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uberzev Franchise Player
Joined: 25 Jan 2002 Posts: 19120 Location: SDSU
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Posted: Tue Aug 01, 2006 4:03 pm Post subject: I got a $200 fine for throwing trash in a dumpster - any ideas? |
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I had a bunch of crap to throw away in the process of moving to another living location. Most of it was simple paper/plastic with a few other items like a broken clock radio. The place I was moving from had a dumpster in their recreation/park complex that I assumed was open to use for paying residents. Well lo and behold they say they have me on tape doing "illegal dumping" and I have to pay a $200 fine.
_________________ Lakers Gonna Lake |
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TNLakersFanInLA Star Player
Joined: 21 Nov 2004 Posts: 9657 Location: Chattanooga, TN
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Posted: Tue Aug 01, 2006 4:09 pm Post subject: |
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if you explain that in court, im sure he'll throw it out. _________________ Monta Ellis: "Kobe is #1, I'm #2, LeBron is #3." |
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Charles Star Player
Joined: 22 Sep 2004 Posts: 4525
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Posted: Tue Aug 01, 2006 4:10 pm Post subject: |
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you're better off throwing it in the street |
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uberzev Franchise Player
Joined: 25 Jan 2002 Posts: 19120 Location: SDSU
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Posted: Tue Aug 01, 2006 4:13 pm Post subject: |
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Aparently its stated in the "rec center handbook" (which I never knew existed) that the dumpsters are for groundskeepers only. They'd just argue that I should have read it. _________________ Lakers Gonna Lake
Last edited by uberzev on Tue Aug 01, 2006 4:16 pm; edited 1 time in total |
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uberzev Franchise Player
Joined: 25 Jan 2002 Posts: 19120 Location: SDSU
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Posted: Tue Aug 01, 2006 4:14 pm Post subject: |
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Charles wrote: | you're better off throwing it in the street | Yeah, well I thought I was doing the right thing. _________________ Lakers Gonna Lake |
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Dorray Star Player
Joined: 06 Feb 2006 Posts: 3494 Location: San Francisco
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Posted: Tue Aug 01, 2006 4:17 pm Post subject: |
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Wow thats so lame. Hopefully you can explain yourself in court and not have to pay that rediculous fine. By the way, not littering is very cool. |
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Socks Franchise Player
Joined: 01 Feb 2006 Posts: 10761 Location: Bay Area, CA
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Posted: Tue Aug 01, 2006 4:20 pm Post subject: |
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Who exactly is fining you? Is it the apartment complex? If so, they'd have to take you to court on this, which means they will be paying fees likely in access of $200. Something for them to think about if they want to pursue this.
Don't admit guilt, ask to see the tape. They don't have to show it to you, but if they don't that's a sign of weakness on their side. Also, look around the dumpster for a camera. Are they bluffing?
Find out the exact rules governing this dumpster. Is it open to paying residents? Were you still a paying resident at the time? Is there any sort of sign around the dumpster outlining usage? If there is not, take a picture of that area so you can prove there were no signs there that outlined that dumping anything there was prohibited. If they don't tell you you can't and it's property where you are a resident, that makes it a tough case for them. |
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uberzev Franchise Player
Joined: 25 Jan 2002 Posts: 19120 Location: SDSU
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Posted: Tue Aug 01, 2006 4:26 pm Post subject: |
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Socks wrote: | Who exactly is fining you? Is it the apartment complex? If so, they'd have to take you to court on this, which means they will be paying fees likely in access of $200. Something for them to think about if they want to pursue this. | Well technically they fined my former landlord and aparently she already payed the fine. Now its easy to deduct the $200 from my deposit.
Quote: | Find out the exact rules governing this dumpster. Is it open to paying residents? | Aparently Not.
Quote: | Were you still a paying resident at the time? | Yes
Quote: | Is there any sort of sign around the dumpster outlining usage? If there is not, take a picture of that area so you can prove there were no signs there that outlined that dumping anything there was prohibited. If they don't tell you you can't and it's property where you are a resident, that makes it a tough case for them. | Well aparently its in the "handbook" so they don't need a sign. _________________ Lakers Gonna Lake |
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Socks Franchise Player
Joined: 01 Feb 2006 Posts: 10761 Location: Bay Area, CA
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Posted: Tue Aug 01, 2006 4:27 pm Post subject: |
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uberzev wrote: | Aparently its stated in the "rec center handbook" (which I never knew existed) that the dumpsters are for groundskeepers only. They'd just argue that I should have read it. |
If they don't make the "rec center handbook" readily available and there are no signs around the dumpster, you've got a good argument.
I think all these laws are different depending on what county you're in, but my girlfriend's father owns some commerical property that of course has a dumpster on it. It's located right next to an apartment complex and those guys would always cross onto his property and dump things there like trash, couches, etc. He had witnesses that were willing to state that they had seen people from that apartment complex throwing stuff out there, but when he talked to the city about it, they said he needed to put a sign up there prohibiting anyone from throwing stuff away there or else he'd have a rough time with any sort of case (they also recommended cameras). Bottom line is it's hard for a property owner to win a case unless they have the trash with your name on it somewhere. Ultimately they recommended he invest in a gate around the dumpster with a lock on it. So depending on whether you feel it's worth it, you probably have a good chance of winning any dispute. |
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uberzev Franchise Player
Joined: 25 Jan 2002 Posts: 19120 Location: SDSU
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Posted: Tue Aug 01, 2006 4:34 pm Post subject: |
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I think its unfortunately going to come down to a fight between me and my former landlady. The rec people have a solid case.
I really have no ill will against her; she was very nice to me for the year I lived there. In her opinion, the fine was deserved because I violated the rules and she doesn't want to stir the pot and have her good standing tarnished. In my opinion, its not my fault because she never gave me the full info and just told me to enjoy the park.
_________________ Lakers Gonna Lake |
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Socks Franchise Player
Joined: 01 Feb 2006 Posts: 10761 Location: Bay Area, CA
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Posted: Tue Aug 01, 2006 4:37 pm Post subject: |
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Aaaah...yeah, tough spot, sorry dude. Best of luck. |
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Socks Franchise Player
Joined: 01 Feb 2006 Posts: 10761 Location: Bay Area, CA
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Posted: Tue Aug 01, 2006 4:42 pm Post subject: |
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Hey, you could always hit up MIM for some free legal advice - lawyers love it when that happens .
According to another thread, he's a real live lawyer that covers what seems like an overlapping area:
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^^^Civil litigation, mostly defense, ranging from premises liability to employment litigation to breach of contract and other business disputes.
MIM | [/quote] |
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uberzev Franchise Player
Joined: 25 Jan 2002 Posts: 19120 Location: SDSU
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Posted: Tue Aug 01, 2006 4:44 pm Post subject: |
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Nice, I'll give him a ring. _________________ Lakers Gonna Lake |
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LakerLanny Retired Number
Joined: 24 Oct 2001 Posts: 47632
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Posted: Tue Aug 01, 2006 8:46 pm Post subject: |
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Shave your head and take it to court. No way is their video clear enough to pin you Uberzev!
Also, that handbook was written in English I assume. Don't they know you only speak Portuguese? _________________ Love, Laker Lanny |
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LarryCoon Site Staff
Joined: 11 Aug 2002 Posts: 11267
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Posted: Tue Aug 01, 2006 9:10 pm Post subject: |
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My non-legal opinion is that the dispute is between your LL & the association/management. But since your LL decided to tacitly admit guilt by paying, then that dispute is over.
Now it's between you and your LL as to whether they can seek reimbursement from you by subtracting it from your deposit. If it's only in the handbook, and you were supposed to know the rule, then it's the LL's duty to provide you with that handbook -- or at least inform you of the rules. The cost for failing to follow a rule you did not know and could not know because of your LL's failure to provide you with the necessary information should not be passed onto you. As the property owner, your LL is responsible for paying the fine. And by not providing you the necessary information, they gave up their ability to seek reimbursement from you for it.
My best guess is that you make that argument, and then end up agreeing to split the difference. $100 is better than $200. |
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lakersfreak Franchise Player
Joined: 11 Apr 2001 Posts: 12389 Location: Riverside Rescue
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Posted: Tue Aug 01, 2006 10:08 pm Post subject: |
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sounds like a scam |
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LALfan4life Star Player
Joined: 11 Jul 2004 Posts: 1266
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Posted: Wed Aug 02, 2006 8:34 am Post subject: |
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Sounds fishy to me too. If I were you I'd ask to see this "tape" and more importantly the bill she supposedly paid to the rec. center. Make sure the landlady isn't trying to pull a fast one. |
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Flight Star Player
Joined: 10 Jan 2003 Posts: 4740 Location: The OC
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Posted: Wed Aug 02, 2006 12:09 pm Post subject: |
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You get fined for throwing garbage in a garbage can. Hmmm.
WTF!!! |
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LaLakers999 Star Player
Joined: 10 May 2006 Posts: 1103
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Posted: Sat Aug 05, 2006 2:17 pm Post subject: |
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rec park dumpsters are for rec park usage and trash only.... dumping there is strictly prohibited.... If there is no dumpsters in your apt building complex and the only dumnpster is in the park, then thats a california law violation and you have a case to fight for your 200 dollars.
However... if you have excess trash and the apt dumpster (assuming if you have one) is not enough then you must order a private pick up from the city which you have to pay out of your pocket...
According to corporate America ..... this crap here is how to protect the consumer but all i see it as Dollar signs in Conservatives eyes...
either way your screwed.... Unless you apt complex does not have a trash bin then you have a case to fight because you need a bin to throw away excess trash... your building must have one present |
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Kobe8LG Star Player
Joined: 02 May 2002 Posts: 1716 Location: LakerTown
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Colby Briant Star Player
Joined: 14 Aug 2002 Posts: 2940 Location: Los Angeles
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Posted: Sat Aug 05, 2006 6:42 pm Post subject: |
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hahahaha man i know how it feels to get these association fines
when i was living at this condo in northridge a few years ago, i got fined for all kinds of cool stuff. heres a list of fines i could remember:
$50 - parking in guest parking spot ( i got fined for this like 5 times)
$50 - walking through hedges
$100 - glass in pool area
$100 - hanging black curtains on windows
$100 - partying past 10pm on a weekday (loud music)
stupid crap like that. needless to say i moved out of that craphole quick. |
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LaLakers999 Star Player
Joined: 10 May 2006 Posts: 1103
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Posted: Mon Aug 07, 2006 9:54 pm Post subject: |
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Kobe8LG wrote: | I'm sorry what were you saying Lakers999? nice avatar |
avatar is gone.... nobody would pay attention to me.... now i know how women feel <~~~(at least the pretty ones) LOL |
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