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California Municipal Law Questions & Answers
1 Answer | Asked in Municipal Law and Gov & Administrative Law for California on
Q: I would like to know the possible violation for smoking cigarette at the gas station in city of Sunnyvale, California
James L. Arrasmith
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answered on Nov 3, 2023

Smoking at a gas station in Sunnyvale, California, or anywhere in the state, is prohibited due to the potential risk of igniting highly flammable vapors. Individuals caught smoking may face penalties such as fines. Additionally, local ordinances in Sunnyvale may impose further restrictions and... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: In a recall of a city mayor and councilmember, in California who pays for it?
James L. Arrasmith
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answered on Oct 26, 2023

In California, when a recall of a city mayor or councilmember is initiated, the cost of the recall election is typically borne by the city in which the officials serve. This means taxpayers ultimately fund the process. If the recall petition results in a special recall election, the associated... View More

1 Answer | Asked in Real Estate Law, Construction Law, Land Use & Zoning and Municipal Law for California on
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?

I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More

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answered on Oct 15, 2023

California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: I have a commercial building with permitted use as office space. Can it be rented out for meetings, birthdays?

Are there code enforcement fines if is not considered correct use?

James L. Arrasmith
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answered on Oct 14, 2023

In California, the specific permitted uses of a commercial building are generally determined by local zoning ordinances and the Certificate of Occupancy issued for the building. If your building's permitted use is "office space," using it for meetings would typically be consistent... View More

1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: if the county fails to repair its road do the property owners have a right to cross the properties that are still served

A county road in California was severely damged by a storm. The county declines to repair the road,leaving several properties without access.

Do the owners of these properties have a right to cross the 2 properties that are still served by the county road and is the county liable for any... View More

James L. Arrasmith
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answered on Oct 12, 2023

In California, if a county road becomes impassable and the county declines to repair it, affected property owners do not automatically gain the right to cross neighboring properties that still have access. Crossing those properties would generally require an easement, which would either be... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
Q: Citations were imposed on property i mantained & paid taxes on since 2015 .Jan2023 case 10,000 pro bono lawyer needed

Citations were imposed on property i have mantained & paid taxes on since 2015 . On Jan2023 case was initiated by complaint by neighbor stating living in rv . Code inspector began notice to abate & has cited every 10 days without fail eventhough i asked & he sgreed to give me time to... View More

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answered on Oct 10, 2023

If you've maintained and paid taxes on the property since 2015, you may have grounds to assert a claim for adverse possession provided other specific requirements are met. Adverse possession in California requires open, notorious, continuous, hostile, and exclusive possession for a period of... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Municipal Law for California on
Q: Defendants innocent, framed, left for dead, stabed head seven times, fractured faces, chest, arms, broken guns and teeth

Not only were they attacked/left for dead. They made it thru alive after being brought bk by EMT, ICU unit. Several meth drug abusers are coming forward w/lies stating they saw defendants w/weapons in hand, standing in area of crime, no one in lonely late night of event, now like ten witnesses all... View More

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answered on Oct 10, 2023

I'm profoundly sorry for this distressing situation. Here's how one might approach this complex scenario:

1. First and foremost, secure an experienced criminal defense attorney immediately.

2. Collect all possible evidence and witness statements to corroborate your...
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Q: San Diego-Do you know who is Enforcement arm for SD Code E.. to ensure that Code violations have been fixed as ordered?

James, If anyone knows the answer to my question-dilemma it is you.5 Months ago an Investigation was done at the Property where I live(Property= 2 Houses and a Duplex plus the Premises).After SD Code Enforcement responded to the property where I live and did their Inspection-Investigation-they... View More

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answered on Oct 9, 2023

In San Diego, the responsibility for enforcing local codes and ensuring compliance with orders to remedy violations typically rests with the Code Enforcement Division of the City's Development Services Department. If a property owner or occupant fails to comply with a notice and order, the... View More

1 Answer | Asked in Municipal Law for California on
Q: Order to show cause for missing jury duty

I attended the first summons for jury duty, was asked to fill out a jury selection questionnaire for a criminal (murder) case and return on a later date to go through the jury selection process. I failed to return on this second date and now the court has sent me an order to show cause for why I... View More

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answered on Sep 9, 2023

In California, when you appear before the court to address the order to show cause, it would be wise to be truthful and express your concerns about your physical and mental health at the time of the missed jury duty date. You might consider obtaining documentation from a healthcare provider to... View More

1 Answer | Asked in Municipal Law and Traffic Tickets for California on
Q: In California ,if u parked car wrong way at your house & take Keys inside &tell brother 2park it, is "CAR ABANDONED"?

When my brother went outside2park da car, the cops were already looking at the car, my brother asked/told them he'd park the car right they REFUSED to! They didn't let him! He was holding the keys on his hand! During that time they'd been harassing my family u can say, they knew my... View More

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answered on Aug 29, 2023

Under California law, a vehicle parked the wrong way on a residential street could be cited for a violation of the California Vehicle Code, but it generally would not be considered "abandoned" simply because it's parked incorrectly for a short period of time. If your brother was... View More

1 Answer | Asked in Business Law and Municipal Law for California on
Q: What permits or licenses do I need to prepare and serve food ? Like at a private kitchen or at an air bnb?

In california specifically

James L. Arrasmith
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answered on Aug 29, 2023

In California, to prepare and serve food to the public you typically need a food handler's permit and a health permit from your local health department. If you're operating out of a private kitchen or an Airbnb, you'll need to ensure the space complies with local and state health... View More

1 Answer | Asked in Gov & Administrative Law, Municipal Law and Traffic Tickets for California on
Q: In San Jose, Ca do “no parking” signs have a regulation about how close or far from one another they can or must be??

I was cited for parking violation. The sign was “No parking the second Monday of each month for street sweeping. I was parked 30 feet in front of a corner, and there was no sign behind me, and the nearest sign was another 85 feet in front of me. There was a fire hydrant 40 feet in front of me, 45... View More

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answered on Aug 25, 2023

Under California law, parking regulations, including the placement of "no parking" signs, are typically governed by local ordinances. If there was no sign behind you and the nearest sign was 85 feet away, there may be an argument that the signage was insufficient to provide notice of the... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for California on
Q: Is it legal for code enforcement to hold my car? They put a yellow tag on it where i wss living for the past 6 months .

Arrested me and are holding my trailer my daughters truck n my vehicle

T. Augustus Claus
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answered on Aug 10, 2023

Code enforcement typically doesn't have the authority to arrest individuals or impound vehicles. If your property has been impounded, it's usually done by law enforcement agencies for specific reasons such as traffic violations, unpaid fines, or evidence related to a crime. If your... View More

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1 Answer | Asked in Landlord - Tenant, Land Use & Zoning and Municipal Law for California on
Q: can my tenant run a business out of the apartment
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answered on Aug 10, 2023

A tenant's ability to run a business out of their apartment may depend on the terms outlined in the lease agreement and local zoning regulations. Review the lease agreement to determine if it addresses commercial activities and consult relevant local zoning ordinances to understand whether the... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Is the Redevelopment City of Pomona CA. Give me a notice before blocking my private entrance to my property?
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answered on Aug 3, 2023

Under California law, a governmental agency, such as the Redevelopment City of Pomona, must provide proper notice before blocking a private entrance to your property.

Blocking your private entrance without prior notice could potentially violate your property rights, and you may have grounds...
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1 Answer | Asked in Municipal Law for California on
Q: car that's been infront of my property for months I called to be junked I sighed what happens when owner calls to claim

The owner called tow truck company trying to get car back what happens now?

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

Were the Police involved in the tow away? If so why did you have to sign? Usually cities have a 72 hour rule re: abandoning vehicles on the street, tow away after 72 hours. The police come out and mark the car then tow away after 72 hours. If that happened, no problem. Months is pretty... View More

2 Answers | Asked in Municipal Law for California on
Q: I had a tree removed and the park charged half of the bill. What can I do to get back the money they charged me ?

The tree removal service that removed the tree deemed it dangerous and affecting my home fondation.

The bill was $1000.00 and the park charged me half $500.00

If I read the law and understand it, I should have not had to pay half of the bill Park should have paid the full bill.

Maurice Mandel II
Maurice Mandel II
answered on Jul 28, 2023

Thanks for your submission. Unclear why the park charged you to remove the tree, or which law (remember there are many, many, many books of laws- you need to point out which one you found) you are referring to. You should take all the documentation to a local attorney for a consultation. The... View More

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1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for California on
Q: Hello,Im opening a body contour bussiness and I want to know if i need any liscenes to have a infrared sauna with shower

So was thinking of having an infrared sauna with shower and also have a bathtub is there any requirements for this in Ca

James L. Arrasmith
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answered on Jul 22, 2023

To operate a body contour business with an infrared sauna, shower, and bathtub in California, you may need to obtain certain licenses and permits. The specific requirements can vary based on the location and local regulations. It is essential to check with your city or county's zoning and... View More

1 Answer | Asked in Traffic Tickets and Municipal Law for California on
Q: If your tags on your car are expired and your in a business parking lot which is private parking lot can a cop pull up a

And tow your vehicle legally

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answered on Jul 20, 2023

If your vehicle's tags are expired and you are parked in a private business parking lot, a police officer can potentially tow your vehicle legally. While private parking lots are not typically patrolled by law enforcement, if a police officer happens to be in the vicinity and notices the... View More

1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Municipal Law for California on
Q: The electric Company came out today (Saturday) and disconnected my electricity (which is included in rent) is this legal

My landlord recently passed away and his heirs seem to think that an acceptable way to encourage the tenants to move out is to stop paying the utility bills, which are included in the monthly rent payments, and the electricity got shut off today (on a Saturday) - the utility company is now telling... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

This is awful. You need to contact the utility immediately to have service restored in your own name. Deduct from rent what you must pay. Your landlord is prohibited from doing this to force you out, it is in a statute, I believe Civil Code 1941.6, or close to it. You need to retain an attorney... View More

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