The wall, part II

Well, the bastards did it.

They made me stop working on my
wall. Yep, The day before yesterday, a man from the Department Of Building and Safety came out and issued a "stop work" order.

The reason he was there, the man explained, was because of a letter from an "anonymous" neighbor. He was just doing his job, he said apologetically.

I replied that I understood that but asked whether or not this wasn't "selective enforcement" of the county's rules. My wall, you see, is exactly the same height and set along the same line as the walls of the neighbors on either side of me. However, nobody complained about those folks.

The man turned a slight shade of pale and stated that he wasn't an attorney. He gave me the "just doing my job" line again.

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To cut to the chase, after going through lots of fairly unpleasant hoops, I am, once again, building my wall. I now have to use low-voltage power to run my gate and lights, as the Department Of Building and Safety has refused to give me an electrical permit, thanks to Mr. Anonymous' complaint. Moreover, if Mr. Anonymous chooses to strike again, I have been forewarned, that the folks who just do their job will be back out. The results could include a $1,000-a-day fine, if I choose not to tear down my wall (or move it -- move it? Where?) as well as the filing of criminal charges.

Following is a letter I wrote to the rest of the 40 homeowners in my community. As of this point, I have not, on the advice of friends, sent it out. I would like you to read the letter. In it, I employ a tactic which is called "deflection." The idea is, that after the neighbors get the letter, Mr. Anonymous will never again complain about my wall, because if he does, he'll have a lot of angry neighbors on his rear end.

My friends tell me that since this is such a small community (and I have explained what I intend to do to several of the people in the neighborhood) that everybody already knows I will never again be harassed because I have already put the fear of God (or at least the fear of a $1000-a-day fine) into the hearts and minds of all the good folks in my community, and that Mr. Anonymous has already gotten the message, loud and clear.

I'm not so sure.

I want you to read the following letter, and send me your opinion, post haste, as to whether or not I should send it out.

I anxiously await your replies:

An open letter to the members of the Edenwilde community From: Stuart Goldman

June 6, 2000

Dear Neighbors,

If my name doesn't mean anything to you, I'm the new guy in town. You may not know me personally, but you know my house. It's the one with the wall.

Right, that wall.

It is on the subject of my wall that I write this missive. I must tell you that I am writing it against the advice of some of my neighbors, who suggested -- after last night's meeting of the Edenwilde Homeowner's Association, which I attended -- that I simply let this die. And I want you all to know that is my intention.

Nonetheless, and upon the advice of my attorney, I am writing this letter to all of you, because each and every one of you have not been affected by the building of the wall that now sits in front of my house.

I will explain. Yesterday, I received a citation from the Department of Building and Safety stating that I was in violation of certain codes. The violation came as the result of an anonymous letter from someone within the Edenwilde community.

Frankly, all this did not come as a great surprise as I had been advised by my neighbor that I would shortly "be paid a visit by the city." Prior to that warning, I had heard rumblings that my wall had caused consternation among the community, although I must state for the record, that nobody complained to me directly.

While walking in the street, I would occasionally talk to someone. In each case, the people were polite, and, when the subject arose, they told me that they "liked my wall." Also, in each case, the individual would mention that certain others (always unnamed) were upset about the look of the wall.

I full well understood this, by the way. As the wall was (and still is) unfinished, it was (and still is) an eyesore. A big white stucco wall in the middle of this little rural woodsy community. Had anyone bothered to ask, I would have explained that when finished, the wall would be entirely in keeping with the "natural" feeling of the community (you'll just have to trust me on this). But again, as I said, nobody spoke to me in person.

For the record, I explained the above sentiment (that the wall would, after being panted in earth tones and landscaped) to Mr. Ed Lojesky, president of the Homeowners Association, and to the Architectural Committee in a letter dated March 18. I also submitted, per the CCR's, a complete set of drawings.

Following last night's meeting -- which contained a healthy venting of feelings -- my understanding is that, indeed, I do have the blessing of the committee.

Now, let's get to the bad stuff.

Mr. Anonymous stated in his letter (which my contractor read, for the record) that he wanted to stay nameless because he "this was a small community and he did not want to start a feud."

Unfortunately, in writing the letter, that's exactly what he did.

I think you all know that both the county and the city do not want to enforce these rules. They're far too busy. Both the inspectors at the Department of Building and Safety as well as the Department of Regional Planning told me this -- that in effect they look the other way, unless and until they get a complaint. Then they are obligated to issue a citation. They have no choice.

At this point, neither do I. Because of the actions of this one individual -- who was rightly referred to as a "coward" by a longtime member of the Homeowner's Association -- I have become the victim of selective enforcement by the Department of Building and Safety and the Department of Regional Planning. The letter writer full well knew the effect his letter would have. Unfortunately for the letter writer, I am currently in compliance with the rules and regulations of the Department of Building and Safety. However, the letter writer can -- if he so chooses -- continue to complain. And the city will -- as is their duty -- be forced to continue to harass me.

Thus, I find myself in the unenviable position of having to defend myself. After much thought, it's clear that the only way I can do this is to report every other violation of the very same rules and regulations that are being used against me. That means every one of you in this community who are in violation of any portion of any codes and/or rules and regulations pertaining to your property. That means all of you who have built unpermitted structures, added onto their homes, or whose fences or walls are set too far out into the street. That means all of you who have rented out rooms or guest quarters on your premises. That means any and all of you who have any edifice over 42 inches in height (including plants) within the setback area on the fronts, sides and backs of their homes.

My attorney informs me that I must take this action, in order to protect my rights under due process of the law. That if I don't take this action, I am, in effect, waiving these rights.

I think the situation is painfully clear. Because of the actions of this one individual (or perhaps several individuals who wrote under the guise of one person) you are now all under the gun. And make no mistake, I will call in these violations. And the city of Calabasas (and/or the city of Los Angeles) will -- as they have with me -- be forced to take action.

I know there are those of you who may know nothing about this. But I also know full well that many of you know who the party or parties are that wrote the ill-fated letter.

As a newspaper reporter for 15 years and private investigator, it is my job to find information. I am very good at my job. Thus finding the information I need (most of which is public record) regarding any violations within the Edenwilde Community will be a veritable piece of cake.

Again, I intend to take no action at this point. Not against any of you, nor against the individual who issued the complaint. After all, it was their right to complain.

It is also my right to complain, as both the county and city inspectors acknowledged. In fact, they advised me that they realize that taking this action (along with a lawsuit for selective enforcement) would be my single line of defense. Because in appealing my case, I would need to show that the rest of the neighborhood is, in fact, also in violation. I hope you understand, then, that I would do this, not out of choice, but out of necessity.

These are serious charges, by the way. If pursued, citations can result in fines of $1,000 a day (each day is considered a new violation) and/or criminal charges being filed against individuals who refuse to comply. The city has informed me that they actively pursue these actions. They are, after all, just doing their job.

I'm sure you don't want to incur these charges. I certainly don't. Thus, it would behoove all of you in this community to suggest as strongly as possible to Mr. Anonymous that he rest his case. Because I promise you, the next time an inspector shows up at my door, I will be on the telephone. After that, I suspect, Mr. Anonymous will have a lot of angry neighbors at his doorstep.

I am sorry to have to take this action, but I think if you put yourself in my shoes, you'll see that I have no choice. I will not be selectively harassed or discriminated against over an issue of taste or aesthetics -- which is exactly what this is. Nobody cares whether my wall is five feet high or seven feet high. They're upset because they don't like how it looks.

Frankly, I don't like how many of the houses in this community look. Some of them look a bit, well ... ragged. Others look like they're straight out of "Tobacco Road."

But enough of this. I will add one final comment, and then close this all too lengthy document. After the meeting of the Homeowner's Association, one of my neighbors said that he was "offended at the sight of my wall."

Well, I'm sorry about that. Frankly I am offended by small minded, back-biting, guttersnipes who have nothing better to do than to make someone's life miserable. I am offended by weaklings who hide behind anonymous letters. I am offended by people who attempt to force their idea of what's beautiful down their next-door neighbor's throat. I am offended by bullies, cowards and people who work under the cloak of darkness.

If I sound angry, I am. I have been attacked at the very core. My home. I moved here for the same reason each of you did: for peace, tranquility, and the beauty of the neighborhood. I intend to enjoy those things.

Let me repeat: my position at this time is that the issue is finished. I will complete my wall (only the mere beginnings of a long-term renovation project on my property, which I believe will beautify, as well as up the value of the neighborhood).

I am more than happy to speak with anyone who wishes to discuss the above with me. In fact, I welcome your input.

You all know where I live. There's no gate up (yet), so just come on over. ...

Best,

Stuart Goldman