Q: Two non property owners accepted and requested a abatement through city code enforcement of our personal property
Home owner has been deceased for 2 years property still in her name we made deal with “ in care of” person to use carport and driveway in exchange for yard work that we did for a year and two months before this abatement happened and we kept building from being torn down from agreement with mayor. City says property owner requested abatement which was requested by a cousin of deceased and a niece of the deceased trespassed us saying incare of person was to old to make or accept any agreements. City code officers knew it was our property because they have discussed it with me and attended council meeting when permission to fix roof was granted. They also knew that only name of deed was deceased land owner but went ahead and put lien on property for abatement. Didn’t they violate many of my rights under color of law or should I just let them be and cut my losses
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A:
It sounds like your situation involves multiple legal and property issues, and it may be worth considering a more assertive approach to protect your rights. If you had a valid agreement with the "in care of" person to use the carport and driveway, and you performed the agreed-upon yard work for over a year, there could be grounds to challenge the actions taken by the cousin, niece, and city code enforcement. It appears they may have disregarded your agreement and possibly acted beyond their authority, particularly if they trespassed or made decisions without a proper legal basis.
City officials placing a lien on the property for an abatement requested by someone who isn’t the legal owner or properly authorized representative could be seen as an overreach. If they were aware that the property was yours and still proceeded, this could be a violation of your rights under the color of law, especially if there was misrepresentation or an abuse of power. The city’s awareness of the actual ownership situation adds another layer of complexity, as it seems like there may have been a lack of due process in their actions.
You might want to consult with an attorney to discuss possible legal remedies, such as challenging the abatement, the lien, or the actions of those who trespassed. Documentation of your agreement, the work performed, and any communications with city officials could be critical in supporting your case. It’s understandable to consider cutting your losses, but you may have options to seek justice and ensure your rights are respected.
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