Can a Town Order You to Clean Up Your Yard

me and my sister inherited my dads property where he used to have a lot of stuff on the property. Over the last year me and my sister age got a lot of the stuff off the property we've actually got more then they wanted off. Now ever time we get more done he add more now this is what the wrote us.

Dear Tonya and Ben: The Stoddard Selectmen are not willing to meet with you. There is no room for discussion or compromise. The Board of Selectmen want the whole site cleaned up immediately. As I pointed out in my letter of January 19, 2016 to Ben, under Stoddard Zoning you may not use that site for any kind of storage – it violates Zoning. I am working on an amendment to the pleadings to add a count which alleges that your current use of the site is prohibited under the Stoddard Zoning ordinance. I will amend the prayer for relief to ask the court to require you to immediately remove everything from the site, and to assess a fine for every day that anything (vehicles, plows, trailers, machinery, junk – whatever) remains on the site. Sam

Sam Bradley (Homer S. Bradley, Jr.)
Bradley & Faulkner, P.C.

Someone told me to read the common rights law book and title 18 page 241-242 he called the book blacks law book. Has anyone ever heard of it I can't find it anywhere to read it.

You didn't indicate your state, but I'm going to make a wild guess that we're talking Stoddard, NH. Bradley appears to often represent the town in legal matters.

Blacks Law is a legal dictionary. I suspect they're politely telling you that you need a better understanding of the law.

They're clearly unhappy with your progress and I suspect there's history here dating back to your father's ownership. As owners of the lot you are responsible. Your only real options are to clean it up or get an attorney of your own involved.

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Quoting ben1818

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Someone told me to read the common rights law book and title 18 page 241-242 he called the book blacks law book. Has anyone ever heard of it I can't find it anywhere to read it.

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Not going to help you.

The answer to your question is, yes, the town CAN do it and IS doing it. You've had plenty of warning, you're not working fast enough. Get busy, hire some help if you have to. It'll be cheaper than piling up daily fines.

I have read through what appears to be the Stoddard, NH zoning ordinance and frankly I don't see anything that says you can't store anything on any property. Maybe there is another ordinance that forbids it. What were you sited for by the Enforcement Officer?

But I did find continuing non-conforming use shall be permitted if it existed before 1989.

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Any non-conforming use of land or buildings lawfully existing at the effective date of these regulations may be continued or may be reestablished after a discontinuance not exceeding one year. Non-conforming uses may not be expanded. Changes from an existing non-conforming use to another non-conforming use are not permitted.

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So depending on what your father used the property for (such as a business) you may have a non-conforming use if it was not abandoned.

You should have an attorney review the zoning and any other ordinances of the town ASAP.

That's not the zoning ordinance, that's the planning ordinance. Other town ordinances here: http://stoddardwi.tripod.com/id40.html

Budwad and Ron, you're both referencing different towns. One is in Wisconsin and the other is in New Hampshire. and so far the OP hasn't stated which one, or hasn't when I wrote this, but given the listed law firm it's the NH town.

In StoddardNH there aren't zoning rules, as such, or if there are, they aren't listed and aren't available online from there towns website. The only rules I could come up with were the ones that Budwad linked. There is a Zoning Board of Adjustment but I couldn't locate any rules beyond procedural (google failed me).

That said, many communities have rules regarding large quantities of junk on properties as it's a nuisance and eyesore at best and a risk to health at worst. If the town is going to start fining then it's been an ongoing issue for some time. I'd guess, if I had to, that they're using Art. IV 2.3 of the Community Planning Ordinance.

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ARTICLE IV - Commercial and Industrial Uses

1. Commercial and industrial uses may be allowed in the Rural District by
special exception from the Board of Adjustment which shall determine that there
is adequate off-street parking and that there will be no nuisance to the
neighborhood in which they are to be located by reason of noise, dust, smoke,
odor, illumination or other hazard to the public health.
2. Home Occupations: A home occupation will be permitted in all districts if it
conforms to the following:

Definitions:

1. A Home Occupation shall be carried out by resident members of the premises
and not more than (1) one other, on site full-time equivalent worker. It shall
involve only a service provided or a product produced by those persons.
2. It shall be operated entirely within a principal living unit and/or existing
accessory structure. The primary purpose of the building shall be for dwelling
and the home occupation shall be secondary.
3. It shall result in no external evidence of the enterprise except for a permitted
sign (see Article XIV of the Community Planning Ordinance). Exception:
locally grown agricultural products, produced or grown on the premises, may
be displayed. It shall not have an adverse effect on the environment or the
surrounding properties as a result of noise, odors, smoke, dust, lights, soil,
water or air pollution, significant increases in traffic or in parking
requirements, or as a result of other nuisances.

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I added the bolding (and cleaned up the formatting a bit as it didn't come across). While the wording and formatting is clunky here, the lower section that addresses adverse effects, I feel quite sure that this wouldn't be included in the exception that refers to produce. You could go the other way though, and insist that this is covered under the exception but I think you'll have a distinct uphill battle there. I suspect that was to be the 4th under Definitions.

Oops...wrong state you're right. My Wisconsin stuff is inappropriate (though oddly, I was fairly sure I had started on the Stoddard, NH) site when I did this.

Let me guess at something here that i suspect is more likely


dad was a packrat. He might have been a hoarder.

His property was filled with junk and he loved his junk.

If that is somewhere close:
town was probably after dad for years to clean up his property. Town took his death as the opportunity finally have the property cleaned up.


Given this is already in court, unless op is comfortable in court not hiring a lawyer is not a choice. I suspect op's best argument here is to seek some specified period of time to be allowed to clean it up (and abide by it) but given the statement of just what needs to be cleaned up changes, to seek a clarification of what must be cleaned up would be wise as well. I suspect the town is being quite liberal with their definition of "used for storage" as an ordinance is not going to typically prevent a property owner from storing their own personal property on their land.

Well, first of all, this is not in court yet. It appears that (or should I say that I assume) someone got pissed off and complained to the town Board. Then the enforcement officer issues a letter of violation based on some iniquitous statement that the storage of vehicles, machinery, trailers, etc. is a violation of the zoning ordinance and must be cleaned up.

There is no property maintenance code that I could find online. Now, since there is non-compliance with the letter of violation, the town is taking it to court for additional remedy since it does not appear that they have any ordinance stipulating what the penalties will be for non-compliance. They do have this in the Wetlands section of their ordinance:

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A. The Board of Selectmen is hereby authorized and empowered to adopt such rules or organization and procedures as are necessary for the efficient administration and enforcement of this ordinance.

B. Upon any well founded information that this ordinance is being violated, the Selectmen shall, on their own initiative, take immediate steps to enforce the provisions of this ordinance by seeking an injunction to the Superior Court or by any other appropriate legal action.

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But it doesn't say what that action could be. And a Wetlands ordinance is not property maintenance or zoning for that matter.

I don't think the father was a hoarder in the usual sense. He collected all this stuff as a potential windfall someday.

So the attorney that said they were Working on an amendment to the pleadings was lying. Ok

No he may not be lying. He hasn't yet submitted the complaint to the court . This is all a bluff at this point. OP likely has not been served with a summons of a pending court action .

Don't you find it odd that an attorney would write a letter like the one OP posted that doesn't site the ordinance that is in violation? Where is the law that OP is in violation of?

Did I find it odd they didn't cite an ordinance? Not in the least. I've lived in a township that acts just like that. In fact, if I'm close to correct on the situation, I've lived it.

and that is why I say the best action for the op is to actuslly get it into court. The township board yammers a lot and can make things very difficult. Getting it into court where a judge can impose enforceable demands and allowances, that is where the op is best served.

I don't disagree that a court venue may be the best place to resolve the issue. But there has to be a law, an ordinance that someone is in violation of. What is the law?

So would it be OK with you if I were the enforcement officer of your township and I sent you a letter of violation because your town council or board didn't like the color of your house? No ordinance, no law, they just don't like it.

There has to be something behind the enforcement. Not to just say, "you are in violation of the zoning laws."

The property has had plows and equipment on it sense 1963. Also the town hired my dad to plow the town roads in 1978.

The state is New Hampshire

Well, I have enough sense to research the ordinances to determine if there is in fact a violation. Very few zoned townships don't have ordinances and most I have read have incorporated some sort of ordinance that would allow a demand a property be kept tidy.

Especially if there are no ordinances that would require op do anything, getting this in front of s judge would be beneficial. Obviously a judge cannot demand compliance with a non-existing ordinance so if the lawyer is bluffing, it will be discovered there (of course the best action for the op would be to research this before it gets that far though). If the township actuslly takes this to court to enforce a no -existing ordinance, well, I can't think of a better way to prove the actions of the township are illegal and obvious harassment. If you stop them before it gets to court they just go "whoops, our bad"


This benefits not only the op in this situation as things go forward, it helps everybody in that area that has been subject to unwarranted harassment.

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Quoting ben1818

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The property has had plows and equipment on it sense 1963. Also the town hired my dad to plow the town roads in 1978.

The state is New Hampshire

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so, is this a residential or commercial property?

has the township taken action previously to seek your father clean up the property?

My dad had a lot of older equipment and parked the plow trucks there for the summer. Basically when the equipment isn't on a job site it sits there. He also had containers there to put tools in and spare parts. What I'm not understanding is there telling me I can't park registered and inspected stuff on the property.

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Quoting ben1818

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The property has had plows and equipment on it sense 1963. Also the town hired my dad to plow the town roads in 1978.

The state is New Hampshire

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From what I have found online from your township, the ordinances that they have passed is to satisfy State and Federal mandates. There is no comprehensive code of ordinances to address all the instances that come up in enforcing the development and maintenance of a township. Pretty Mickey Mouse if you ask me. Your township doesn't appear to have a municipal court.

I still advise you to consult with an attorney before you receive a summons to appear in county court.

The town has been dealing with my dads property sense 2000 and they have made agreements with him. He's done what they've asked many times and every time he meets what they want they add something else in. It's the same with sense he's passed they wanted certain things gone and we've done that so now they want everything.

The property is in rural. Stoddard only has rural and residential for zoning. The property has been used the same way for parking stuff when it comes back from jobs sense 1963 witch was well before zoning.

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Quoting ben1818

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My dad had a lot of older equipment and parked the plow trucks there for the summer. Basically when the equipment isn't on a job site it sits there. He also had containers there to put tools in and spare parts. What I'm not understanding is there telling me I can't park registered and inspected stuff on the property.

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Ok, is this commercial or residential property?

is there a building or home on the property?

if commercial has there ever been a business registered as operating at that address?

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Quoting budwad

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Well, first of all, this is not in court yet. It appears that (or should I say that I assume) someone got pissed off and complained to the town Board. Then the enforcement officer issues a letter of violation based on some iniquitous statement that the storage of vehicles, machinery, trailers, etc. is a violation of the zoning ordinance and must be cleaned up.

There is no property maintenance code that I could find online. Now, since there is non-compliance with the letter of violation, the town is taking it to court for additional remedy since it does not appear that they have any ordinance stipulating what the penalties will be for non-compliance. They do have this in the Wetlands section of their ordinance:

But it doesn't say what that action could be. And a Wetlands ordinance is not property maintenance or zoning for that matter.

I don't think the father was a hoarder in the usual sense. He collected all this stuff as a potential windfall someday.

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This is in court it was supposed to go to trial around a year and half ago. They've postponed it every time it's time to go to trial.

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Quoting jk

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Ok, is this commercial or residential property?

is there a building or home on the property?

if commercial has there ever been a business registered as operating at that address?

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I'm not sure if you would call it commercial or not because Stoddard has no such zone. And there's no walk in costumes or people stopping by I mean all the work that gets done is on others properties like digging cellars or trucking dirt from a pit.
There has been a business registered at the address and there was a house with the property but the house got subdivided to its own lot and is my grandmothers

Obviously you have not continued your father's business on the property. So let's forget non-conforming use. But the town has to enforce their laws. And I still don't see any ordinance that says you cannot store that equipment on the property.

They do say that you cannot create a nuisance but there is no definition of what a nuisances is in their ordinances with respect to junk vehicle's, or equipment.

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6. Enforcement of Ordinance
The Selectmen or their designee may take enforcement action against any violation
of this Ordinance, The enforcement may include daily civil penalties as allowed by
law, injunctive relief or any other enforcement action allowed by law

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This is from the Community Planning Ordinance Art. III(E)(6)

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ARTICLE IV - Commercial and Industrial Uses

1. Commercial and industrial uses may be allowed in the Rural District by
special exception from the Board of Adjustment which shall determine that there
is adequate off-street parking and that there will be no nuisance to the
neighborhood in which they are to be located by reason of noise, dust, smoke,
odor, illumination or other hazard to the public health.

2. Home Occupations: A home occupation will be permitted in all districts if it
conforms to the following:

Definitions:
1. A Home Occupation shall be carried out by resident members of the premises
and not more than (1) one other, on site full-time equivalent worker. It shall
involve only a service provided or a product produced by those persons.

2. It shall be operated entirely within a principal living unit and/or existing
accessory structure. The primary purpose of the building shall be for dwelling
and the home occupation shall be secondary.

3. It shall result in no external evidence of the enterprise except for a permitted
sign (see Article XIV of the Community Planning Ordinance). Exception:
locally grown agricultural products, produced or grown on the premises, may
be displayed. It shall not have an adverse effect on the environment or the

surrounding properties as a result of noise, odors, smoke, dust, lights, soil,
water or air pollution, significant increases in traffic or in parking
requirements, or as a result of other nuisances.

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These are the ordinance in question, I would imagine. They probably had to grandfather your father but, as the property has transferred hands, it now has to comply with current rules. Under Art. 5 it addresses nonconforming uses that predate the creation of the current rules.

I feel pretty sure that they may be chasing you down under section regarding signs of enterprise. As JK asked, it would make a difference if this was rural property but AS you don't have a special exception and aren't likely to get one at this time I'd say clean it up.

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Quoting ben1818

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This is in court it was supposed to go to trial around a year and half ago. They've postponed it every time it's time to go to trial.

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Then hire an attorney.

If nothing else I can almost promise that if you have what can be considered
abandoned vehicles (including heavy equipment), junk vehicles, or whatever you want to call them the town can demand you remove them. They are an environmental hazard due to the various fluids contained in them. Even if there is not a specific ordinance speaking to them, epa rules and water quality rules in any state I can think of would allow action to be taken.

As to the rest; if this is not a residential or lakeside zoned area, I cannot find anything allowing them to demand anything else unless it can be construed a hazard. I'm not sure they could if a residential area but they probably have a better case for demanded action due to various nuisance prohibitions.

We are cleaning it up. For what's left on the property I'm trying to figure out what I'm in violation of. I've asked the town that and there answer has been zoning. So I asked what part of zoning and they just say it's a business. There are no signs no advertising or anything. So is parking new equipment on a piece of property a business? When I say new I mean brand new I've replace my dads old stuff with new.

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Quoting jk

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If nothing else I can almost promise that if you have what can be considered
abandoned vehicles (including heavy equipment), junk vehicles, or whatever you want to call them the town can demand you remove them. They are an environmental hazard due to the various fluids contained in them. Even if there is not a specific ordinance speaking to them, epa rules and water quality rules in any state I can think of would allow action to be taken.

As to the rest; if this is not a residential or lakeside zoned area, I cannot find anything allowing them to demand anything else unless it can be construed a hazard. I'm not sure they could if a residential area but they probably have a better case for demanded action due to various nuisance prohibitions.

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It's no where close to wet lands and the longest stuff is parked there is 6 months throw the winter.

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Quoting jk

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If nothing else I can almost promise that if you have what can be considered
abandoned vehicles (including heavy equipment), junk vehicles, or whatever you want to call them the town can demand you remove them. They are an environmental hazard due to the various fluids contained in them. Even if there is not a specific ordinance speaking to them, epa rules and water quality rules in any state I can think of would allow action to be taken.

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Bull shit.

Under what authority would that happen? How about a law or a case law to back that up?

Baring a specific finding that contamination was occurring, I doubt there is any authority.

If you read what I've posted it clearly states that signs of enterprise are a no-no and I'd call brand new heavy equipment a sign of enterprise. If it's a rural property they would probably require you to get the equipment in a building. Keep in mind that if the property you would still require a special exception from the zoning board.

I'd say there is an axe that has been long waiting to be ground to a fine edge.

What are you talking about? What brand new heavy equipment. They are not continuing the business. This is about cleaning up a property from a former business.

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Quoting Mark47n

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If you read what I've posted it clearly states that signs of enterprise are a no-no and I'd call brand new heavy equipment a sign of enterprise. If it's a rural property they would probably require you to get the equipment in a building. Keep in mind that if the property you would still require a special exception from the zoning board.

I'd say there is an axe that has been long waiting to be ground to a fine edge.

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Yes new equipment shows you have a business you could say but your business is when your at someone else property. I mean what's the difference in a company allowing someone to drive a vehicle home. Does that mean there running business in many locations or is it just a parking spot? I mean there's no increase traffic flow or anything else.

I still use the property to park my equipment. I've just been getting read of my fathers equipment.

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Quoting budwad

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Bull shit.

Under what authority would that happen? How about a law or a case law to back that up?

Baring a specific finding that contamination was occurring, I doubt there is any authority.

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are you kidding?

leaking fluids are a huge issue and the state, don't even need to mess with local yokels, will take on the issue.

additionally, if OP gets pushed into that corner there might just end up being a water quality audit or at least a earth contamination audit given the use has been ongoing for so long and the likelihood of at least contaminated earth is probable. The clean up costs can be extremely expensive.



start with this:

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Preventing Contamination of GroundwaterPotential contamination sources (PCSs) are activities that use significant quantities of substancesthat have the potential to contaminate groundwater and/or affect human health. DES hasestablished best management practices (BMPs), codified in Env-Wq 401, involving the use,transfer or storage of regulated substances in containers having a capacity of five or moregallons. The BMPs must be employed by all PCSs in the state.

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so, how many hundreds of gallons of diesel fuel and hydraulic oil in whatever equipment is there? This equipment has been sitting around for how long, unused?

then read this:

http://des.nh.gov/organization/commi...nts/rem-13.pdf

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Quoting ben1818

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We are cleaning it up. For what's left on the property I'm trying to figure out what I'm in violation of. I've asked the town that and there answer has been zoning. So I asked what part of zoning and they just say it's a business. There are no signs no advertising or anything. So is parking new equipment on a piece of property a business? When I say new I mean brand new I've replace my dads old stuff with new.


It's no where close to wet lands and the longest stuff is parked there is 6 months throw the winter.

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there is a lot of surface water there; lakes, streams, ponds. Lots of water around there.


but old on. Now you are saying you are using the land for an active business?

just what is the town complaining about you storing there? Originally this was about your father's stuff. Now you are tossing in your stuff.

it doesn't require a property to have a sign or advertising to be a business. In fact, many businesses have multiple properties with the office being located on one of them. Each of the other properties must still meet the rules as being used as a business.

JK, calm down. You are going way over the top on this one. There is nothing that indicates that this is a potential pollution problem.

They are saying nothing at all can be on the property. A few years ago they called des on my father and des saw no vialation there. Basically the town has choose this property in town to pick on for many year. My guess on why is because my dad and a selectman got in a fight many years ago. I mean this property isn't the worse in town and it's on a dead end road. But I don't know how parking stuff there is a business I mean my plow trucks for half the year live at a state shed in New Hampshire does that mean my business is based out of there as well.

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Quoting budwad

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JK, calm down. You are going way over the top on this one. There is nothing that indicates that this is a potential pollution problem.

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I didn't say there was. I said that if nothing else, the town can get the heavy equipment removed due to contamination concerns. If nothing else, a couple phone calls to the right state departments can cause a rain of fire on situations like this. Most states get real assertive when they think there might be groundwater contamination, or a situation that could result in it.



Given the OP's added comments about the use of the land, I think the town might not be so wrong in this situation,

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Quoting ben1818

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They are saying nothing at all can be on the property. A few years ago they called des on my father and des saw no vialation there. Basically the town has choose this property in town to pick on for many year. My guess on why is because my dad and a selectman got in a fight many years ago. I mean this property isn't the worse in town and it's on a dead end road. But I don't know how parking stuff there is a business I mean my plow trucks for half the year live at a state shed in New Hampshire does that mean my business is based out of there as well.

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it means that state shed, if privately owned, would be required to comply with local and state rules regarding commercial property. Why would you think differently?

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...So is parking new equipment on a piece of property a business? When I say new I mean brand new I've replace my dads old stuff with new.

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New heavy equipment can be interpreted as signs of enterprise. I also believe there is a long standing issue that dad was involved in that the children don't know the details about or they aren't sharing. Also, I believe that the OP stated that this has been going on for a year and a half.

To the OP: heavy equipment doesn't equal a contractors van, for example. In this the ordinance is pretty clear. You can have a sign that meets the requirements set by the relevant ordinance but no other signs of enterprise. And we're not discussing other properties, we are discussing yours.

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Quoting ben1818

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They are saying nothing at all can be on the property. A few years ago they called des on my father and des saw no vialation there. Basically the town has choose this property in town to pick on for many year. My guess on why is because my dad and a selectman got in a fight many years ago. I mean this property isn't the worse in town and it's on a dead end road. But I don't know how parking stuff there is a business I mean my plow trucks for half the year live at a state shed in New Hampshire does that mean my business is based out of there as well.

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then your best action would be to get this in front of a judge. That will put an end to citations/claims of violations without a basis. If you are required to clean up the property, it will set a pretty solid deadline to do it.

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Quoting jk

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it means that state shed, if privately owned, would be required to comply with local and state rules regarding commercial property. Why would you think differently?

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Yes but that's where the truck stay for half the year and drivers go to. They never come to Stoddard. Also business like aspen or ever source have there employees drive there lettered vehicle home. Now are they running a business out of everyone's home or just parking them there. Also the properties been used to park equipment and trucks well before zoning. That's what I'm confused one.

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Quoting jk

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then your best action would be to get this in front of a judge. That will put an end to citations/claims of violations without a basis. If you are required to clean up the property, it will set a pretty solid deadline to do it.

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That's what I was thinking would be best but I was basically wondering can they actually say your not allowed to have anything on a piece of property. Or are they just making stuff up. I mean stoddards been sued for this stuff by others many times before.

they must have a legal basis to demand the action. I do not know what is in their mind so I cannot say if there is any validity to their argument. If there is no legal basis to the argument, you win.


with that said; often times there are often things such as prohibitions of nuisances. Nuisance can be a pretty loosely interpreted word.



Before going to court, I would make sure all of the requirements of your business and home are in order; permits, licenses, anything of the sort. I have dealt with a problematic township board before. Sometimes if they can't get you to comply with their whim claimed to be legal ordinance, they attack you from other directions.

budwad couldn't find anything to support the town so I would tend to accept that. Doesn't mean he didn't miss something but he's usually pretty thorough.

I've talked with friends on the towns planning board and zoning board and they have have said the property in not in zoning volation. So my best corse of action is to take it to trial? How do towns get away with picking on some when there friends are in violations and they never do anything about it? I know there are people that have complained about the selectmans friends and they refus to enforce the laws.

well, usually what people do is either vote somebody else into office in an elected position or apply pressure to the elected parties to replace an appointee before the next election.


If the people affected continue to vote the same people into office, then it is understood the majority of the people are happy with the status quo.

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Quoting ben1818

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I've talked with friends on the towns planning board and zoning board and they have have said the property in not in zoning volation. So my best corse of action is to take it to trial? How do towns get away with picking on some when there friends are in violations and they never do anything about it? I know there are people that have complained about the selectmans friends and they refus to enforce the laws.

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We are still a land of laws and when there is no law to control a situation like this one, they don't get to enforce something that doesn't exist. If the town doesn't enforce laws evenhandedly, it is called arbitrary and capricious. That is something that doesn't usually hold up in court.

Things like common law nuisance is not the same as township ordinances. It has to be defined in an ordinance or regulation. I still don't see where the authority comes from.

Town politics can get pretty dirty and selective on enforcement to a select few if nobody holds their feet to the fire.

Get an attorney who understands NH land use law.