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  1. #76
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    Sep 2005
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    PRB
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    21,118
    Quote Originally Posted by stuckathuntermtn View Post
    How does it work with a setback, though? Doesn't it become kosher after long enough of not complaining about it?
    Not to my knowledge; when you violate the municipality code you don't gain "freedom" from it simply because it did not come to their attention in time. There is no property rights of the OP at play, there's nothing he can lose or that his neighbor can gain possession over. And while it is typically a neighbor complaint that brings a violation to the municipality's attention, it is not the neighbors' responsibility to bring it to their attention. It is the homeowner's responsibility to properly permit his work and obey codes (and it sounds like this should have been permitted, at least it would need to be in my jxn).

    If your theory were correct, think of the perverse incentives that would create.
    "fuck off you asshat gaper shit for brains fucktard wanker." - Jesus Christ
    "She was tossing her bean salad with the vigor of a Drunken Pop princess so I walked out of the corner and said.... "need a hand?"" - Odin

  2. #77
    Join Date
    Jan 2008
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    truckee
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    10,589
    Around here if you manage to get away with building in a setback they're not going to make you tear down your house but if it's something like an ac unit they can make you move it no matter how long it's been there.
    In Sacramento the rule is so many decibels at the neighbor's property line--applies to AC's and any other noise source. Around here in Truckee no one has AC of course (but will someday)--the big one is light trespass. By code the external lights can't be visible from the neighbors. Not many people pay attention to that. I just unscrew the lightbulbs on the rental next door when no one is there.

  3. #78
    Join Date
    Feb 2010
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    north aspect
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    43,572
    Quote Originally Posted by old goat View Post
    I unscrew the lightbulbs on the rental next door when no one is there.
    i’ve done that
    bF
    Alpental Indigenous

  4. #79
    Join Date
    Mar 2006
    Location
    Missoula, MT
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    19,978
    Quote Originally Posted by Danno View Post
    Not to my knowledge; when you violate the municipality code you don't gain "freedom" from it simply because it did not come to their attention in time. There is no property rights of the OP at play, there's nothing he can lose or that his neighbor can gain possession over. And while it is typically a neighbor complaint that brings a violation to the municipality's attention, it is not the neighbors' responsibility to bring it to their attention. It is the homeowner's responsibility to properly permit his work and obey codes (and it sounds like this should have been permitted, at least it would need to be in my jxn).

    If your theory were correct, think of the perverse incentives that would create.
    Well ok, then.
    No longer stuck.

    Quote Originally Posted by stuckathuntermtn View Post
    Just an uneducated guess.

  5. #80
    Join Date
    Dec 2012
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    I smell poutine!!!
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    8,007
    Quote Originally Posted by flowing alpy View Post
    i’ve done that
    How do you unscrew the DBs daughter though? Tougher job, that.

  6. #81
    Join Date
    Mar 2012
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    The Bull City
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    3,789
    How much does it cost to move the HVAC A/C unit? I bet it's somewhat of a major undertaking in terms of money and work hours.
    Go that way really REALLY fast. If something gets in your way, TURN!

  7. #82
    Join Date
    May 2009
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    pdx
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    11,820
    Quote Originally Posted by SumJongGuy View Post
    How much does it cost to move the HVAC A/C unit? I bet it's somewhat of a major undertaking in terms of money and work hours.
    A new lineset & power to the unit
    price depends on location/length

  8. #83
    Join Date
    Dec 2005
    Location
    Watching over the valley
    Posts
    2,687
    Why don't you invite him over to chill in the sunroom, and when it kicks on, you can say oh man, there it goes... How about some sort of sound deadening material along his side of the fence? There have got to be ways to sort of hide/reduce noise. A buddy of mine has a house in cottonwood heights that goes right up against 215. The sound deadening wall is very effective. You would never know there was a freeway right there.

    sent from Utah.
    sigless.

  9. #84
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    Dec 2008
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    4,916
    Quote Originally Posted by riser3 View Post
    How do you unscrew the DBs daughter though? Tougher job, that.
    ya that's unpossible. Once you enter the lair you are forever etched in the visitor log.

  10. #85
    Join Date
    Mar 2012
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    The Bull City
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    M-80 under the compressor during the next thunder storm... Man did you hear that bolt of lightning that hit your A/C unit??? Hopefully the new unit will be quieter..
    Go that way really REALLY fast. If something gets in your way, TURN!

  11. #86
    Join Date
    Oct 2005
    Posts
    10,556
    Pee in his sink
    Garnish his wages
    Sell him a timeshare
    In that order

  12. #87
    Join Date
    Jan 2008
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    truckee
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    Quote Originally Posted by SumJongGuy View Post
    How much does it cost to move the HVAC A/C unit? I bet it's somewhat of a major undertaking in terms of money and work hours.
    I can't remember what it cost to move ours but not much. We moved from the back, under our bedroom window, to the side next to their bedroom window. Actually it's up front next to their living room which to the best of my knowledge has never been entered by a human being since they moved in. And we almost never use it.

  13. #88
    Join Date
    Jan 2010
    Location
    Colorado
    Posts
    405
    You could put a stick in the the fan and lock the motor. It would melt the fuses, then you can take out the stick. After the 3rd set of fuses he will replace the unit.

  14. #89
    Join Date
    Oct 2018
    Posts
    37
    Does this kind of thing really happen as an honest mistake? I kind of doubt it unless he installed it himself which seems unlikely with the major work described. The neighbor has made it clear how much he respects you so I don't think you owe him any back. Talking it out is just going to get you lies and excuses and no action. There's a reason he didn't ask for your blessing or a variance.

    I would think the AC installers should know the code- do they have any liability here?

  15. #90
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    Jan 2008
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    truckee
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    Quote Originally Posted by Garbowski View Post
    Does this kind of thing really happen as an honest mistake? I kind of doubt it unless he installed it himself which seems unlikely with the major work described. The neighbor has made it clear how much he respects you so I don't think you owe him any back. Talking it out is just going to get you lies and excuses and no action. There's a reason he didn't ask for your blessing or a variance.

    I would think the AC installers should know the code- do they have any liability here?
    Maybe another alternative is to call the installer--if you are lucky enough to know who they are--and mention that the installation is against code and you'd like to give them a chance to fix it before going to the city. Around here the first thing an inspector asks me is who did the work. If it's someone with a good reputation they don't spend a lot of time looking it over; sometimes they just sign off without looking at the work. So I assume contractors and subs want to stay in good standing with the building dept.


    In speaking to the neighbor it's also worth subtly hinting that if the city gets involved there's the issue of permits which is a can of worms he doesn't want to open. (I can't recall if you said there was or wasn't a permit; I'm assuming not if not up to code.)

  16. #91
    Join Date
    Aug 2006
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    5,183
    I think that might be reading a bit too much into the placement of an AC unit.

    Moving one's own AC from their backyard to the side is not a respect issue. Most likely the thinking was "hey AC guy move this" and that was it.
    Live Free or Die

  17. #92
    Join Date
    Oct 2018
    Posts
    37
    Maybe I am giving the AC installers too much credit for knowing the local rule. OP did say he thought the neighbor must have known the rule and with major work that was probably professionally designed I lean that way too.

    On the other hand, Hanlon's razor is "Never attribute to malice that which is adequately explained by stupidity."

  18. #93
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    Mar 2012
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    The Bull City
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    Quote Originally Posted by Garbowski View Post

    I would think the AC installers should know the code- do they have any liability here?
    Last and every semi major home project we've done that involved any work around setbacks, any plumbing, or any electrical wiring required several visits from city building inspectors. Wouldn't this project have also required inspector blessings?
    Go that way really REALLY fast. If something gets in your way, TURN!

  19. #94
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    Jan 2005
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    Access to Granlibakken
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    7,054
    Bear spray.

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