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  1. #1
    Join Date
    Aug 2010
    Posts
    3

    Default County, City, or State Not Providing Services

    My question involves a consumer law issue in the State of: Colorado

    ("consumer law" was the best category I could find.)

    I hope this is a far-reaching issue that will garner some replies.

    What can one do when a local government fails to provide services contained in state law or local regulations? I don't want to go on and on about my issues, I mean this more on a general level-- serious, continued, harmful failure to provide services. And I mean things that they are supposedly required to do.

    More specifically, suppose there are zoning violations (county) that they are "required" to inspect, provide notice about, and have corrected (or sue), but it doesn't happen? Or suppose they are required to manage or remove dangerous plants or animals, and they fail to do that? I am talking about failures that impact many people.

    When asking and escalating (repeatedly) doesn't work, what can one do? Can/how can one sue? There are some protections/sovereignty in place, but are they absolute? Can one obtain an injunction forcing action? (I think this is an interesting question in that normal (i.e., commercial) competitive, satisfaction, liability, or other forces don't apply).

    I'm happy to provide much more detail about why I ask this, but again, for now, I don't want it to be about me or my selfishness. I wonder if this is an issue that affects many others.

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: County, City, or State Not Providing Services

    I'm happy to provide much more detail about why I ask this,
    Sounds like a good start.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: County, City, or State Not Providing Services

    First, states have soverign immunity, a city or town does not. They have commercial insurance or are self-insured.

    Starting a civil action against a town is going to be very expensive and you will make lots of enemies.

    If a neighbor is a problem, you can sue that person for various torts depending on what the problem is.

    If, for example, code enforcement is not doing their job, you can complain to your local political representatives. If they don't do their job, then you can find candidates who do and run those candidates against them.

    You can do other things like a web site, flyers, etc. depending on what the problems are and if anyone else is going to care.

    For example, we had a state attorney I knew was a crook (among other things), so I ran a negative campaign against him and he was defeated in the exact areas where I ran my campaign, which included thousands of flyers directing people to a web site that had the details. He lost the election. He then proved what a crook he really is by doing some outrageous stuff that I am now suing him for; to the tune of $4.5 million.

  4. #4
    Join Date
    Aug 2010
    Posts
    3

    Default Re: County, City, or State Not Providing Services

    I live in an unincorporated part of Jefferson County Colorado (the mountains west of Denver). I believe it is a fairly progressive area in terms of laws. Through the county "Zoning Resolution" there are detailed rules (these things are revised over the years and are very clear) about all kinds of things having to do with construction and also junk cars, yard signs, outdoor lights, etc. There are also detailed regulations on enforcement; they won't do anything proactively, but if a complaint is made, they must investigate, notify the owner or builder under exact specifications, then require rectification in a prescribed period. If it is not fixed legal action can occur. Put mildly, this does not happen--investigation takes longer than the prescribed time and rectification seldom takes place. There is very little way for a complaining party to know why or if a disposition has been entered. AS A RESULT, there is much illegal building, junk cars, "light trespassing," etc. It is very harmful in my neighborhood. State law provides guidelines/requirements for establishing regulations and enforcement; these are not followed and I am not aware of punitive remedies in the statutes (correction: I know of a couple but they are pretty hard to make happen, e.g., request that the local DA sue for failure to uphold fiduciary responsibility; I don't think he'd do it).

    Example #2. There is a plant called the myrtle spurge. It is noxious, invasive, and illegal to knowingly grow in Colorado. Colorado has a "noxious weed and pest act:" there are state Agriculture Department requirements and responsibilities at all local levels. Again, the county, where I live, does not do what it is seemingly bound to do. This plant grows everywhere in my neighborhood even though it is quite rare. Landowners, most of whom never heard of it, are required to eradicate it on their property; the county is required to inform individual landowners of the hazard and to remove it from public/county property. Much of Colorado has "right of ways" on the sides of roads and the plant exists there in force. The county office established to handle this told me to write them (USPS) with ONE neighbor's address and they will look into that (the statute "requires" much broader efforts).

    These are just two and I can provide many more. Some people care and others prefer to get away with what they can. Most are ignorant. Ever hear of the distinction between governmental function as distinguished from a proprietary function? It seems to apply.

    I could go on with much more and I'm happy to... but I don't want to bore anyone.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: County, City, or State Not Providing Services

    This plant grows everywhere in my neighborhood even though it is quite rare.
    oxymoron?

    from #1 State law provides guidelines/requirements for establishing regulations and enforcement; these are not followed and I am not aware of punitive remedies in the statutes (correction: I know of a couple but they are pretty hard to make happen, e.g., request that the local DA sue for failure to uphold fiduciary responsibility; I don't think he'd do it).
    from #2 The county office established to handle this told me to write them (USPS) with ONE neighbor's address and they will look into that (the statute "requires" much broader efforts).
    Do you have those code sections available?

    The first thing: attend council meetings and provide notice to the council and ask for the violations to be addressed.

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