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November 26, 2009

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Classic clash: Car owners in fender bender with county code enforcers

Wednesday, May 23, 2001 | 11:13 a.m.

When Las Vegas resident Bill Stojack fought code enforcement officers who tried to get the former firefighter to relocate his prized possession -- an armored personnel carrier -- it was one man's fight.

But now that Stojack has reached an agreement with the city to keep his 1967 Alvis Saracen on his property, he is helping other classic car owners in Clark County who say county code enforcement agents are treading on their property rights.

At the heart of the matter are car owners who value their old cars like their own children, and code enforcement agents who are challenged with keeping the neighborhood free of what some call "junk."

While numerous meetings have been set up between local car associations and county officials, the car owners say they will not change their stance and are threatening lawsuits if code enforcement officials continue to cite them.

At a recent Nevada Car Owner's Association meeting, 70 classic car lovers met to discuss their problems with the county.

Several members complained that they are being forced to register their classic vehicles -- which they are in the process of restoring -- and allege the county officials are trespassing on their private property.

Stojack tells the car owners his tale of his fight to store his two military vehicles on his property. In the end, the Las Vegas City Council allowed him to keep his two armored carriers on city streets. But if he wants to keep them in his driveway, he has to license them and cover them from view.

"The problem is basically going away in Las Vegas," Stojack said. But not outside the city limits, in unincorporated parts of Clark County.

County resident John Szymanski said he was cited several times for cars he has on his property -- a '56 Chevy in the back yard, and a '70 Charger and a '72 Chevelle in the front yard.

"I don't think anyone has a right to come in and invade a private home, say what's junk and what isn't junk," said Szymanski, a resident since 1986. "I'm so proud of my cars. I love to show them off.'

Code enforcement officers told him the cars must be registered and operable.

The car owners believe they are exempt from licensing their vehicles. They point to a Nevada law that says residents may not keep more than two unregistered vehicles on their property unless they are classic vehicles that are in the process of being restored.

Jim Sohns, president of Nevada Car Owners Association, said the car owners have no choice but to file a federal civil rights class-action lawsuit against the county if things don't change.

"Code officers are not peace officers," said Sohns, a former police officer in Hawaii. "Yet they trespass, and they go on people's property."

Jim Foreman, director of the county's public response office, said he has been working with the classic car owners for years but hasn't been able to reach a common ground.

He said his office is charged with preserving neighborhoods and making sure they don't look like "junk yards."

He says the car associations wrongly interpret the state statute, which refers to the licensing of vehicles. County code, which the code enforcers use, says a vehicle is considered junk if it is not operable. Zoning code also stipulates that in some areas only two vehicles can be kept at a home.

Foreman said he has been out to properties that have up to 100 junk cars that aren't operating and can pose a hazard if the lots catch fire or small children get cut on sharp car edges.

"They have to be licensed, they have to be operable, or they're considered junk cars," Foreman said.

"When we run into problems, is when people have 45 cars that don't run, and they have no intention of having them run."

Foreman said the county has the authority to regulate land uses and eliminate hazards, even if it means coming on private property.

And although he hasn't been able to reach an agreement with car owners, Foreman said he still wants to work with the associations so both parties can reach their goals -- keeping classic cars and preserving neighborhoods.

"Our whole idea is to work with people and work their problems out," he said. "We're not against them in any sense."

In the meantime, Stojack said he will continue to work with classic car owners and with representatives from Clark County, Las Vegas and North Las Vegas to get uniform codes throughout the Las Vegas Valley.

"I'm the last one who wants a junk car in our neighborhood, but there's a difference between junk and something being restored," Stojack said.

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