Q: I live in Tiburon,CA. I have a Driveway and Swimming Pool easement with my neighbor. I own the Swimming Pool.
The driveway has no curb,has failed with sizeable cracks & potholes on the concrete surface.There is a 6 panel glass partition on their property that provides fencing for the Pool.One partition panel is without glass,leaving the pool unfenced.The property is rented to vacation renters.I have sent letters/emails to owner about the hazardous conditions for over a year with no response.The City of Tiburon has a Property Maintenance Ordinance NO.559 N.S. addressing the above issues as hazardous. I met with the City Attorney&City Planning manager,gave them photos & detailed Ordinance Section descriptions pertaining to Ordinance NO.559 N.S.I received a letter from the Town Manager stating the conditions were not dangerous & not imminently hazardous to public health or safety & warrant no enforcement under the Town’s Ordinance NO.559N.S.He stated,“The conditions found on this site are not atypical of older construction on properties throughout Tiburon". Request a site visit? Suggestions?
A: 1. Believe them, live with the conditions, have a nice summer. 2. If suggestion number 1 is not acceptable, have a consultation with a real estate attorney regarding possible options; and be prepared to spend some money for repairs.
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A: The town's comments are not a complete defense to any negligence or property liability. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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