Monterey, CA asked in Real Estate Law for California

Q: I was fined $2,500 for a fireworks violation at my rental property. I was out of the State at the time. Illegal Code?

Seaside CA, Police issued me the fine on 26 Jul 18 for the violation on 4 Jul 18. On 4 Jul 18, I was in a different State. According to the code, link below, homeowners can be held responsible for violations on their property. I am experiencing a great deal of stress over this, losing sleep, headaches, nausea and the like. My job requires I keep a clean record, no crimes of any type allowed. I have been labeled a criminal and I seem to have no recourse. Can I sue the city for knowingly creating unlawful codes? What should I do?

http://www.codepublishing.com/CA/Seaside/html/Seaside08/Seaside0832.html#8.32.190

Related Topics:
1 Lawyer Answer

A: The statute seems to hold the owner of the house responsible for any fireworks that are set off somewhere on your property. If one of your friends or family set off fireworks illegally while you were away, then it appears that the statue was violated by whoever set off the fireworks. You have not been labeled a criminal; you have simply been charged with the violation of a city (or state) code. I don't think it will appear on your record, or employment history, and I assume you only have to pay a fine. You can try to fight the City, but I don't think that you can get out of it, as the wording of the Code seems clear.

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.