Neighbor Violating Zoning Laws

We live an area that is residentially zoned. A neighbor moved in, put up
a large garage with more tools than our local garage and began to fix
cars as if he were running a business. He brings them in (sometimes
by tow truck) fixes them and then their owners pick them up. We hear
prices negotiated, car parts stores dropping things off etc. We have
already complained to the building inspector, selectmen etc. and have
taken a lot of pictures but they don't seem to want to deal with it beyond
a letter telling him to cut it out but a month or 2 goes by and he's back
in business. His excuse is that he is just doing this for his friends.
We know better as they are always different people and it is clearly just
a business transaction. We are getting tired of this cat and mouse game
and am wondering what legal action can be taken to stop this illegal busines.
Forget the neighbors helping as they seem afraid and won't do anything
about it even though they agree that he is running an illegal business in
a residentially zoned area. Is there any legal remedy for this? I'm
actually wondering if I can sue the town for non-enforcment of it's zoning
laws. Please let me know what a lawyer can do for me. I have MANY
pictures of him in action fixing these cars for customers. Thanks

Depending on where you live, every citizen has the right to "sue City Hall," in my opinion, but I'd strongly suggest you contact an attorney both proficient in your municipals laws AND willing to tackle your city's government to give you an accurate answer. You also have several other avenues, as well, if in fact the attorney doesn't feel you have quite enough of a case to proceed.

First and foremost, I would suggest contacting your local zoning department in writing. Most zoning departments have online complaint forms that will help generate an electronic "paper trial." Each time you witness the violation, fill out a form and if possible, attach photographs (I'd suggest the kind with time/date stamps clearly apparent.) If that means you have to file repeated written complaints, that's what it means. Persistence eventually pays off. Your local police department is required to enforce city laws...you might want to contact them as well. (Non emergency, of course.) Running a home business such as the one in your post is not only a zoning violation, it's a safety and health hazard as well. If your city has a City Council, find out how you can file a complaint there or at least report the lack of enforcement you're getting from your zoning department. And finally, your city or town has a mayor. They really don't appreciate complaints that their departments aren't diligent in enforcement of city codes, particularly when they receive repeated notifications. If repeated complaints to all of these still don't result in any noticeable action, I can assure you that local television stations and newspapers will at least listen to you. Most usually have a consumer advocate who will usually intervene (and publicize) if it's discovered city officials aren't quite fulfilling their obligations.

Just a few suggestions here. It depends on how far you're willing to pursue this. In terms of legal action, I wouldn't suggest you proceed with contacting an attorney in your area.(It may be more time-consuming and expensive than you realize.) I do believe that if you're persistent with the outlets above, you'll attract someone's attention .. again, it depends on how far you're willing to go.

Good luck.