RE: [pvusers] shadow

["Mark Vargas" <sharkshockey@mac.com>]

I have been fighting with my neighbors and the city for over 6 months
now.  I researched California Shade Control Act and other city laws and
then went to an attorney to find out the best way to go about this.  We
started by writing a letter in September to the city attorney and city
manager and have not had any response from the city.  I walked into the
City Manager's office last Thursday with the original letter, and had
not heard back, so today, I walked back into the office and the city
manager was out, so I dropped off the papers to the city Attorney's
office (and she was also out of the office).  According to the State law
I should be protected from most of the shadowing, but the city law
(which is more restrictive) doesn't state whether it applies to adjacent
cities, only to adjacent properties.  I live in another city from my
neighbor which complicates the matter further.  I have over 10,400 watts
STC of pv power and I will have to fight the city/neighbors in court if
the city does not cooperate.  By the way, the panels which are affected
by the shadowing were installed on September 5th by me, and the PV
company installed the back-up system, and everything went online October
18th, 2001.  I couldn't find a precendent for the Solar Shade Control
Act, but if anyone has any advice, please let me know.

--Mark

-----Original Message-----
From: Zot Lynn Szurgot [mailto:zot@fdt.net] 
Sent: Thursday, January 17, 2002 10:23 AM
To: pvusers
Subject: [pvusers] shadow

Sherry, you've already gotten the basic advice.  Mongo and Jeffery are
right about the number of modules affected and how to watch for the
loss.  Gig is right in pointing out that it can be difficult to move
your array; you may not even have that option.  Calibrating the loss
would require measuring the light level in Watts/m2 and comparing that
to amperages,  recorded separately for each series string source
circuit.  IF you need that, there are simple instruments for less than
$200 (and your local solar dealer/installer is likely to have one and
could do it for less).  A pyranometer could quantify it more
precisely.  Now that you know that your neighbors' act is costing you,
what do you plan to do?  On the one hand, you probably want to keep
relations friendly, since among other reasons you may have to live
with these folks for years to come; on the other hand, PV power is
expensive and you set it up with certain expectations.

      i'm interested in your rights as regards those expectations, and
how your struggle can help others.  i am quite sure that your
neighbors' unexpected installation is in a different category than
predictable tree growth.  If you are able to come to an amicable
agreement with your neighbor, that story and its details would be
helpful to others who face similar situations (and there will only be
more and more).  If you have to use third parties (property owners
association, mediators, lawyers, municipal planning/zoning boards),
the resolution may set a helpful precedent, and that could be a very
powerful help.  Imagine if there were already a legal decision you
could point to that required your neighbors to seek your input and
seek alternatives.  FL, for instance, has a law (Section 163.04)
preventing anyone from interfering with the initial installation of
solar equipment on a home, and legislative intent is a consideration
in related cases.  Please let us know here what you do, and what
responses you get, and how the situation resolves.


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