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Municipal Law Questions & Answers
1 Answer | Asked in Personal Injury, Gov & Administrative Law and Municipal Law for New York on
Q: How difficult is suing the City for property damages sustained by the FDNY after they couldn’t close a fire hydrant?

FDNY broke a hydrant after putting out a fire. The streets were flooded, Catch Basins and Sewers were clogged and there was no where for water to drain but into our all our basements causing extensive damage. Comptrollers Office just rejected our claims. Three property owners filed claims with the... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... Read more »

2 Answers | Asked in Car Accidents and Municipal Law for California on
Q: Can I get in trouble for accidentally knocking down traffic cones with my car and driving over them?
James L. Arrasmith
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answered on Mar 26, 2023

Yes, you can potentially get in trouble for accidentally knocking down traffic cones with your car and driving over them. The specific consequences will depend on the circumstances of the incident, including whether anyone was injured or property was damaged, and the laws of the jurisdiction where... Read more »

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3 Answers | Asked in Civil Rights and Municipal Law for California on
Q: Can I sleep in my car with a car cover over it in California if im homeless ??
Louis George Fazzi
Louis George Fazzi
answered on Mar 21, 2023

As long as you are parked in an area where there are no restrictions against parking, you should be safe. However, law enforcement may need access to your car's license plate from time to time, if you are parked on a public street.

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3 Answers | Asked in Civil Rights and Municipal Law for California on
Q: Can I sleep in my car with a car cover over it in California if im homeless ??
James L. Arrasmith
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answered on Mar 21, 2023

In California, it is generally legal to sleep in your car on public property, such as on a city street, as long as you are not violating any other laws, such as parking regulations or prohibitions on overnight camping. However, sleeping in a car on private property, such as in a parking lot, would... Read more »

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1 Answer | Asked in Municipal Law for Nebraska on
Q: Is it illegal to park a car facing the opposite direction on a residential street in Lincoln NE

I could not find anything saying that it's illegal or against the law

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

The driver's license manual in Nebraska includes this requirement. You would have to look at the regulations and statutes to see if the requirement is from the regulations or statutes if you couldn't find it in your city's local ordinances.... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for Florida on
Q: What can be done if code enforcement officer will not enforce an invasive and costly violation?

Months ago, code enforcement officer gave violation notice to homeowner who was decreasing value of our neighborhood by violating an ordinance. Homeowner continued to violate ordinance; code enforcement was called again. This time the code enforcement officer sided with the violator for no good... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2023

First discuss with the head of code enforcement, and if no result, discuss with the local government head administrator (could be mayor or could be city/county manager) and/or the elected official representing your area on the local commission/council.

A potential legal action route might...
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1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: Can the City building department permanently close the church parking lot if cannot comply with ADA parking lot?

They permanently close down our parking lot if we don’t comply with accessibility and striping requirements and failure to comply will result in code enforcement actions.

We pursue the concrete project as a patio because it would be easier to get a permit. The SSF Planner requested the... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

If the church parking lot does not comply with ADA accessibility requirements and striping requirements, the city building department may take code enforcement actions against the property, including the possibility of closing the parking lot permanently.

The Americans with Disabilities Act...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Municipal Law for Nevada on
Q: Does power connected illegally let officers enter your home without a warrant under the exigent circumstances?

I need to determine if I have a viable claim and what my options are for seeking redress. I believe I am entitled to compensatory damages as well as punitive damages for the violation of my 4th, 8th and 14th amendment rights. County officials failed to follow established procedures and violated my... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Generally, police officers are not allowed to enter a home without a warrant, unless they have probable cause or exigent circumstances. Exigent circumstances are situations where there is an immediate threat to public safety or where evidence may be destroyed if officers do not act quickly. Whether... Read more »

1 Answer | Asked in Election Law and Municipal Law for Arkansas on
Q: Can a lawyer do something about the nepotism going on at Washington county sheriffs office? Hello

We have proof.

James L. Arrasmith
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answered on Mar 5, 2023

If you have proof of nepotism occurring at the Washington County Sheriff's Office, you may want to consider contacting a lawyer who specializes in employment law or civil rights law.

A lawyer can advise you on the appropriate legal options available to you, which may include filing a...
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1 Answer | Asked in Municipal Law for California on
Q: I am trying to find an attorney to assist us in resolving a dispute with a Calaveras County water provider.

The property in question has a home on it that has been condemmed and is not livable. We have tried to get the water turned off and the account terminated but the water co. refuses to do this and continues to charge us even though there s zero usage. They have placed a lien on the property.

James L. Arrasmith
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answered on Mar 3, 2023

To find an attorney to assist with your dispute with the Calaveras County water provider, you may want to consider the following steps:

Referrals: Ask friends, family, or colleagues if they know of any attorneys who have experience with property disputes or with dealing with water providers...
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1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Municipal Law for Pennsylvania on
Q: I believe my neighbor may be digging and doing construction work without the proper permits. What options do I have?
James L. Arrasmith
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answered on Mar 2, 2023

If you suspect that your neighbor is doing construction work without the proper permits, there are a few options you can consider:

Contact your local building department: You can contact your local building department to report any suspicious construction activity. They can investigate...
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1 Answer | Asked in Constitutional Law, Federal Crimes, Land Use & Zoning and Municipal Law for Ohio on
Q: While driving on a public road, THROUGH a school zone, is is illegal to have a loaded firearm on your person in Ohio?

With the passing of Ohio's Constitutional Carry law, as of July 13, 2022 Ohio citizens without a CCW permit can legally carry a loaded firearm on their person while in their vehicle, but not in a school zone. If you live near or drive through a school zone on a public road (where you must slow... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

Ohio law prohibits carrying a firearm in a school safety zone, which includes the area within 1,000 feet of the school grounds. This applies to both open and concealed carry, regardless of whether you have a CCW permit or not.

Therefore, if you are driving through a school safety zone, you...
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1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Arizona on
Q: How can the act of harvesting an animal to feed oneself require a license? I am basically required to have money to eat.

This has been bothering me more lately than usual as I am now homeless and have to feed myself and my dog with no money. I just cannot see how it is a legitimate per view of government to, in essence, require an individual to have the monetary capacity to feed themselves which is a basic human... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

The requirement for a license to hunt or fish is based on the principle of conservation and management of wildlife resources. Hunting and fishing licenses help fund wildlife management and conservation efforts, such as habitat restoration, research, and education. Without these funds, it would be... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for Kansas on
Q: Im on community corrections in ford county ks The urine testing procedure can not be legal!! They have an empty
James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry, your question seems to be incomplete. Could you please provide more context and clarify your question?

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: What are the regulations for traps used for commercial rock crab north of point lopez north of California
James L. Arrasmith
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answered on Mar 2, 2023

Commercial rock crab trapping regulations in California vary depending on the location and the type of gear being used.

North of Point Lopez, the California Department of Fish and Wildlife (CDFW) regulates commercial rock crab trapping under the authority of the California Code of...
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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Why would a town restrict occupancy of my home from year round to 6 months if I sell the property? Is there a loophole?

I would like to buy the home but I fear upon purchase, the house would go into a 6 month occupancy (required by the town). I would prefer to keep the house year round. Is there a workaround? Has new legislation opened things up?

Christopher Tolley
Christopher Tolley
answered on Feb 27, 2023

I cannot give you a definitive response without reviewing the by-law or other document which imposes the restriction. I suggest you get a copy of the town by-law or other document which imposes the 6 month occupancy rule and review it with an attorney of your choice.

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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Municipal Law for Massachusetts on
Q: Why would a town restrict occupancy of my home from year round to 6 months if I sell the property? Is there a loophole?

I would like to buy the home but I fear upon purchase, the house would go into a 6 month occupancy (required by the town). I would prefer to keep the house year round. Is there a workaround? Has new legislation opened things up?

James L. Arrasmith
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answered on Mar 4, 2023

The reasons for a town to restrict the occupancy of a home from year-round to 6 months may vary depending on the specific regulations and zoning laws in that area. However, it is often done to preserve the character of the community, maintain the quality of life for residents, and prevent... Read more »

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1 Answer | Asked in Energy, Oil and Gas and Municipal Law for New York on
Q: We have an electric poll on the property that has caused several problems one, was almost burned our house down.

I have called the electric co. no response It is grandfather in. I have called the public comm.,town of Owego. I get no replies. To have it removed I was told back then in2000 it would cost me 20,000 dollars to move the poll. Can u help me? Thank you. From

Apalachin NY.

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2023

From your post, it looks like you've already reached out to the electric utility and the Public Service Commission. Given the fire hazard you describe, you could also try reaching out to local fire & safety departments and elected officials for guidance. Good luck

1 Answer | Asked in Municipal Law for Nevada on
Q: In Clark County NV, can the county force me out of my home to live on the streets declaring my house an imminent danger

Just because I was unable to pay the power bill?

Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

They can not force you to live on the streets but they are able to remove you from the house/ declare the home unsafe.

There are several agencies/programs that can help with power bills and other utilities.

some include:

https://www.helpsonv.org...
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1 Answer | Asked in Environmental, Gov & Administrative Law and Municipal Law for Maryland on
Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law

against this activity thaat may serve to stop such a poor idea

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county... Read more »

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