PatK,

Many jurisdictions prohibit water runoff from adjoining properties.
Allthough even with local help, getting adjoining proper owners to
rectify these situations isn't always easy.

PatK wrote:
Hi all,

I have a question that's been bugging me for a while. I live next to a
restaurant that has a parking lot that runs parallel to my house. When
it rains, the water runs off of the parking lot and into my yard, and
then down into my basement. There isn't enough room to slope the ground
from the side of my house to the parking lot because of a sidewalk. Do I
need to put up a retaining wall? Would a fence work? A ditch? Who's
responsibility is it to take care of this problem? I don't have the best
relationship with the owner of the restaurant (he refuses to make his
employees close the dumpster and trash blows into my yard all the time)
So I'm not sure what to do here. Any suggestions?

Pat

Hi all,

I have a question that's been bugging me for a while. I live next to a
restaurant that has a parking lot that runs parallel to my house. When
it rains, the water runs off of the parking lot and into my yard, and
then down into my basement. There isn't enough room to slope the ground
from the side of my house to the parking lot because of a sidewalk. Do I
need to put up a retaining wall? Would a fence work? A ditch? Who's
responsibility is it to take care of this problem? I don't have the best
relationship with the owner of the restaurant (he refuses to make his
employees close the dumpster and trash blows into my yard all the time)
So I'm not sure what to do here. Any suggestions?

Pat

G Henslee wrote:

PatK wrote:
....
restaurant that has a parking lot that runs parallel to my house. When
it rains, the water runs off of the parking lot and into my yard, ...Who's
responsibility is it to take care of this problem? ...

Many jurisdictions prohibit water runoff from adjoining properties.
Allthough even with local help, getting adjoining proper owners to
rectify these situations isn't always easy.

Also, may depend (jurisdictions have differing rules) on who modified
the drainage last--is the parking lot a new addition or was it existing
when you bought the house? It may be pertinent that (I'm presuming) the
house was there first even if you bought it afterwards. Some
jurisdictions have rules that basically state that new construction
can't create a different/new drainage problem. Of course, if it's been
a number of years and you haven't complained or you're a new owner of an
old existing problem you may not have too much luck.

But, the first thing to do is to contact the city/county/whichever you
reside and find out the rules/regulations you're operating under and to
see if you can force the other guy to take some action to at least help
mitigate the magnitude of the problem you have to solve.

The problem obviously needs to be corrected/alleviated however, before
it does structural damage to the foundation.

The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in getting
him to remedy it through the inspectors.

Duane Bozarth wrote:
G Henslee wrote:

PatK wrote:

...

restaurant that has a parking lot that runs parallel to my house. When
it rains, the water runs off of the parking lot and into my yard, ...Who's
responsibility is it to take care of this problem? ...


Many jurisdictions prohibit water runoff from adjoining properties.
Allthough even with local help, getting adjoining proper owners to
rectify these situations isn't always easy.


Also, may depend (jurisdictions have differing rules) on who modified
the drainage last--is the parking lot a new addition or was it existing
when you bought the house? It may be pertinent that (I'm presuming) the
house was there first even if you bought it afterwards. Some
jurisdictions have rules that basically state that new construction
can't create a different/new drainage problem. Of course, if it's been
a number of years and you haven't complained or you're a new owner of an
old existing problem you may not have too much luck.

Well, the parking lot was there when I bought the house but there wasn't
a restaurant there. When they put the restaurant in, they repaved the
parking lot and made it a lot higher. I've been living here since it was
done but I didn't realize where all the water was coming from until we
had a downpour one day and it flooded. I just hadn't been home and seen
it before.

But, the first thing to do is to contact the city/county/whichever you
reside and find out the rules/regulations you're operating under and to
see if you can force the other guy to take some action to at least help
mitigate the magnitude of the problem you have to solve.

The problem obviously needs to be corrected/alleviated however, before
it does structural damage to the foundation.

I'm hoping that's not been done already!
Pat

m Ransley wrote:
The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in getting
him to remedy it through the inspectors.


No, it's not that recent. THe parking lot was repaved about 4 years ago.

As long as they are not his regulars for lunch......or fishing buddies. ; )

Never forget the power of the "good ole boy" network.

RJ

"m Ransley" wrote in message
...
The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in getting
him to remedy it through the inspectors.

PatK wrote:

m Ransley wrote:
The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in getting
him to remedy it through the inspectors.


No, it's not that recent. THe parking lot was repaved about 4 years ago.

Well, that's going to make it more difficult, obviously, to get relief
through the city...they may look at it and decide the repaving made it
worse, but if you didn't notice it for four years, I'd sure be less if I
were the city person...

May be your best recourse now would be a diversion ditch around your
side lot onto your (mutual) neighbor--of course, then they may come
after you for creating a new nuisance for them...

Still best bet is to go to city first and see what they'll say/do...

if the city/county route doesn't seem to help, get th local news station to
run an "investigation" of the "bad neighbor." If he is a smart businessman,
he will realize that there is such thing as bad press.
"PatK" wrote in message
...
Hi all,

I have a question that's been bugging me for a while. I live next to a
restaurant that has a parking lot that runs parallel to my house. When it
rains, the water runs off of the parking lot and into my yard, and then
down into my basement. There isn't enough room to slope the ground from
the side of my house to the parking lot because of a sidewalk. Do I need
to put up a retaining wall? Would a fence work? A ditch? Who's
responsibility is it to take care of this problem? I don't have the best
relationship with the owner of the restaurant (he refuses to make his
employees close the dumpster and trash blows into my yard all the time) So
I'm not sure what to do here. Any suggestions?

Pat

ADC wrote:
if the city/county route doesn't seem to help, get th local news station to
run an "investigation" of the "bad neighbor." If he is a smart businessman,
he will realize that there is such thing as bad press.
"PatK" wrote in message
...

His wife is on the city council and he owns a lot of the town. I wonder
if they'd even let it get printed.

Pat

Duane Bozarth wrote:
PatK wrote:

m Ransley wrote:

The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in getting
him to remedy it through the inspectors.


No, it's not that recent. THe parking lot was repaved about 4 years ago.


Well, that's going to make it more difficult, obviously, to get relief
through the city...they may look at it and decide the repaving made it
worse, but if you didn't notice it for four years, I'd sure be less if I
were the city person...

May be your best recourse now would be a diversion ditch around your
side lot onto your (mutual) neighbor--of course, then they may come
after you for creating a new nuisance for them...

Still best bet is to go to city first and see what they'll say/do...

I'll try talking to him first and see what he says but I'm not holding
my breath. But hopefully something can be done.

Pat

even better...corrupt politician's spouse steps on the little man!
"PatK" wrote in message
...
ADC wrote:
if the city/county route doesn't seem to help, get th local news station
to run an "investigation" of the "bad neighbor." If he is a smart
businessman, he will realize that there is such thing as bad press.
"PatK" wrote in message
...

His wife is on the city council and he owns a lot of the town. I wonder if
they'd even let it get printed.

Pat

Just think of the money!!! G Just kidding, I'm just hoping I can get
it fixed.


ADC wrote:
even better...corrupt politician's spouse steps on the little man!
"PatK" wrote in message
...

ADC wrote:

if the city/county route doesn't seem to help, get th local news station
to run an "investigation" of the "bad neighbor." If he is a smart
businessman, he will realize that there is such thing as bad press.
"PatK" wrote in message
...

His wife is on the city council and he owns a lot of the town. I wonder if
they'd even let it get printed.

Pat

It seems to me that the owner of the parking lot is responsible. His runoff
is impacting your property. Maybe small claims court if he doesn't correct
the problem. and should be required to remedy the problem. I'd first
contact the city or county.
Ron

"PatK" wrote in message
...
Hi all,

I have a question that's been bugging me for a while. I live next to a
restaurant that has a parking lot that runs parallel to my house. When
it rains, the water runs off of the parking lot and into my yard, and
then down into my basement. There isn't enough room to slope the ground
from the side of my house to the parking lot because of a sidewalk. Do I
need to put up a retaining wall? Would a fence work? A ditch? Who's
responsibility is it to take care of this problem? I don't have the best
relationship with the owner of the restaurant (he refuses to make his
employees close the dumpster and trash blows into my yard all the time)
So I'm not sure what to do here. Any suggestions?

Pat

Take alot of photos especialy of the garbage in case it goes further.
Garbage is a health issue. You may or may not have a flooding claim,
talk to an atty. if the city won`t help. See if he pulled a permit 4
years ago for the lot, they are on file.

Duane Bozarth wrote:
PatK wrote:

m Ransley wrote:

The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in getting
him to remedy it through the inspectors.


No, it's not that recent. THe parking lot was repaved about 4 years ago.


Well, that's going to make it more difficult, obviously, to get relief
through the city...they may look at it and decide the repaving made it
worse, but if you didn't notice it for four years, I'd sure be less if I
were the city person...

May be your best recourse now would be a diversion ditch around your
side lot onto your (mutual) neighbor--of course, then they may come
after you for creating a new nuisance for them...

Still best bet is to go to city first and see what they'll say/do...

Ransley is probably right on. You may have a better chance with the
city if you go look at permits for the original lot installation and the
repaving. The city may have approved a grade that could have been
expected to drain onto your lot - then you will have to fight city hall.
An asphalt curb might do the trick in directing the water off the lot
toward street. Just a small berm on the edge of your lot along the
paving, with sod or a ground cover on top and not very high, might do
the trick and save a lot of grief. Keeping the peace is in your
interest if you plan on staying there, and may keep the restaurant owner
from becoming more creative and plowing snow onto your property )

Norminn wrote:


Duane Bozarth wrote:

PatK wrote:

m Ransley wrote:

The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in getting
him to remedy it through the inspectors.


No, it's not that recent. THe parking lot was repaved about 4 years ago.



Well, that's going to make it more difficult, obviously, to get relief
through the city...they may look at it and decide the repaving made it
worse, but if you didn't notice it for four years, I'd sure be less if I
were the city person...

May be your best recourse now would be a diversion ditch around your
side lot onto your (mutual) neighbor--of course, then they may come
after you for creating a new nuisance for them...

Still best bet is to go to city first and see what they'll say/do...


Ransley is probably right on. You may have a better chance with the
city if you go look at permits for the original lot installation and the
repaving. The city may have approved a grade that could have been
expected to drain onto your lot - then you will have to fight city hall.
An asphalt curb might do the trick in directing the water off the lot
toward street. Just a small berm on the edge of your lot along the
paving, with sod or a ground cover on top and not very high, might do
the trick and save a lot of grief. Keeping the peace is in your
interest if you plan on staying there, and may keep the restaurant owner
from becoming more creative and plowing snow onto your property )


They almost did that this last winter. I had to go out there and tell
the guys who were plowing NOT to push the dang snow up against my
fence(chain link around backyard). But they were persistent. G
Pat

m Ransley wrote:
Take alot of photos especialy of the garbage in case it goes further.
Garbage is a health issue. You may or may not have a flooding claim,
talk to an atty. if the city won`t help. See if he pulled a permit 4
years ago for the lot, they are on file.


I thought about doing this and will next time it happens. Do you mean a
permit to repave?

Pat

PatK wrote:
m Ransley wrote:
The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in
getting him to remedy it through the inspectors.


No, it's not that recent. THe parking lot was repaved about 4 years
ago.

The time frame starts when you first notice the problem.

First, understand, the law's on your side irrespective of what ordinances,
inspections, permits, etc. may or may not exist. The owner of a piece of
property is absolutely responsible for any damage the use of his property
causes another. Your case is no different from one in which the neighbor
builds a rickety three-story building that falls on your house!

First, I would counsel with my homeowner's insurance agent. They may be able
to help.

Next, I'd visit the diner's owner. Explain that his resurfacing project has
imperiled your home, that he needs to get the contracters back out and have
them fix the job. No threats, but be firm in your position that he must take
steps forthwith and he must keep you informed of the progress.

Following that, after gathering all your ducks from the city inspection and
permitting office, visit a lawyer. A simple demand letter that the neighbor
take immediate steps should be sufficient.

As for the trash, heck, I'd gather it up in a trash bag and return it to
him. In the restaurant. During his busiest hour. I'd also send him a
fire-truck at various times of the day or night.

HeyBub wrote:
PatK wrote:

m Ransley wrote:

The city or county goverment will direct you on who to complain to on
garbage, it should be the health dept. And who can address your water
issue. If work is recent, 1 yr. you should have no problem in
getting him to remedy it through the inspectors.


No, it's not that recent. THe parking lot was repaved about 4 years
ago.


The time frame starts when you first notice the problem.

First, understand, the law's on your side irrespective of what ordinances,
inspections, permits, etc. may or may not exist. The owner of a piece of
property is absolutely responsible for any damage the use of his property
causes another. Your case is no different from one in which the neighbor
builds a rickety three-story building that falls on your house!

First, I would counsel with my homeowner's insurance agent. They may be able
to help.

Next, I'd visit the diner's owner. Explain that his resurfacing project has
imperiled your home, that he needs to get the contracters back out and have
them fix the job. No threats, but be firm in your position that he must take
steps forthwith and he must keep you informed of the progress.

Following that, after gathering all your ducks from the city inspection and
permitting office, visit a lawyer. A simple demand letter that the neighbor
take immediate steps should be sufficient.

As for the trash, heck, I'd gather it up in a trash bag and return it to
him. In the restaurant. During his busiest hour. I'd also send him a
fire-truck at various times of the day or night.


Send him a fire truck? What do you mean? Don't mean to be dumb or
anything...

Pat

clipped

the lot toward street. Just a small berm on the edge of your lot
along the paving, with sod or a ground cover on top and not very high,
might do the trick and save a lot of grief. Keeping the peace is in
your interest if you plan on staying there, and may keep the
restaurant owner from becoming more creative and plowing snow onto
your property )


They almost did that this last winter. I had to go out there and tell
the guys who were plowing NOT to push the dang snow up against my
fence(chain link around backyard). But they were persistent. G
Pat

It might be highly profitable for the restaurant owner to make you
unhappy enough to move. I've had a good taste of bad neighbors who are
politically connected - doesn't make for peaceful living )

Norminn wrote:
clipped

the lot toward street. Just a small berm on the edge of your lot
along the paving, with sod or a ground cover on top and not very
high, might do the trick and save a lot of grief. Keeping the peace
is in your interest if you plan on staying there, and may keep the
restaurant owner from becoming more creative and plowing snow onto
your property )


They almost did that this last winter. I had to go out there and tell
the guys who were plowing NOT to push the dang snow up against my
fence(chain link around backyard). But they were persistent. G
Pat


It might be highly profitable for the restaurant owner to make you
unhappy enough to move. I've had a good taste of bad neighbors who are
politically connected - doesn't make for peaceful living )


He's actually offered to buy my house. It think he'd like to tear it
down and built a bigger parking lot. But he's not willing to pay what my
house is worth. I did talk to him today and he said that he has some of
the parking berms (not exactly sure what they're called...the things
that go in the front of parking spaces to keep car tire from going too
far) and said that he could put several of those along the parking lot
to keep the water from coming over. If that works, it would be great
we'll see.

Pat