Q: It is unconstitutional for my local city to charge me $100/day for violating a city ordinance regarding recreational veh
I keep a boat on the side of my yard behind a fence. The city is imposing a $100/day fine for violating the city ordinance of no recreational vehicles after hours and on weekends. It's on my private property. I am not part of an HOA or gated community. I have no plans to remove the boat. Is a yearly fine of 36,500 considered excessive (under the 8th amendment) for this type of offense? It is a fine levied as a lien against my home.
A: No way to say for sure without being able to review the ordinance and the paperwork you have received.
You need to hire an attorney to assist you as the fine is likely supported by the authority of the city as a governmental body.
A: Very unlikely as $100/day fines by cities have been around for a long time. Someone very likely had the thought before and failed on the argument.
Jennifer Isaksen agrees with this answer
A: I would recommend that you remove your boat in order to minimize your damages and consult with a local real estate attorney to determine your best course of action going forward. It does not seem you will prevail based upon the facts presented. Best of Luck! Jennifer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.