County Requests a Right of Entry Waiver

This past Saturday, I found the following notice in my mailbox. Dated October 23, I was wondering how I managed to miss finding this letter for three weeks. I was also contemplating if this was even legal so I looked it up. Here is the answer:

"Mailboxes are considered federal property, protected by rules set by the United States Postal Service. Because of this, only authorized persons (mail carriers and the owner of the property of the mailbox) are legally allowed to place things into and retrieve items from the mailbox."

Mystery solved. I received a phone call a few hours later from Emily Jacobson, San Diego County Department of Public Works Civil Engineer and was informed that she had placed it in my mailbox that very morning.

She told me that she wanted to come on my property to look at my creek bed and I replied "No." That got her pretty worked up and she asked "You are denying me access to your property?" I replied yes. She went on to brusquely say that if she viewed any violations from the neighbor's property that I would be written up. First of all, I know for a fact that they are not allowed to do that. Second, I have no violations. I am just tired of their interruptions of my personal privacy followed by no action on the County's part.

I continued to explain. The County of San Diego has accessed my property at least five times in the last few years and nothing has been done. They don't write me a follow-up email or even thank me for my time. My watercourse is 6-13 feet deep and runs freely. The problem starts with the property west of me that is only 12 inches deep and the properties to the west of that. The water leaving my property has nowhere to flow to keep it heading west to the Pacific Ocean.

She then stated that she and TJ had not been out to see my property. I told her that they were the only ones, then. I asked if she had seen the photos I sent of my riverbed and she said yes.

I told her that my riverbed is not easily accessible, that she would have to climb down a ladder and navigate a steep slope, thinking to myself that I don't want to be responsible for that liability. The accessibility is much easier from the neighbor's property and my portion of river is viewable from there. I also told her that her inspection times are not convenient for me and that I have two very large German Shepherds patrolling the entire property so they cannot come if I am not home. She decided to contact the neighbor instead.

My western neighbor contacted me and let me know that there would be an inspection at 11:30AM on November 21. The County would be accessing the river from his property which is about ten feet from the creek bed. Keep your fingers crossed that the property owner above—who does have watercourse on his property—does not come out with his shotgun and yelling to get off his %@& property! This has happened a few times in the past with other neighbors and can be quite distressing. And then there are the rattlesnakes . . .

I'll keep you posted as I find out more.

Return to Main Page