For the past many months, we (the neighborhood) have been engaged in a zoning battle with a neighbor. That neighbor has been running a donkey rescue, including taking donations, even though they do not have a business license. They are not sanctioned by the NM Livestock Board. They are not a registered charity with the Attorney General's office.
The 1st zoning hearing was on Mar 14, 2013. AT that time, the commissioner deferred making any decision to May 14, 2013 on the case (ZA-20130025) to allow them time to clean up the property and to "adequately address the concerns raised by the Zoning Administrator and the residents of adjacent properties."
The 2nd hearing on May 14 had more of the neighbors present and objecting to their request to run a donkey rescue on less than 3 acres of land in a mostly residential area. The Zoning Administrator's decision after the 2nd hearing was to DENY their request for a conditional use variance.
The rescue had until 12:00 p.m. today to file for an appeal, which they did. Now, according to Zoning, this goes somewhere else and if they are again denied, they can appeal again & again & again. When does this stop?
When do my rights as a landowner & taxpayer actually be taken into consideration?
Myself and others in the neighborhood are fed up with being awakened at all hours of the day & night by braying. We are sick & tired of the stench of the urine emanating from the property. We are sick & tired of these people abusing the system. When is enough enough?
Why hasn't BernCo Environmental Health issued them citations re: noise & land pollution? Why hasn't BernCo Animal Services issued them citation re: disturbing the peace? Why are they being allowed to run a business without proper authorization & all required documentation? Why are they being allowed to operate even after they were denied by zoning?
When I asked the Attorney General's office Charity Division, Elizabeth Korsmo, "So, is it OK for them to solicit and accept donations from the public, even though they are not a sanctioned equine rescue facility as required by the state?", she told me, "It is not prohibited by the Charitable Solicitations Act which is the law we are authorized to enforce."
Gee, does that mean I can put out there that I'm a charity and get people to donate to me and not face prosecution for fraud?
Oh, the reply to my first email to the AG asking if their accepting donations and running a non-sanctioned equine rescue, in violation of existing NM law, was allowed, I received the following from Heather Winkle, "Ms. Summerhill - Edgewood Longears Safehouse (46-0907101) has begun a registration as a charitable organization with our office. Please continue working with or contacting NMLB regarding registration with that agency."
These donkeys are 50' from my bedroom window. Some of us work real jobs, unlike those running the rescue. I'm still trying to figure out how they can afford to feed their 5 personal "pets", when neither of them are employed outside of that rescue. Hmmm... funny thing that...
Anyway, when is enough enough? What steps would you recommend the neighborhood take next? I'm absolutely disgusted by this entire mess - the donkeys as well as the government's lack of action.
Any answers????
1 comment:
"Gee, does that mean I can put out there that I'm a charity and get people to donate to me and not face prosecution for fraud?"
Yes it does. Groups and individuals solicit for donations all the time, without becoming an official charity. They request donations to help families who have had their homes burn down, who are suffering from cancer, dealing with the costs of surgery, and to help people who have lost their jobs.
It is not illegal to ask for donations.
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