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Municipal Law Questions & Answers
1 Answer | Asked in Municipal Law for Alabama on
Q: Is there a nose ordinance outside of city limits in Marshall county, alabama
Tim Akpinar
Tim Akpinar answered on Jan 14, 2021

This is something that an Alabama attorney could advise best on, but your post remains open for five weeks. At this point, you could ask the public relations liaisons for the elected officials or lawmakers in the applicable county(s). Noise ordinances can be specific to a city or town. Outside city... Read more »

1 Answer | Asked in Consumer Law, Contracts and Municipal Law for New Jersey on
Q: The trade in dealership failed to turn in my plates resulting in my drivers license being suspended

Resulted in my driver's license being suspended, not being able to drive, the new car not being able to be driven, and DMV wanting to fill out forms with process times of 7-10 business days, plus cost of restoration plus daily suspension fees.

Morris Leo Greb
Morris Leo Greb answered on Jan 14, 2021

You have an excellent cause of action to file a civil action against the dealership to recover any damages you nhave sustained. Further, you may wish to file a criminal complaint also. However, when demanding payment for damages do not threaten filing a criminal complaint if the dealership refuses... Read more »

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Are Florida HOAs (chapter 720) now required to have a website the same as COAs are per chapter 718 changes as of 2018?

I read that Chapter 718 now requires condo associations to implement a website for the COA under 2018 changes to Florida law. I am president of a FL HOA governed by Chapter 720. I'm trying to locate the similar requirement under Chapter 720 law. Are HOAs also now required by law to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Dec 7, 2020

No, there is no requirement for HOAs to have a website. Chapter 720 is a little confusing because it requires a HOA to have their estoppel information on their website, but that has been interpreted to mean if they have a website it must include the estoppel information.

2 Answers | Asked in Criminal Law, Civil Litigation, Gov & Administrative Law and Municipal Law for California on
Q: I was fined $250 under California code of civil procedure for failing to appear at jury duty. What is the fine consider

ed. I was told by the clerk that it is not a misdemeanor, but is it an infraction (like a parking ticket?) a sanction, and what is the difference? Was I “convicted” of something?

David Michael Lehr
David Michael Lehr answered on Dec 3, 2020

It is not a criminal record. Therefore, the only penalty can be, and is, a fine. Sorry about the $, but it will not hurt your life in the long run!

Good luck!

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1 Answer | Asked in Municipal Law on
Q: If there's a complaint about noise at night, and nothing is done, is there ground for a lawsuit against the city?

My neighbors upstairs make noise at night, throwing and dragging furniture on the floor. They claim it's not them making the noise.

I lose sleep because of the noise, and as a result suffer dizziness and short breathing.

If I make a complaint, and nothing is done, is there... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 22, 2020

Unless there are other details, this would not create the basis for a lawsuit against the city. It is not a Municipal Law matter; it is a Landlord-Tenant Law matter. You could repost in that category or reach out to attorneys who practice landlord-tenant law. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury and Municipal Law for Montana on
Q: If I was on a pedestrian and bicycle path and the car driver had a yield sign where I was badly injured is it my fault ?

I was on a bicycle and pedestrian path many people use every day! I was still on the path and it had a crosswalk on the path. The driver of the car had a pedestrian yield sign and didn’t yield hitting me and causing severe injuries. Police came with ambulance and fire trucks and I was rushed to... Read more »

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

It does not sound like you are at fault here. However, I strongly advise you get an attorney licensed in the state of Montana as soon as possible to assist you further with this issue.

1 Answer | Asked in Traffic Tickets and Municipal Law for Alabama on
Q: I just got my first speeding ticket yesterday on the 3rd. Is it just that I'm required to pay it before the 19th?

The court date is set on November 19th 2020. I live paycheck to paycheck and simply cannot afford this ticket. Since this is my first offense should I show up in court and ask for leniency?

Sheila Crumley Field
Sheila Crumley Field answered on Nov 4, 2020

Show up in court and ask for driving school. It only costs $40 bucks instead of $300 for the ticket. After you take the class file the certificate with the court and ask that it be dismissed. It only works if it’s your first ticket. So slow down!! Good luck!!

1 Answer | Asked in Criminal Law and Municipal Law for Alabama on
Q: Can a investigator legally keep your gun out of the evidence room

My wife got arrested last year the lady over the evidence room was going to give me my gun back and she said the investigator has the kind I contacted the investigator and he said the only way I could get my gun back is if she turns in names how is he legally able to keep that gun out of the... Read more »

Travis T Juneau
Travis T Juneau answered on Oct 29, 2020

The police are allowed to keep the firearm for evidentiary reasons, meaning it is evidence in a crime until that case is concluded. A case is not concluded until the person is found either A) not guilty or B) all appeals have been exhausted. If the person is convicted, I would anticipate that the... Read more »

1 Answer | Asked in Agricultural Law and Municipal Law on
Q: What is the current situation of the fisheries laws in municipalities?
Tim Akpinar
Tim Akpinar answered on Oct 28, 2020

Outside of NOAA's federal guidelines, it's also governed by state law. Since these can differ from state to state, you'd need to to look into Departments of Environmental Conservation, Wildlife Protection, Natural Resources, or other names under which the entities that oversee this... Read more »

2 Answers | Asked in Civil Rights and Municipal Law for California on
Q: What my rights against code enforcement inspections
Louis George Fazzi
Louis George Fazzi answered on Oct 27, 2020

I need details to give you any kind of reasonable advice. Who did what, when, how, and why? Tell your story in a chronological way, from beginning to end. Identify all witnesses and what they said, did or know. Supplement that with all the records you have relating to the incident in question. Then... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Real Estate Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Illinois on
Q: Want to put in a fence but restriction on plat are in the way. The city doesn't know who owns the plat restrictions.

We purchased a home in McHenry, IL and back up to a major roadway. We have dogs and kids and want to put in a 6' fence and not give up 30' of our yard. The restrictions are on the plat but nobody knows who owns them to have them removed. The restrictions are:

1. Fencing is... Read more »

Robert Shipley
Robert Shipley answered on Oct 22, 2020

Based upon your description, it appears the City is/would be cooperative with your ultimate goal. It is likely the restrictions were put in place by the developer, perhaps based upon zoning or right of way issues. I would think the City should be able to work with you to develop a solution. I... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for California on
Q: Can i use a bb gun as property protection in ca
Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

Not a good idea to use a BB gun for anything other than target practice. Probably a municipal code violation if not a penal code violation.

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1 Answer | Asked in Personal Injury and Municipal Law for Florida on
Q: Why can't the police unions be sued if they interfere with the discharging or hiring of officers with procedural violati
Charles M.  Baron
Charles M. Baron answered on Oct 15, 2020

Your inquiry is too vague as to the "interference" you are referring to.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Municipal Law on
Q: Will and testament

I'm a law student from Mexico, and I've been wondering how E.E.U.U. regulates wills and testaments, and I would like to know where is reflected, I'll be very grateful if you can answer my doubt.

Tim Akpinar
Tim Akpinar answered on Oct 15, 2020

You could repost your question in the Probate and Estate Planning categories. There's no guarantee all questions are picked up, but those categories are closer to the topic you ask about. You might have better chances of a response there. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: Is a power of attorney from myself to a relative in Puerto Rico from total legal valid in puerto Rico

I live in Florida and cannot travel to Puerto Rico, my cousin lives in Puerto Rico and can handle the land and house my father left when he died in June 2020

Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

This sounds like something that an attorney practicing in Puerto Rico could advise best on - you may want to repost it there. But you await an answer for three weeks. As a GENERAL matter, jurisdictions could have their own requirements for POAs. But as a general matter, it can SOMETIMES be at the... Read more »

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Illinois on
Q: Who does one contact if a department violates this law?
Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

It looks like part of your post may have gotten left off - that's probably why it remains open for four weeks. There's no guarantee all questions are picked up, but if you included what the law you're talking about is, a Chicago attorney would be in a better position to offer... Read more »

2 Answers | Asked in Municipal Law for California on
Q: Is there anything I can do to report a company that unsafely operates heavy equipment on a public sidewalk?

This is a business/industrial area without a lot of foot traffic, but there are many people that must take the bus and then walk or ride their bike to work from the bus stop. The company stores pallets near the sidewalk and drives their forklift onto the sidewalk, backing up without looking to see... Read more »

William John Light
William John Light answered on Oct 8, 2020

If its a violation of a Municipal ordinance, you can ask the police to patrol and cite. The employer may also be in violation of workplace safety rules, so you could make a complaint to Cal-OSHA and it might investigate and require modification of the workplace practices.

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Q: Hard authorities search: Deprivation due to payment processing location being closed. Tried to pay, not possible

Preventing deprivation not possible. Need authority to cite if it exists. Trying various search terms for many days. Car booted while awaiting payment of fines, tow ordered 72 hours later, but payment processing center not open and no other means available. Tried to make payment while boot attached... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 5, 2020

IS THIS FOR CALIFORNIA?

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1 Answer | Asked in Municipal Law for South Carolina on
Q: If I received a municipal ticket and showed up for court but the officer didn't, do I still have to pay?

I received a ticket for petit larceny and showed up for court but the officer that wrote the ticket did not, do I still have to pay the ticket? South Carolina

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

I would need more information in order to answer this question. Did you request that the case be dismissed when the officer did not show up? Did you enter a plea to the charge? More information is needed in order to answer your question.

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