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LoriF3 (South Carolina)
Posts: 240
Posted:
Just saw the old thread ,this is a continued problem in my neighborhood .Its against the city law to do this have called and told the police how often this is occuring .

It makes the neighborhood look awful .Other than calling the police every time ,is there anyway to stop it ,and stop people parking on the no parking side of the street ?

Could we make papers which say THis is anotice that the city does not allow parking on the sidewalk ( or on the no parking side of the street ).

I have posted information from the fire department saying if people are parked on both sides there is no way a firetruck can get through .( we have narrow streets )
BE2 (California)
Posts: 14
Posted:
Try going through small claims court to force your HOA to deal with it. I have the same problem. And, if you do, don't forget to ask for court costs when you file.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We had the same issue. We went from private to public. What had to happen is we had to go to city hall and request an ordinance. That ordinance was for parking on only 1 side of the street. Additionally, we had to approach the city's code enforcement to allow for painted curbs versus signs. No parking signs would have looked terrible. The painted red curbs with no parking written on them worked for us. Plus they had to be on the same side as all the fire hydrants. You want the fire trucks to be able to access the hydrants in an emergency.

It took a lot of work. However, by us doing that it allowed the police to do their job. They can't enforce a law if one does not exist or apply. So since we could no longer police our street, we made sure the ones that do can.

Former HOA President
LoriF3 (South Carolina)
Posts: 240
Posted:
Thanks we have no parking this side of the street,we don't have fire hydrants in here though .I know this seems weird so I called and asked the fire department they said when our subdivision was built it was not required and they know which places are like ours and they carry enough water to deal with the problems .The only thing they do post on their site is that if cars are parked on both sides a fire truck cannot get through .
PaininyourA
Posts: 215
Posted:
"..... citing municipal code, state vehicle code, and court decision results ....."

not a HOA concern
LoriF3 (South Carolina)
Posts: 240
Posted:
Well its just that we have no parking signs in which cars will park in front of and behind the signs .Many times I have had problems even with my small car trying to manuver around all the cars parked every which way .
JanetB2 (Colorado)
Posts: 4,219
Posted:
Lori ... are your streets Public (owned by local government) or private (owned by the HOA)? If owned by the local government ... you just need to pester them to death via their local council meetings regarding their ordinance. When you continually show up and have photos and present their local statute info ... hopefully they will finally address the issue. If they have a website, Facebook, or other online presence you can also go after them there ... but be sure to keep it to FACTS such as noting their Statute Violated with proof.

If your streets are owned by the HOA ... then it does not matter what the City Ordinances are with regards to streets. Because in this instance your streets are "Private Property". In that case you need to bring your issue to the Board to address via your governing documents.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By JanetB2 on 10/30/2017 9:37 PM
Lori ... are your streets Public (owned by local government) or private (owned by the HOA)? If owned by the local government ... you just need to pester them to death via their local council meetings regarding their ordinance. When you continually show up and have photos and present their local statute info ... hopefully they will finally address the issue. If they have a website, Facebook, or other online presence you can also go after them there ... but be sure to keep it to FACTS such as noting their Statute Violated with proof.

If your streets are owned by the HOA ... then it does not matter what the City Ordinances are with regards to streets. Because in this instance your streets are "Private Property". In that case you need to bring your issue to the Board to address via your governing documents.

I am pretty sure they are public ,as I called about a pothole and they came and fixed it .Pretty much we are always told to call the police ,once in a blue moon will they come through and you will see stickers on the cars who are parked illegally .
JanetB2 (Colorado)
Posts: 4,219
Posted:
If they are public property the local government is responsible for the property they own ... if they are private then the HOA needs to try and enforce which can be hard in some circumstances.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By JanetB2 on 11/02/2017 7:22 PM
If they are public property the local government is responsible for the property they own ... if they are private then the HOA needs to try and enforce which can be hard in some circumstances.

Its weird parking on the side walk is suppose to be against the city law but park on the grass and its not a problem .I don't get why either one would be allowed .
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LoriF3 on 11/02/2017 7:25 PM
Posted By JanetB2 on 11/02/2017 7:22 PM
If they are public property the local government is responsible for the property they own ... if they are private then the HOA needs to try and enforce which can be hard in some circumstances.


Its weird parking on the side walk is suppose to be against the city law but park on the grass and its not a problem .I don't get why either one would be allowed .


LOL ... Amazes me how many people DO NOT attend meetings or pay attention to their LOCAL Government Legislators and what they pass. Then later when owner's have issues they then question those items. I cannot count how many times I was the only person in the audience for my local City Council Meeting ... and in some instances for items which affected many citizens. When citizens ignore their Local Government and State issues OR HOA issues ... you potentially get what you are dished out!!! People tend to forget those local levels are the areas which trickle up to the larger areas we now face today.
LoriF3 (South Carolina)
Posts: 240
Posted:
Its hard to try and keep up with everything the local government is doing .We tried to get them to understand for instance we do NOT want a toll road we even on election day last year voted out all we could on who approved the toll road ,but even though it went up to the state supreme court we are stuck with a toll road we do not want and many say they will do everything they can to avoid driving on it .

Just like the big politicians that go to DC the local ones are not much better .Promising things and then failing to or breaking said promises .Cannot trust a one of them .
AlexF2 (Georgia)
Posts: 12
Posted:
On the matter of cars parking on the sidewalks:

Title II of the Americans with Disabilities Act (ADA) requires municipalities to keep pedestrian routes clear of obstructions, and this includes parked vehicles. If your city refuses to enforce this, simply file a complaint with the Civil Rights Division of the Justice Department citing a Title II violation and watch how fast the city changes its tune. Here is the link: https://www.ada.gov/complaint/

On the matter of cars parking on both sides of the street:

Under Section 503.2 of the International Fire Code, parking is only allowed on one side of a residential street less than 34 feet wide to permit fire trucks and other emergency vehicles clear access routes to all properties within the subdivision. If your streets are less than 34 feet wide, bring the issue to the attention of the local fire marshall and request enforcement.

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