water and mud run-off

[confusedKK]

People bought a vacant 2 acre lot next to us. They filled in a little less than 1 acre of the lot, raising the land 2-4 feet higher than the adjoining properties. We are now getting water and mud run-off from the land. We are told the codes are vaguely worded and unprosecutable, and civil action may be the way to go.

Are there any enforceable rules or regulations in place for such situations? How can one take any civil action if the neighbors are not breaking any rules?

 

[dee_dub]

They might not be violating any statute, but what they're doing might constitute a private nuisance that you can sue them over. "Nuisance" = something your neighbour does on their property that extends onto your property and interferes with your quiet enjoyment of your property. You could recover damages (like, say, the cost of cleanup) if you sue them in court and win. Talk to a local attorney to see what your prospects are.

 

[confusedKK]

Thanks for the reply.

We do not understand why we should spend thousands of dollars to fix a problem someone else created. Would we be able to recover money spent for attorneys and court as well?

 

[confusedKK]

Shortly after the owners bought the vacant property, we talked with them. They had bought the lot with intentions of filling it for a one-story house to be built on a slab. They told us they would be putting in drainage.

After the owners started filling the lot and we started getting water and mud on our property, the code enforcement officer issued the owners a code violation letter. The code enforcement officer had told us that the owners were supposed to be taking care of the drainage all along - not just when the actual building would be going in.

The owners finished filling in the lot, did not put in any drainage, abandoned their plans for a home, and placed the lot for sale. The code enforcement officer then reversed his decision regarding the violation. He is now stating that since there is no actual building involved, there are no rules or regulations which apply.


We have also recently found out that the village board and the code enforcement officer did not make the owners submit any plans in writing or get any permits before commencing with their project.

Are the village board, the code enforcement officer, or the owners responsible in any way?

 

[T_tops]

Very helpful answer dee_dub that helps me out also, thanks

 

[dee_dub]

The code enforcement officer then reversed his decision regarding the violation. He is now stating that since there is no actual building involved, there are no rules or regulations which apply.


We have also recently found out that the village board and the code enforcement officer did not make the owners submit any plans in writing or get any permits before commencing with their project.

Are the village board, the code enforcement officer, or the owners responsible in any way?

The officer personally is very unlikely to be responsible. Either he was wrong originally when he cited your neighbour or he is wrong now, but either way, how has that error harmed you? FWIW,

He is now stating that since there is no actual building involved, there are no rules or regulations which apply.

that sounds exceedingly implausible to me. These sorts of statutes usually refer to "construction" or "works" or things of that ilk. There doesn't need to be an actual building for it to be subject to code.

Allowing the building to proceed without a permit will likely fall to the village, not to the officer personally.

Without knowing what your municipal code says, it is impossible to say whether the village board has done anything wrong in allowing the building to proceed without a permit. Many municipalities are statutorily exempt from claims like this.

I would strongly suspect that the owners breached code, and might be liable in negligence for not taking proper care in construction, or in nuisance for allowing the mud to escape.

The only way to really sort out who is liable is go to court. Or settle. I suggest you contact a local attorney.