Savage Beatings Posted June 1, 2007 Share Posted June 1, 2007 Here's the situation... The house next door to mine is a Model Home owned by a large local builder (been for sale for about a year). The yards are not fenced in or anything so there is nothing separating the lawns, etc. I have three kids (son almost 3 years old, step-daughter 9, and step-daughter 11). We also have a lot of other kids in the neighborhood that are around their ages. All of the kids play at each others' houses and run all over the place together. We tell them to stay out of the yard of the Model Home next door, but they are kids, and they oftentimes will run through that yard. Here's the issue. In the back yard of this Model Home is a very deep and open window well. Twice now we have had to scold/punish my son for running too close to this open window well. If you saw it, you'd agree that one false step and the kid would be toast. Today, the builder was there at the Model Home so I stopped over on my lunch break and very politely explained that the kids often run by that open well, and I wondered if they had any plans to eventually cover it up. Well, the guy was a dick. Maybe he was just having a bad day or something, but his attitude wasn't even close to being warranted. He was very short with me and very curtly said that no, they would not cover it up. I smiled, said ok, and started walking away. Then, just so that I could document my conversation with him I turned around, went back and asked for his name. Here's the ironic thing... just last week I called that building and left them a message to let them know that they had a broken sprinkler head that was pouring a ton of water out next to their foundation. They called back to thank me for looking out for their best interest, and they got it fixed in a few days. Guess I can't repay the compliment. So, what do you think? Am I being unreasonable to ask the builder to consider the safety of not just mine, but all of the neighborhood kids, and cover up this window well? I know it's my duty as a parent to keep an eye on my kids and to keep them from the other yard... but as any other parents know, especially with the younger kids, you just can't always get them to listen and behave. So what else can I do? I'm trying to tell the kids to stay away, but that's not working very well. I've now appraoched the builder and the guy was a jerk about it. Do I have any other recourse whether legally, politically, or socially? Or do I just forget about it, and if someone falls in, they fall in. Chances are nothing will ever happen, but on the slim chance that it does the consequences could be fairly serious. Quote Link to comment Share on other sites More sharing options...
darin3 Posted June 1, 2007 Share Posted June 1, 2007 One word: lawsuit. The idiot builder rep should know better. What builder is it? Are there provisions in your HOA that there are to be fences between homes? If so, they are more than negligent. Quote Link to comment Share on other sites More sharing options...
Caveman_Nick Posted June 1, 2007 Share Posted June 1, 2007 Here's the situation... The house next door to mine is a Model Home owned by a large local builder (been for sale for about a year). The yards are not fenced in or anything so there is nothing separating the lawns, etc. I have three kids (son almost 3 years old, step-daughter 9, and step-daughter 11). We also have a lot of other kids in the neighborhood that are around their ages. All of the kids play at each others' houses and run all over the place together. We tell them to stay out of the yard of the Model Home next door, but they are kids, and they oftentimes will run through that yard. Here's the issue. In the back yard of this Model Home is a very deep and open window well. Twice now we have had to scold/punish my son for running too close to this open window well. If you saw it, you'd agree that one false step and the kid would be toast. Today, the builder was there at the Model Home so I stopped over on my lunch break and very politely explained that the kids often run by that open well, and I wondered if they had any plans to eventually cover it up. Well, the guy was a dick. Maybe he was just having a bad day or something, but his attitude wasn't even close to being warranted. He was very short with me and very curtly said that no, they would not cover it up. I smiled, said ok, and started walking away. Then, just so that I could document my conversation with him I turned around, went back and asked for his name. Here's the ironic thing... just last week I called that building and left them a message to let them know that they had a broken sprinkler head that was pouring a ton of water out next to their foundation. They called back to thank me for looking out for their best interest, and they got it fixed in a few days. Guess I can't repay the compliment. So, what do you think? Am I being unreasonable to ask the builder to consider the safety of not just mine, but all of the neighborhood kids, and cover up this window well? I know it's my duty as a parent to keep an eye on my kids and to keep them from the other yard... but as any other parents know, especially with the younger kids, you just can't always get them to listen and behave. So what else can I do? I'm trying to tell the kids to stay away, but that's not working very well. I've now appraoched the builder and the guy was a jerk about it. Do I have any other recourse whether legally, politically, or socially? Or do I just forget about it, and if someone falls in, they fall in. Chances are nothing will ever happen, but on the slim chance that it does the consequences could be fairly serious. Call town hall. If it's a hazard, they should be able to do something about it. Quote Link to comment Share on other sites More sharing options...
Dutch Oven Posted June 1, 2007 Share Posted June 1, 2007 :lawyer: Well he's on notice now, so if anyone did fall in and get hurt, they could probably sue his ass off if it is as bad as you say. :lawyer: And, no you are right that guy is a dick, no doubt, but I don't know that you have any other recourse. Quote Link to comment Share on other sites More sharing options...
Doc Holliday Posted June 1, 2007 Share Posted June 1, 2007 Sounds like you were nice enough about it and that you have a legit debate.my advice would be to demolish the home next door and set him back a bunch...but I am kinda a psyco. but when it comes to children and their safety..if this freak aint gonna do nothing about it and is being half a smart azz when asked politely I would make him pay. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted June 1, 2007 Author Share Posted June 1, 2007 Sounds like you were nice enough about it and that you have a legit debate.my advice would be to demolish the home next door and set him back a bunch...but I am kinda a psyco. but when it comes to children and their safety..if this freak aint gonna do nothing about it and is being half a smart azz when asked politely I would make him pay. Nice. Well, I have been nothing but friendly so far. Maybe that hardline approach will work. Quote Link to comment Share on other sites More sharing options...
Bill Swerski Posted June 1, 2007 Share Posted June 1, 2007 I would call the builder's boss (if he has one). If there isn't a higher-up that can be reasoned with, I'd go ahead and put some chicken-wire fencing around it. Quote Link to comment Share on other sites More sharing options...
Gonkis Posted June 1, 2007 Share Posted June 1, 2007 plywood and a 2x4. Plywood for the opening and the 2x4 for the a-hole if you see him again. Actually, I would call the zoning office? building department? It must break a local policy of some sort. Let them sort it out. The builder will know it's you, so keep the 2x4 handy. Quote Link to comment Share on other sites More sharing options...
Perchoutofwater Posted June 1, 2007 Share Posted June 1, 2007 How many employees does the builder have on payroll? If he is large enough to fall under OSHA, and it is a model home that they have employees show to potential buyers, write him a nice letter stating that there is a serious fall has hazard on the site that does not meet OSHA codes, and that due to the safety concerns you have regarding not only your children, neighborhood children, and his employees, if it is not rectified within one week, you will report him to OSHA. If he doesn't have enough employees to fall under OSHA, then you might call your local building official, and see what if any recourse you have. Quote Link to comment Share on other sites More sharing options...
H8tank Posted June 1, 2007 Share Posted June 1, 2007 what is a 'window well'? Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted June 1, 2007 Author Share Posted June 1, 2007 I would call the builder's boss (if he has one). If there isn't a higher-up that can be reasoned with, I'd go ahead and put some chicken-wire fencing around it. plywood and a 2x4. Plywood for the opening and the 2x4 for the a-hole if you see him again. Actually, I would call the zoning office? building department? It must break a local policy of some sort. Let them sort it out. The builder will know it's you, so keep the 2x4 handy. I'm just VERY reluctant to actually modify their property in any way. As a last and final option, I will do something about it myself... but I'm thinking that could put me on the disadvantaged end of any possible lawsuit. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted June 1, 2007 Author Share Posted June 1, 2007 what is a 'window well'? The home's foundation is built below ground, and in the basement are finished rooms... each finished room as a safety measure has to have a window that allows a route of escape in case of fire. So in essence its a giant concrete hole in the ground in front of the basement window. Quote Link to comment Share on other sites More sharing options...
Bengal Mania Posted June 1, 2007 Share Posted June 1, 2007 (edited) Spend about $10 and the next month popping a sh.tload of popcorn, and dump it in the hole. It's cheap so you're not much out of pocket It's effective at protecting your kid if he stepped on it, and you haven't altered the property It's biodegradeable, so the Enviro faschists will love you And it makes the point to the A-hole builder, especially if he has to clean it out. We filled up a friends car (a Le Car, no less, the queer) in college this way. Boy were we a hit w/ the chicks at the next party! Edited June 1, 2007 by Bengal Mania Quote Link to comment Share on other sites More sharing options...
Bill Swerski Posted June 1, 2007 Share Posted June 1, 2007 (edited) I'm just VERY reluctant to actually modify their property in any way. As a last and final option, I will do something about it myself... but I'm thinking that could put me on the disadvantaged end of any possible lawsuit. I like Gonkis' idea of putting a sheet of plywood over it. That way, you're not altering the property at all. And if the builder has a problem with it, tell him to move it. I wouldn't worry about a lawsuit, as (1) they'd have to prove that you put it there and (2) no judge or jury in their right minds would throw the book at somebody who put a piece of plywood over an open window well in an empty house to protect neighborhood children. But you might run into a lawsuit if you go with Gonkis' 2x4 idea. BTW, this builder is unwise in leaving the window well exposed in an unoccupied house. Those things will collect water in heavy rain, which can leak into and flood the basement (happened to my parents' house). You can get plastic covers for them at Home Depot. Edited June 1, 2007 by Bill Swerski Quote Link to comment Share on other sites More sharing options...
H8tank Posted June 1, 2007 Share Posted June 1, 2007 have yuke park one of his broken down cars over the hole. Quote Link to comment Share on other sites More sharing options...
Hat Trick Posted June 1, 2007 Share Posted June 1, 2007 plywood and a 2x4. Plywood for the opening and the 2x4 for the a-hole if you see him again. Actually, I would call the zoning office? building department? It must break a local policy of some sort. Let them sort it out. The builder will know it's you, so keep the 2x4 handy. Best one yet! Quote Link to comment Share on other sites More sharing options...
Gonkis Posted June 1, 2007 Share Posted June 1, 2007 In my development, they're required to be tied into the storm sewer system directly, so they drain. My neighbors have a heavy wire grate over it and bushes all around. Quote Link to comment Share on other sites More sharing options...
MikesVikes Posted June 1, 2007 Share Posted June 1, 2007 We can try to fill er up with some beer cans in August. Quote Link to comment Share on other sites More sharing options...
Savage Beatings Posted June 1, 2007 Author Share Posted June 1, 2007 We can try to fill er up with some beer cans in August. Ah yes, nothing quite like the soft feathery cushion of hundreds of empty beers cans! Quote Link to comment Share on other sites More sharing options...
TimC Posted June 1, 2007 Share Posted June 1, 2007 I can tell you from my experience last year, the builder's first response to almost every request will be "NO". Some things I didn't get results on until I contacted the building inspector. They have to listen to those guys. Call them and see if it's up to code. They'll come out and look at it. Otherwise pour a boatload of concrete down the hole one night. F builders (well, most of them). Quote Link to comment Share on other sites More sharing options...
cre8tiff Posted June 1, 2007 Share Posted June 1, 2007 (edited) It's getting hot. Find a nice plump dead raccoon on the road. Drop it in the hole. Let it start to stink. Call the city Health Department. Watch that dude have to fish it out. Plus no kid will want to fall on the dead raccoon. Edited June 1, 2007 by cre8tiff Quote Link to comment Share on other sites More sharing options...
Big Country Posted June 1, 2007 Share Posted June 1, 2007 I suggest you trim the trees that hang over the property line. That and call your local news station, get them to run a story on how this builder hates children and families and is trying to hurt them and see how quick he remedies the situation. Quote Link to comment Share on other sites More sharing options...
twiley Posted June 1, 2007 Share Posted June 1, 2007 How many employees does the builder have on payroll? If he is large enough to fall under OSHA, and it is a model home that they have employees show to potential buyers, write him a nice letter stating that there is a serious fall has hazard on the site that does not meet OSHA codes, and that due to the safety concerns you have regarding not only your children, neighborhood children, and his employees, if it is not rectified within one week, you will report him to OSHA. If he doesn't have enough employees to fall under OSHA, then you might call your local building official, and see what if any recourse you have. Best piece of advice right here. Quote Link to comment Share on other sites More sharing options...
Azazello1313 Posted June 1, 2007 Share Posted June 1, 2007 what is a 'window well'? i guess you don't see many in the trailer park anyway, it seems like i'm the only one, but i think i have to sorta take the builder's side here. to put it crassly, if something on my property is a hazard to people who are dicking around on my property without my permission, the correct solution is you staying the f off my property, not me making sure it is safe for you. Quote Link to comment Share on other sites More sharing options...
Puddy Posted June 1, 2007 Share Posted June 1, 2007 i guess you don't see many in the trailer park anyway, it seems like i'm the only one, but i think i have to sorta take the builder's side here. to put it crassly, if something on my property is a hazard to people who are dicking around on my property without my permission, the correct solution is you staying the f off my property, not me making sure it is safe for you. Not sure I agree here. Most communities have laws regarding fencing around a pool due to the danger to other children. Seems like a similar situation. Quote Link to comment Share on other sites More sharing options...
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