Neighbor from Hell - Tree Background

There is other stuff, but this is specifically The Tree...

March 2000 - We finish building and move into our beautiful new home in Buckhead. The kids start school in one of the best public elementary schools in the state of Georgia, which is why we moved 'upscale', and life is good.

October 2001 - The new neighbor moves in.

November 2002 - We have several dead trees on our property cut down. Neighbor at that time wanted us to consider taking down another very large--live--tree in our backyard because the branches overhang their backyard (30 feet up), no where near their house, which is toward the front of their property; however, the branches overhang their pool, which was put in the year before (2000) by the previous owner. We considered the situation, trying to be neighborly, but:
a) It's a live tree. (We would need a permit from the City.)
b) It would cost several thousand dollars to take it down.
c) They didn't want to participate in the cost, as it was our responsibility.
So we said NO--it was a live tree and we didn't want to take it down.

February 2003 - We received a Certified, Return-Receipt-Requested letter from our next-dooor neighbor, indicating their interest in having the tree removed--with a statement from an arborist stating the tree was a hazard and their insurance agent's opinion that this was our responsibility. (Note this was the middle of winter and none of the trees had any leaves on them.)

May 2003 (Spring) - We declined. We had a certified arborist come assess the tree in question, and several others on the fence/property line, and we paid $900 to revitalize the trees in question (aerate the root zone and deep root feed) and prune out dead branches. We hoped that would resolve the issue--

May 2004 - Neighbor has our certified arborist do an assessment and send us a letter indicating "Despite last year's initiative to revitalize the tree, it seems unfortunate that the declining cycle of this oak tree has not been reversed." When, in fact, all you have to do is LOOK at the tree and it looks great, much better than last year, and fortunately we have dated pictures to prove considerable improvement in the number of leaves and condition of the tree--it is far from dead, or dying.

May 2004 - We decline. "We have done all we are going to do with the tree."

Sept. 21, 2004 - We receive a Certified Letter from the City of Atlanta Bureau of Housing Code Compliance indicating a violation typed in on the list of violations:
"DEAD TREE ON PREMISES IN DANGER OF FALLING" with "also nuisance trees" written in...

Neighbor from Hell - Response

Trying not to obsess over the VIOLATION REPORT, because I've got more important things to do--but, I don't want our beautiful home to be condemned, and I certainly don't want hubby or myself to be arrested for "failure to comply"...but this thing makes no sense!

#1 - We don't have any dead trees on our property! (We do have a NFH)
#2 - "Nuisance trees"??? Okay...

I would have to say "nuisance trees" is highly subjective.
Is there a specific code reference for this "DEFICIENCY", like all the others?
What are our legal requirements and responsibilities regarding "nuisance trees"?

#3 - Obviously, this report was instigated by a complaint. Are we entitled to a copy of the complaint so we have more specific information?
#4 - What is our recourse in this situation? Appeal rights?

#5 - This isn't really a question for the City, but more for our NFH:
"WHERE DOES THIS STOP???"

I have to tell you all, Buckhead is a land of affluent housewives (I am not one of them, this has all been a terrible mistake!), well-known in the community as "Buckhead Bettys", who stay at home, hire full-time help with the house and the kids, and have far too much time and money on their hands--GET A LIFE! (There are others like me, the Rebel Housewives, I know they're out there!)

But I digress--
I called the City Housing Code Division this morning, at 8:15 a.m. I spoke with the nice lady who answered the phone, she transferred me to the Inspector...voice mail. I left a brief--but pleasant--message.

I called again at 9:45 (don't forget my window of opportunity here is 8:15 - 10:00 a.m.). I spoke with another nice lady who answered the phone. She said our Inspector was not in today, would I like to speak with the Supervisor? Sure! She transferred me to the Supervisor...voice mail. I left a brief--but pleasant--message.

Neighbor from Hell - Latest

Settle in with your cup of coffee (or favorite beverage), this could be a long one...

I am holding in my hand this morning a "City of Atlanta Bureau of Housing & Code Compliance" VIOLATION REPORT we received, Certified Mail, Saturday, August 21, 2004.

"You are hereby notified that the above stated property [our residence] has been inspected and found to be in violation of the ATLANTA HOUSING CODE. You are further notified to correct the violations stated on the attached list in accordance with applicable codes in a workmanlike manner. Failure to comply with the provisions of the Atlanta Housing Code or to make the corrections stated below within the time limit specified in this notice is unlawful and will subject you to prosecution in the Municipal Court for violation of the Atlanta Housing Code, and, or a petition to the Court for the purpose of having the property declared unfit for human habitation and directing that the property be placarded and, or a petition to the Court for the purpose of declaring the property a nuisance and on Order directing the nuisance be abated."

Phew! Okay, so our lovely home and property in an upscale neighborhood of Atlanta is about to be condemned??? What could we possibly have done?

REPAIRS MUST BEGIN BY: 20-AUG-2004 [note: we received this 8/21/2004]
REPAIRS MUST BE COMPLETED BY: 04/SEP/2004

(X Mark indicates current violation(s) at above property)
The table is headed with a blank column, "C/NC", "DEFICIENCY", "LOCATION", "REMEDIAL ACTION"

There are 9 items listed in the DEFICIENCY column, all except #9 have a Housing Code reference and explanation, for example:

1. HC-SF01 - Junk, trash or debris
2. HC-SF02 - Junk vehicle(s)
3. HC-SF03 - Overgrowth of grass, weeds or kudzu
4. HC-SF04 - Open and vacant building(s)
5. HC-SF05 - No water: (Emergency) Hot ( ) Cold ( )
6. HC-SF06 - No heat: (Emergency)
7. HC-SF07 - Vacant lot - overgrowth/trash & debris
8. HC-SF08 - Leaking/inoperable plumbing
9. DEAD TREES ON PREMISES IN DANGER OF FALLING
[written in, blue ink:] "Also nuisance trees"

Guess which one? Check! #9
LOCATION: REAR
REMEDIAL ACTION: CUT DOWN & REMOVE

And that's pretty much it...oh, there is
IMPORTANT INFORMATION:
No permit or permit fee is required for any repair work with a total valuation of less than $2,500, provided that such work is otherwise lawful.

If additional information is needed, you may visit or telephone your inspector, [name] Housing Code Division, [address], City Hall between 8:15 - 10:00 a.m.[emphasis mine], [phone #] on Monday through Friday.

[Big Sigh]

Publisher's Weekly Review

From Publishers Weekly on Amazon.com...
"For all their cheeky rebellion, fun-loving housewives Caldwell and Todd succeed in imparting lots of practical advice in this slim little book. In six sections ("And Baby Makes Three," "Men, Sex & Other Fantasies," etc.), the saucy pair present a slew of housewife myths ("you can turn your frog into a prince"), shatter them with bold reality checks ("once a frog, always a frog"), declare rules ("buyer beware!") and then tack on a laundry list of quirky Rebel Rx to keep domestic life sane and happy. Seasoned wives and mothers probably won?t encounter anything new in the book?it focuses on familiar issues like surviving the in-laws, a tight budget and underappreciation. However, women new to the roles will find useful tips on how to cope with life after the honeymoon, the arrival of children and OPMs (other people?s monsters). The authors even cover the basics of choosing when to indulge in a mental health day and if and how to flirt with the handyman. Not all the advice is groundbreaking or brilliant, but some of it is, and the light humor saves the book from feeling hackneyed. As a solution to lack of post-marriage passion, for example, the duo suggest: "Have an affair, if you must! Just be sure it?s with your husband. It?s a lot safer, easier, less expensive, and can be really fun!" Perfect for readers with short attention spans, this series of snippets is aimed at no-nonsense, contemporary women who, at the heart of it, are decent and loving wives and mothers."
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.

Amazon.com Sales Rank: 1,922,546

Hey, we moved up! And I think we're AVAILABLE on Amazon.com (authors are the last to know these things???), but we're not on the real-world shelves just yet. We even have a review over on Amazon!

The Weekly Update is out, just a little late this week, and has all the latest:
1) The Very First Ever REBEL HOUSEWIFE ONLINE CONTEST!
2) This Week's Rebel Column: The Neighbor Résumé
3) This Week's Rebel Review: ClubMom!

I've added some new sections and information on the website, and there will be more...