City sues man for canceling trash service
City sues man for canceling trash service
SAN CARLOS (News) - A man who claims to have reduced his waste to nearly nothing out of concern for the environment now faces a lawsuit from San Carlos for canceling his garbage-collection service.
Eddie House, 53, says he was shocked when he was served with a lawsuit Sunday at his Cedar Street home.
The lawsuit, filed by San Carlos Deputy City Attorney Linda Noeske in San Mateo Superior Court on Jan. 22, seeks a permanent injunction forcing House to maintain garbage service. City officials are also seeking to recoup from House the costs of the lawsuit.
The lawsuit claims House broke the city's municipal code requiring all residential, commercial and industrial properties to contract with Allied Waste for pickup at least once a week - a standard requirement in most cities, San Carlos Deputy City Manager Brian Moura said.
House says he stopped his service with Allied Waste about a year ago after realizing that his garbage cans were nearly always empty.
"It's just me and my dog, so I don't have a whole lot of garbage to begin with and I recycle everything," he said.
House recycles paper, metal and plastics, regularly hauling them in his pickup truck to a recycling center and collecting the refund, he said. What little backyard waste he generates is ground into powder by his wood chipper and food scraps are either pulverized by his garbage disposal or eaten by his dog. House's larger items are either sold or given to people on Craigslist, he said.
"I don't understand a city ordinance that requires you to fill up a can. That's downright foolishness," he said.
Moura said House's lack of garbage service was brought to the attention of city officials after neighbors complained that House was causing foul smells by burning his garbage.
House acknowledges that the fire department was called to his house several times, but says that each time he was simply burning firewood.
House has made ongoing complaints to city officials over the apartment building next door, which he claims was built too close to his home and generates litter and parking problems. He said he fears that being sued by the city is retribution for being a "sore thumb."
Moura denied the city's action was personal.
"We don't go out looking for these things. When the city does take code enforcement action, it's usually something that's brought to our attention by neighbors," he said.
-- Nothing starts a good fight quite like a City Ordinance...
LINK: http://www.examiner.com/a-1187195%7ECity_sues_man_for_canceling_trash_service.html
SAN CARLOS (News) - A man who claims to have reduced his waste to nearly nothing out of concern for the environment now faces a lawsuit from San Carlos for canceling his garbage-collection service.
Eddie House, 53, says he was shocked when he was served with a lawsuit Sunday at his Cedar Street home.
The lawsuit, filed by San Carlos Deputy City Attorney Linda Noeske in San Mateo Superior Court on Jan. 22, seeks a permanent injunction forcing House to maintain garbage service. City officials are also seeking to recoup from House the costs of the lawsuit.
The lawsuit claims House broke the city's municipal code requiring all residential, commercial and industrial properties to contract with Allied Waste for pickup at least once a week - a standard requirement in most cities, San Carlos Deputy City Manager Brian Moura said.
House says he stopped his service with Allied Waste about a year ago after realizing that his garbage cans were nearly always empty.
"It's just me and my dog, so I don't have a whole lot of garbage to begin with and I recycle everything," he said.
House recycles paper, metal and plastics, regularly hauling them in his pickup truck to a recycling center and collecting the refund, he said. What little backyard waste he generates is ground into powder by his wood chipper and food scraps are either pulverized by his garbage disposal or eaten by his dog. House's larger items are either sold or given to people on Craigslist, he said.
"I don't understand a city ordinance that requires you to fill up a can. That's downright foolishness," he said.
Moura said House's lack of garbage service was brought to the attention of city officials after neighbors complained that House was causing foul smells by burning his garbage.
House acknowledges that the fire department was called to his house several times, but says that each time he was simply burning firewood.
House has made ongoing complaints to city officials over the apartment building next door, which he claims was built too close to his home and generates litter and parking problems. He said he fears that being sued by the city is retribution for being a "sore thumb."
Moura denied the city's action was personal.
"We don't go out looking for these things. When the city does take code enforcement action, it's usually something that's brought to our attention by neighbors," he said.
-- Nothing starts a good fight quite like a City Ordinance...
LINK: http://www.examiner.com/a-1187195%7ECity_sues_man_for_canceling_trash_service.html
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This is the same BS that happened to a guy who owned property next to mine when I lived in the city (a small city here on the central coast of California). He constantly called the City to task when they routinely broke various rules, he challanged their frequent arbitrary rulings on various matters. They in turn always lowered the hammer on him for everything he did, including parking a police car on the street and ticketing him when he exited his drive onto the public street, claiming some traffic infraction.
This guy needs to get an attorney and file a huge, multi-million dollar personal lawsuit against the city. I am almost certain there are any number of small legal groups that would take it on contingency, especially if he offered a 60(for them)-40(for him) split.0 -
Say it isn't so! An attorney would jump into a lawsuit to make money?
And I thought they were all in it to make society a better place.
I'm sure the ACLU will jump right in and make this right.0 -
quote:The lawsuit claims House broke the city's municipal code requiring all residential, commercial and industrial properties to contract with Allied Waste for pickup at least once a week - a standard requirement in most cities
i,ve always felt that is wrong, not that it could lead to corruption by honest politicians or anything, we have a mandatory company here {Waste Management} , and they suck, i contract out to a mom and pop company anyway, they are great people to deal with0 -
Only in America can someone get into trouble for not generating enough garbage at the house. 0 -
quote:Originally posted by kristov
Only in America can someone get into trouble for not generating enough garbage at the house.
Ain't that the truth?!0 -
getting charged for NOT making enough rubbish?...."ony in amelica"
i would let it go to court, and id make sure there was media all over the place as well!!!
this is insane!!!
if anything he should be getting rebates for doing the right thing!!!
stupid, stupid stupid law!!0 -
City's gonna lose this one... 0 -
So did the guy get a ticket for burning trash? or is that legal wherever he lives? 0 -
Moura said House's lack of garbage service was brought to the attention of city officials after neighbors complained that House was causing foul smells by burning his garbage.
House acknowledges that the fire department was called to his house several times, but says that each time he was simply burning firewood.
There are two sides to every story. I bet he was burning garbage and that is the secret to why he doesn't need garbage pick up. Firewood smells good, I don't see neighbors calling to complain about that. I have a neighbor who burns garbage, her trailer is 1/2 mile away from me and I can smell that stinking garbage burning and it is a lot different from the smell of firewood.
Burning garbage is nasty and if it is not a code violation it should be.0 -
This guy should be commended for his recycling efforts but isn't not paying his trash bill like not paying the school assessment part of his property tax bill because he dosn't have any children?
I wish I could get away with that. I havn't had a kid is school in 20 years!0
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