Neighbor across the street on the private way is parking his 2 vehicles on the street across the street from my driveway making it unsafe and difficult to me and my family to get in and out from my driveway. In addition he has tow truck and second small commercial vehicle on his property. City ordnance clearly says $4.2 / 4.226 "... Not more than one commercial vehicle may kept on the lot or on a parcel consisting of more than one lot in the same ownership; and provided further that the GROSS VEHICLE WEIGHT of such commercial vehicle shall not to exceed 9900 pounds."
This has been going on for 2 years now. I have asked city building department to help me with this since it is a zoning violation. No results. I had a meeting with Mayor and no results as of today. I also had community police to set up a meeting with my neighbor to solve the problem and no results. I feel that I have used all my options to fix this problem with my neighbor and no results. I feel like because he is a fireman from next town he gets a "break" on following rules.
If the area is a legal parking spot (no signs or other restrictions due to other reasons such as feet from corner or fire hydrant, etc) he can park there. If it is truly a hazard, contact your trafiic commission or city council to have the area designated as a no parking area. As far as the commercial vehicles, if the small one is below the weight listed above, he is not violating zoning.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
If it is legal to park on the street in that spot, I see no issue here. If it is legal to park the commercial vehicles on the street (I am not sure the restriction you cite would apply to the street), but at the moment he is illegally parking them on his property, i.e., in his driveway, be careful for what you wish for - he could cure the illegality of having them in his driveway by moving them to the street, making your situation worse. I agree with the suggestion of trying to establish a no parking area, or otherwise continuing to pester city officials to intervene. But again, if these are legal parking spaces, I'm not sure there is any recourse beyond a change in parking rules or voluntary cooperation..
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
You mentioned that this is a private way. In a private way, ownership often goes to the center of the street from the properties on either side. That means that your neighbor has a right to use his side of the street to park his vehicles. Likewise, you cite a zoning law, but a lawyer would have to review the zoning plans and laws in more detail to ensure you are reading this correctly. If your neighbor is interfering with your use of your property, it may be possible to file a private nuisance lawsuit to have a court order him to stop, but this might require an expensive court case and there is no provision for attorney's fees.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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