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California Municipal Law Questions & Answers
2 Answers | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for California on
Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?

I live in Fairfax, CA. I have a neighbor who doesn't like that I do this, even though we can hardly see each other's houses through the trees. I'd be willing to put up a railing if that's an issue.

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Aug 16, 2017

To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with... Read more »

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1 Answer | Asked in Civil Rights, Landlord - Tenant and Municipal Law for California on
Q: Can I have a vehicle towed from rental property that I manage legally?

My tenant agreed to allow a person to park a small bus under the carport of the single family home she rents from me. The agreement was for $20.00 a month and things went smoothly for the last 6 months until my tenant noticed the van was being plugged into her elec. and her water was being used.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2017

You should retain the services of a lawyer experienced in landlord-tenant rights. Since the tenant made the deal with the owner of the bus to store the vehicle on property she rents, it is her responsibility to deal with her subtenant. However, if the tenant grants you authority to deal with the... Read more »

3 Answers | Asked in Civil Rights, DUI / DWI and Municipal Law for California on
Q: What is my best option for contesting a Civil Citation for possessing alcohol on the beach?

I recently received a civil citation for possession of alcohol on the beach in Huntington Beach CA. The fine associated with the ticket is $125. I was considering contesting due to financial hardship as I'm a recent graduate and still have $75k plus in student loan debt that I am actively... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 25, 2017

If you can offer proof that the date of the ticket is the wrong day, i.e. some evidence of where you were at the same time on the day the ticket was dated, then you might have a good shot at getting a not guilty for the ticket. You'll have to contest it by appearing and pleading not guilty.... Read more »

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1 Answer | Asked in Entertainment / Sports, Land Use & Zoning and Municipal Law for California on
Q: 1. I'm a musician. Do I need a (police) 'permit' to sell tickets and play live gigs in my California apartment?

I'm a musician. I play live solo acoustic guitar some evenings in my apartment for friends and friends of friends etc. All my sets are cover songs from various artists. I receive many requests that differ on each evening of course. Each guest usually contributes between $10 - $20. Some... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 16, 2017

You may be violating your lease, zoning, and/or licensing laws relating to music venues. You may need contracts with the additional musicians. 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... Read more »

1 Answer | Asked in Municipal Law and Traffic Tickets for California on
Q: Help with interpreting parking signs in Los Angeles municipality, California

Recently, at 11pm, I had to find a parking spot in a packed neighborhood in LA. I found a parking spot in the area I outlined on the picture: http://i.imgur.com/RIDc0yE.jpg However, there was a sign saying that parking from 10pm to 6am was prohibited http://i.imgur.com/RjUz0Un.jpg Since there were... Read more »

David Dastrup
David Dastrup answered on Apr 26, 2017

No attorney that I am aware of handles parking tickets from a defense perspective. While I have done it for a city--rare experience--most parking tickets are not worth the effort to fight considering the cost of legal services compared to paying the ticket or the reward of winning.

But if...
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2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Municipal Law for California on
Q: If I am a Canadian citizen with a Canadian Driver's License in California under a temporary TN Visa, do I need a Cal DL?

Do I need a California Driver's License? I intend to go back to my permanent address in Canada. I did some research and found this website, but I wanted to confirm: http://www.getty.edu/osip/pdfs/driving_terms.pdf

Peter N. Munsing
Peter N. Munsing answered on Apr 14, 2017

Depends how temporary. In most states you can get by with an international drivers license but its 10 days after you become a california resident. You can always ask the Canadian consulate out there or the embassy in DC

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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: What action can residents take when SBMC Title 28 public notice requirements are violated by officials to obtain grant $

Santa Barbara Municipal Code Title 28 requires public notice mailed from the city of Santa Barbara to all homeowners within 300 ft. of a proposed project. The issue of why no notice was given was addressed to City Council prior to approval of the proposal (closing out main street to thru vehicle... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

Do you have evidence that the notice was not actually posted? If so, you may file a complaint about the city council's actions with the city. That is the first step in addressing a grievance: an administrative complaint. Thereafter, if your grievance is not satisfactorily resolved, you may... Read more »

1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: If we have an existing, paid for sewer hook-up, can the city charge us for sewer main upgrade?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 9, 2017

What's the purpose of the upgrade? You're connected to the city's sewer lines? 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,... Read more »

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: I live in unincorporated area of riverside county,what authority has a code enforcer on my property

they want my property look clean and beautiful theirs nothing dangerous I have 1/3 ancre supervisor wants to overlap us with city of perris we live in Mead Valley California look were it says I live ???

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 7, 2017

The county laws should apply to your property. 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... Read more »

1 Answer | Asked in Real Estate Law, Business Law, Construction Law and Municipal Law for California on
Q: Damages on commercial property. Severe damage to my building from my neighbor's trees and landscaping.

The commercial property owner neighboring my commercial property raised the ground elevation behind my building to provide landscaping. A tree and shrubs were planted there and the root systems egressed into the lower wall of our building compromising the building stucco and pushed the wall stud... Read more »

Ben F Meek III
Ben F Meek III answered on Feb 7, 2017

It sounds like your neighbor would be responsible. There are plenty of unanswered questions, and this may actually be more of a tort law issue than a real estate one.

Have you consulted an engineer and/or architect regarding the cause of the structural damage? If it was either the earth...
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1 Answer | Asked in Civil Rights, Traffic Tickets, Municipal Law and Constitutional Law for California on
Q: How can I establish my right to liberty(travel) to satisfy any police officer so I can avoid arrest? Is it byestoppel

I SHOULD HAVE SAID,"ATTEMPT TO SATISFY ANY POLICE OFFICER"

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 5, 2017

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. I practice law in... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for California on
Q: Options: Public Defender refuses to help when informed you want to fight for your 'right to travel.'
Paul Stanko
Paul Stanko answered on Oct 5, 2016

Without knowing more, I would point out that your PD is responsible for defending you in your particular case, not necessarily assisting you in making legal arguments or points that are unrelated to defending you. You always have the option of finding and paying for a private attorney.

1 Answer | Asked in Municipal Law and Election Law for California on
Q: I have a question about the The Election Code of the City of Los Angeles.

Election Code states:

Circulation of Recall petitions can begin 28 days after service of the Notice of Intention on the Officer to be recalled if the petition has been approved by the City Clerk.

It does not say MUST begin contingent on approval. It says it CAN begin.

•... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 23, 2016

Not clear what the question is but the League of Women Voters in your city is a great place to start.

1 Answer | Asked in Election Law and Municipal Law for California on
Q: Can a US city police department actively show support for candidates in a mayor election campaign?
Peter N. Munsing
Peter N. Munsing answered on Jun 24, 2016

Generally civil service rules prohibit that. A lot depends on what you mean by "show support." Discuss your concerns with the League of Women Voters for your state.

1 Answer | Asked in Municipal Law, Real Estate Law and Tax Law for California on
Q: live in san bernardino, since 2013 the city has been charging me a 100.00 a day not having trash services lean 80.000

they said their a law not having trash services, i couldn't find it, city org, stops me from getting loan, losing my house because of property taxes are so high, paying a huge amount plus on a 5 year plan buying one year i couldn't pay, the taxes are to high, and the city after 20 years... Read more »

Richard Samuel Price
Richard Samuel Price answered on Apr 14, 2016

Your best bet would probably be to argue with code enforcement for a reduction in the liens. You're not going to get out of paying taxes.

1 Answer | Asked in Municipal Law for California on
Q: How do I find out what County Court serves the Compton Unified School District?
Robert James Reynolds
Robert James Reynolds answered on Apr 5, 2011

The Compton court handles Unlimited and Limited Civil. The address of the Compton court is 200 West Compton Blvd., Compton, CA 90220. The phone number is (310) 603-7842.

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