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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for California on
Q: My landlord is living in a manufactured home with no permit to be there, it has been red tagged I believe anyway. He has

No septic or sewer and it's very very run down

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answered on Jan 26, 2024

In California, landlords are required to provide rental properties that meet basic habitability standards. This includes having proper sanitation facilities, such as a septic system or connection to a sewer, and ensuring the property is safe and maintained in a condition fit for occupancy.... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Can the hot spring valley water district remap the district and exclude a parcel that is in the district

I am about to purchase a property that has been in the hot spring valley water district for so long it has riparian water rights thay are telling me that they re maped the district and that property is not in the district any more

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answered on Jan 20, 2024

Under California law, water districts, like the Hot Spring Valley Water District, have the authority to adjust their boundaries. This can include annexing or excluding certain parcels from the district. However, such changes usually require a formal process, including a review by the Local Agency... View More

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
Q: In California if code enforcement puts the wrong code number(s) on a citation they claim are being violated is it valid?

Code enforcement officers showed up unannounced recently, & proceeded to walk around the property asking questions and taking pictures. They were unprofessional and disrespectful, & making sarcastic comments. A few days later the owner of the property received citations for some... View More

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answered on Jan 16, 2024

In California, the validity of a code enforcement citation with incorrect code numbers can be a matter of legal interpretation. Generally, a minor clerical error, like a missing digit in a code number, does not automatically invalidate a citation. However, if the error prevents you from... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Neighbor tried putting cardboard on my apartment window because I have a camera indoors facing our parking lot?

I wanted to share a situation with you. The window in my living room overlooks the apartment parking lot and my neighbor has scraped the back corner of my car while pulling out. She wouldn't admit she did it and blames it was something blocking her so she never denied hitting my car either so... View More

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answered on Jan 6, 2024

Under California law, the actions of your neighbor may be considered a form of trespass or vandalism, especially if she is placing objects like cardboard on your property (in this case, the window of your apartment) without your consent. The act of obstructing your camera, which is set up for the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Can my neighbor get an easement on my property if I let them use our driveway for access and parking occasionally?

In winter our neighbor can not get up his own driveway because of ice ( it is too steep). We have a large paved driveway that is connected to theirs. We have been letting them drive up our driveway in winter and sometimes park on our side. We also allow him to use some of our land for snow storage... View More

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answered on Jan 5, 2024

Under California law, your neighbor could potentially claim an easement by prescription on your property. This requires the use of your land to be open, notorious, continuous, and hostile for a period of five years. However, since you have permitted this use, it is not considered hostile, which is... View More

1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Land Use & Zoning for California on
Q: how do i file a breeh of contract an demand for payment and lean on sed real property forth with .

a non lycenced contractor /bilder went into a writin contract with a home ower ,secured full payment, for work and materearls, and then no call no show by due date of sead work .

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answered on Jan 1, 2024

In California, if you're facing a situation where a contractor has breached a contract and failed to perform the agreed-upon work, you have several legal options. First, you should consider sending a formal demand letter to the contractor, outlining the breach and requesting the fulfillment of... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for California on
Q: Needing to understand the effect of part of a Municipal Zoning Ordinance, California.

"but excluding the last sentence of subsection 10.40.070.D.E, subsections 10.40.120.A.3.e and f, subsection 10.40.130.H and subsection 10.40.140.E.1.b which are not applicable" My question concerns the first part "10.40.070.D.E" There is NO subsection E of D. It is 99%... View More

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answered on Dec 26, 2023

Under California law, when interpreting a municipal zoning ordinance, the clarity and precision of the language used is key. If a part of the ordinance, such as "10.40.070.D.E", appears to contain a typographical error, it can create uncertainty in its application and enforcement.... View More

3 Answers | Asked in Civil Rights, Identity Theft and Land Use & Zoning for California on
Q: can schools gather car information such as insurance, registration and drivers license for a parking permit

The public high school wants to get out car information for us to park in there student parking lot.

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answered on Dec 18, 2023

In California, public high schools often have policies requiring students to provide certain car information, such as insurance, registration, and driver's license details, to obtain a parking permit. This practice is typically part of the school's efforts to ensure safety and proper... View More

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1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Neighbor put fence on my property. Who owner of this fence? I did not give permission. Took down my fence .

No written notice. Wants put in jail if I remove it. I say my property, deed my name.

Told I have to go to court to prove it is on my property even tho the property disc is there. Tks.

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answered on Dec 17, 2023

In California, if your neighbor has constructed a fence on your property without permission, this can be a case of encroachment. Legally, the fence built by your neighbor on your property is considered their property. However, since it's on your land without consent, you have rights that need... View More

2 Answers | Asked in Land Use & Zoning, Personal Injury, Municipal Law and Small Claims for California on
Q: Septic runoff major issue. 2 properties not including mine.

Sometime this year the apartments(8unit) up the alley had a septic issue and they let their entire waste water runoff into the alley and onto my property and just pretended like it didn't happen, for 3 days. My yard still smells because of it. Furthermore the apartment one closer to mine, (10... View More

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answered on Dec 3, 2023

In California, dealing with septic runoff and property damage caused by neighboring properties is a serious matter. First, document the damage and the runoff, including photos and any other evidence of the septic issue and the altered water flow causing damage. This documentation is crucial for any... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Land Use & Zoning for California on
Q: I've got property in South Carolina and I'd like to know the value of it. I've been getting a few offers from around the

Country. Is there a (Free) state website I can go to and find out the REAL value of my property?

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answered on Nov 28, 2023

Assessing the value of property in South Carolina can be approached in several ways, although there's no specific state website that provides an exact "real value" for your property.

One option is to check the county assessor's website where your property is located in...
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1 Answer | Asked in Land Use & Zoning and Civil Litigation for California on
Q: Do property owners of private property have to give notice to the owner of the vehicle before they tow it
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answered on Nov 27, 2023

In California, the rules regarding towing vehicles from private property are quite specific. Property owners or their agents must provide notice before towing a vehicle, except in certain circumstances. The notice typically involves posting clear signs at the entrance of the property, detailing... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for California on
Q: on a private road, that has a bridge, and is used by all, does one person have the right to tear out said bridge

Bridge is located in a subdivision and used by many residents. Every attempt to reconstruct and repair the bridge gets demolished by one person who also lives in same subdivision. Do we other residents have any legal recourse?

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answered on Nov 22, 2023

Under California law, if a private road and bridge in a subdivision are used by multiple residents, no single individual typically has the unilateral right to remove or damage the bridge. This is especially true if the bridge is considered a common area or is under a homeowners' association... View More

1 Answer | Asked in Business Law, Land Use & Zoning and Municipal Law for California on
Q: Can a fitness center (commercial gym) have a business license with a residential address?

If a gym owner is evicted from the commercial space and no longer has an address zoned for commercial use, does this negate the business license?

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answered on Nov 11, 2023

In California, a business license can technically be registered with a residential address, but this does not automatically allow a commercial operation like a gym to function in a residential area. Zoning laws, which vary by locality, determine what activities can occur in a residentially zoned... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Land Use & Zoning for California on
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop

Property for having 325 plants had two permits for up to 99 plants they confesscated all plants

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answered on Oct 21, 2023

If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.

The confiscation of all plants,...
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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?

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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 Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: I lived on property for eight years. The man I rented from , is now dead but I found out he didn't own the land I lived

on. I payed rent for 8 years , and he wasn't the real property owner. So after he died , the family wanted to sell the property I was renting and tried evicting me off of the property but like I said , it wasn't his property to begin with. The property I rented was right next door to the... View More

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answered on Oct 12, 2023

In California, if you've been paying rent to someone who was not the actual property owner, it complicates your tenancy. The true owner, or their heirs, generally have the right to evict occupants who don't have a valid lease with them. However, given the length of your occupancy and... 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 Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for California on
Q: Is a rental contract legally binding if the unit it is for is an illegal dwelling/not properly permitted?

Unit is located in UNINCORPORATED part of LA County, there is an order from Regional Planning requiring unit to be vacated due to: One or more unpermitted dwelling units are being maintained on the premises (Los Angeles County Zoning Code: 22.02.030(B); 22.18.020; 22.18.030(A); 22.18.030(B);... View More

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answered on Oct 9, 2023

In California, a rental contract for an illegal dwelling or unpermitted unit can present complexities. While the rental contract itself may be a legally binding agreement between the parties, its enforceability could be limited or affected by the unit's illegality. If a unit is illegal or not... View More

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