2010 by Peter Cecchini
What is the law on putting anything near the road easment in front of your house. Can you plant flowers or trees? How far from the road?
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September 11, 2010 by Sandy DeWitt
Check with your local planning/zoning department to find the answers to your questions.
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September 21, 2010 by Garry
Good reply Sandy.
October 26, 2010 by Martin
Hey,
I had a similar problem. Find a way to put wheels underneath it and call it a trailer. If it is not permanent they cannot call it a shed.
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May 5, 2011 by mbb
I like that idea my prob is if property is grandfathered in is it allowed to be re built ? or just repaired? and as long as us tax payers are law abiding, and we are not building something harmful, why should there be a law as to how many live plants ie grass should be in your front yard? who stays up nights and thinks of these rules to live by? Nice to know that you can move out of your parents house. and still have "parents"
July 1, 2010 by JAMES
MY REPLY IS IN THE FORM OF TWO (2) QUOTES: THOMAS SOWELL SAID: "SOCIALISM IN GENERAL HAS A RECORD OF FAILURE SO BLATANT THAT ONLLY AN INTELLECTUAL COULD IGNORE OR EVADE IT!"
GEORGE WASHINGTON...OUR 1ST PRESIDENT FOR THOSE WHO DO NOT THAT FACT....SAID: "GOVERNMENT IS NOT REASON; IT IS NOT ELOQUENT, IT IS FORCE! LIKE FIRE, IT IS A DANGEROUS SERVANT & FEARFUL MASTER!"
MUST CRAZY RULES DESIGNED BY GOVERNMNET THESE DAYS COME FROM COMMITTES.....! ROBERT HEINLEIN SAID: "A COMMITTEE IS A LIFE FORM WITH SIX OR MORE LEGS & NO BRAINS." TO THIS I WOULD ADD THAT A COMMITEE MUST BE MADE OF AND UNEVEN NUMBER OF MEMBERS SO UNDER ROBERTS RULES...THE CHAIRPERSON CAN VOTE IF A TIE DEVELOPS IN THE COMMITTEE VOTING PROCESS....POWER THEN PREVAILS ,,,,,,IN THE CHAIRPERSON.... YOU DECIDE!!!
FOR ME THE GOVERNMENT SHOULD NOT HAVE ANYTHING TO SAY ABOUT THE PROPERTY YOU OWN EXCEPT FOR HEALTH ISSUES. IT NEEDS OTHERWISE TO GET OUT OF THE WAY!
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September 21, 2010 by Garry
James; remember two words you can't fight,"imminent domain".
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July 1, 2010 by gbm
What about a neighbor who has planted all kinds of flowers, put giant boulders up and plants flowers up to your gate to prevent you from opening it. the giant flowers are on city property which they have dug up once when taking down a tree. They went right back out there and replanted.
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September 21, 2010 by Garry
The gate you are talking about; is it on the property line? Are you invited to the neighbors house, apparently not if they blocked the gate. I think you worry too much about what your neighbor is doing, instead of what you are doing.
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July 5, 2010 by Marty
I don't think there are absolutes on this issue. I don't want government (or homeowner associations, for that matter) making aesthetic decisions for me or anyone else. On the other hand when someone decides they're not going to cut down the tall weeds that present a fire hazard, I have no objection to local government forcing the issue. When someone decides to turn their front yard into a parking place for junk, I have an issue with that and not just because it's unsightly. It has a direct impact on everybody's property values.
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September 21, 2010 by Garry
I agree with you about a "junk yard" in the front yard; if they are not zoned or pay for a permit for their "junk yard". Then again; maybe they just can't do everything you want done in your time frame. Why don't you put on a smile and walk across the street and ask if you can help them with anything? After all, they may have sick parents or children, or money problems they can't help. That could be the reason they are not living up to your standards. As for taxes; I'm sorry friend, but the government is going to go up on your taxes; they are going to take your property along with everybody elses. Because the only way they can do they is to "divide and conquer". As long as you are at war amongst your selves. You allow the wolves in the back door because you're too busy being the neighbor hood "Mr. Monk".
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July 5, 2010 by Dan Amundson
I have a trailer in camp grounds in wisconsin for 8 years I've been paying lot rent and taxes on this property . The owners now have decided that we have to much tarp on our sites and need to tear them up stating they kill the trees. This is not true this material is made for paper machines to let water flow through We the campers love the stuff it prevents the tracking in the trailers sand and dirt any tim you walk in.Since the ground is basicly all sand.Are we grand fathered due to them now making new rules after being there so long and not changing anything?
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July 10, 2010 by ROB SCHUSTER
I am having a situation now thatover 35 years that the hedges in and around my property have been maintained on a weekly basis, they are 53 inches high which has been maintained at this level for 28 years scince my Father passed, now the town has sent me a notice to relieve them to 36 inches whichthey clain is an obstruction any help here? if i trim them to 36 inches they will perish,any suggestions on how to defend this yards pride for all these years against a self serving goverment?
ROb S
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July 17, 2010 by Gerald Watson
Most all homeowners associations and planned developments have CC&R
You get a copy before you buy, if you can't abide by those CC&Rs don't buy the house and buy one where you can abide by the rules. If once you buy and someone tries to change the CC&rs then you must take action to prevent the change. Once the change has been voted on by the members of the association then you must comply with the new rules. CC&Rs have rules and conditions how they can be changed. Be pro active in you association and do not be a complainer or whinery. gerry
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July 24, 2010 by Janice Hartford
Government has no right to do that. Read the Constitution.
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September 21, 2010 by Garry
Sorry Janice, the Constitution is being used for toilet paper by this administration.
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July 25, 2010 by DALTRO PAGANELLA DORNELLES
THIS TYPE OF LOCAL GOVERNMENT INRUSION ONLY HAPPENS HERE IN SOME PLACES IN THE USA. TAKE A LOOK AT HOMES AND PROPERTIES IN OLDER AND MORE MATURE COUNTRIES LIKE ITALY AND GREECE AND SEE IF ANY GOVERNMENT INTRUDES INTO WHAT YOUR FRONT PROPERTY SHOULD LOOK LIKE! IT IS THROUGH ELECTIONS THAT WE MAY GET THE POWER BACK TO THE PEOPLE. THIS INVOLVES REMOVING FROM OFFICIAL OFFICES THOSE WHO CREATE THESE INTRUDING ORDINANCES AND PUTTING IN THEIR PLACES PEOPLE WHO BELIEVE THAT LOCAL GOVERNMENT HAS NO BUSINESS IN DICTATING WHAT YOUR HOME SHOULD LOOK LIKE!
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