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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We live in the unincorporated area of San Diego county. A

Customer Question

We live in the unincorporated area of San Diego county. A new neighbor has moved in and has done nothing but call the county on us (2 years now). She is a lawyer.
The county is harassing us regarding our fencing. Every time she snaps her fingers, the county comes out, even for issues they find no violation for.
We are zoned for horses. We have had to make set backs and put the horses enclosures in the set backs. But now we are being told we are only allowed a 42 inch perimeter fence.
We are also being told we are not allowed to have the horses on any part of our property- except for inside the "enclosures" (12x24 foot pens). We are being told we cannot allow the horses to be worked, ridden or moved on the rest of our fenced property- even though we put them inside the enclosures for 14+ hours a day.
We have been fined and the county is coming back again on Monday to make sure we have lowered our perimeter fence to 42 inches. Just last week we had a pit bull attack on our property- (I have video of this) we actually wanted a higher and more secure fence to keep animals OUT. (My dog is also having puppies on the 20th due to 2 males dogs coming into our fenced property)
All the neighbors surrounding us- including the new neighbor who is doing all the complaining- have 5ft-8 foot fences/walls which aren't even inside the setbacks.
We feel we are being singled out and harassed by the county. At a mediation meeting we went to Code Enforcement Coordinator Steve Murray tried to explain what he meant last time he spoke to my husband when he told my husband "Maybe you should move to Lakeside"
Steve stated when trying to explain his earlier comment (taken directly from audio tape):
"In your retirement find a property out in horses country which is big enough to accommodate your passion, these horses and your riding and your trail work, that's where that comment came from....Part of the fix is finding a property that can accommodate this"
We moved to the unincorporated part of San Diego county in order to be allowed to keep horses on our property. We specifically moved to a zoned "for horses" in order to do this.
Supervisor of our District 1 Greg Cox has made the area of Bonita trail and horse friendly and i find Steve Murrays comments highly unprofessional.
Greg Cox has the power, as the area Supervisor, to waive the county restrictions and allow us to keep a safe fencing for our horses and allow them to be in the setbacks, but this may take a while to achieve- and we are being fined every time the county comes out.
The county codes are so confusing- I have been told by other horses owners/property owners that what the county is saying is not right- it doesn't even make sense.
But we are looking for some kick ass attorney who knows county codes to help us deal with the county and their harassment of us. As of our neighbor, I'm going to have to get a restraining order in place as she's escalating and has gone as far to be aggressive towards us while driving her car when we were walking out horses. (we have a witness to this who is willing to testify.)
Can somebody help us?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question.
I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
You are NOT being charged for this response and you can contact customer service at http://ww2.justanswer.com/help for a refund of any deposit if you like or at***@******.*** or you can call Just Answer customer service at(###) ###-####
Customer: replied 9 months ago.
I should have listed this FIRST:We are being hit now with:SDCZO Section 3112- animal enclosure setback table most restrictive
SDCZO Section 4810- Setback Schedule - Designator "G"Basically we are being told we are not allowed to have our horses on any part of our property
except for inside their pens.
Expert:  Law Educator, Esq. replied 9 months ago.
I am sorry, but as you said you need a local attorney and we are forbidden by law from representing you. So, please use one of those sites above to engage local counsel.
Customer: replied 9 months ago.
Would anybody happen to know if what the county is stating is true or not.
Are we not allowed to have our horses on our property unless they are inside
a pen?
Customer: replied 9 months ago.
I can look for an attorney later then- thank you.
Would anybody happen to know if what the county is requiring is correct?
Are we not allowed to use our property in a lawful manner?
Expert:  Law Educator, Esq. replied 9 months ago.
Here are the SD County Zoning Ordinances: http://www.sandiegocounty.gov/pds/zoning/z3000.pdf
It does not say you have to keep them inside anywhere in that ordinance and it provides for pastures and riding areas.
If you wish further service, since we said we would not charge you because you initially said you wanted representation, and you are going to continue to ask questions, then you would have to be charged for further information.

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