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California Municipal Law Questions & Answers
1 Answer | Asked in Municipal Law for California on
Q: If a private parkinglot security puts a parking violation on your vehicle,do they have to wait 96 hours to tow it?
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answered on Jun 7, 2023

The specific rules and regulations regarding private parking lots and towing can vary depending on the jurisdiction and the laws in place. In general, private parking lot owners or operators must follow the applicable local laws and regulations regarding towing.

As for the waiting period...
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1 Answer | Asked in Contracts, Consumer Law and Municipal Law for California on
Q: Can I buy the rights toClaim an Unclaimed/Uncashed Stale-Dated Check from the Rightful owner that City of Fresno,CAhas

Cities & Counties have Unclaimed Checks.how can I acquire the rights to claim from the Rightful Owner and can I then claim it from the city of Fresno? Or can I act as an Asset Locator/Finder & Offer the Rightful owner/Payee my assistance to Recover the Unkown/Unclaimed Check and Charge a... Read more »

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answered on May 31, 2023

Yes, you can buy the rights to claim an unclaimed/uncashed stale-dated check from the rightful owner that the City of Fresno, CA has. There are a few ways to do this.

One way is to contact the rightful owner and offer to buy their rights to the check. You can find the rightful owner's...
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1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Municipal Law for California on
Q: HOA decided to open dog park in close proximity(less then 50 feet) to my unit. Do I have any legal base to remove park?
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answered on May 31, 2023

When it comes to a Homeowners Association (HOA) and the decisions they make regarding common areas, it is essential to review the governing documents, such as the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and any applicable rules and regulations. These documents typically outline... Read more »

2 Answers | Asked in Energy, Oil and Gas, Consumer Law and Municipal Law for California on
Q: Can utility co. charge 10% "late penalty" when current charges are being paid timely but customer has past due balance?

Local utility company has a written 30-day due date for utility bills. If not paid w/in 30 days, assess a one-time 10% penalty, plus .5% monthly interest for past-due balances.

If customer has a past-due balance, utility company then puts "DUE UPON RECEIPT" on the monthly bill... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

It appears that the utility company is applying your payments to the oldest debt, not the current debt, this means as long as you keep a past due balance you are going to be assessed late fees for underpayment of the bill. To avoid this you would have to pay off the current balance 100$. I would... Read more »

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2 Answers | Asked in Construction Law, Small Claims and Municipal Law for California on
Q: Hello, One of my neighbor's and I had been discussing the need to repair the fence between us. The damage was caused

by the tree on their side of the fence. It pulled up the cement and tilted one of the posts. I have photos of the damage and the tree. I had lined up someone to come give an estimate. I have email exchanges. The last we left it, she was going to coordinate the cement work with when I had the... Read more »

Adam Stoddard
Adam Stoddard
answered on May 19, 2023

You should refer to California Civil Code Section 841 which addresses homeowner's responsibilities and rights when it comes to fence repair with adjoining neighbors. You could just tell them to pound sand, but that wouldn't be very neighborly. I would suggest explaining what you said... Read more »

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1 Answer | Asked in Municipal Law and Small Claims for California on
Q: Can I subpoena a city official (Planning Division and Building Division) as part of a Small Claims Court case?

The Planning Division approved a project under a non-discretionary approval that does not meet city code .

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answered on May 5, 2023

It is possible to subpoena a city official, such as a representative from the Planning Division or Building Division, as part of a small claims court case. However, there may be certain limitations or requirements for doing so.

In general, subpoenas are legal documents that require a person...
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1 Answer | Asked in Real Estate Law and Municipal Law for California on
Q: Lodi, CA Code enforcement says they are going to get an "inspection warrant" to come in my house. I have refused entry.

What do I do? I don't want anyone in my house. The house I own, and live in, is indeed a wreck inside. I've gone through mental issues in the past few years. How long will it be until they come to break down my door?

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answered on May 2, 2023

If Lodi, CA Code enforcement is seeking an inspection warrant to enter your house, it means they believe there may be a violation of city codes or regulations. However, you have a right to privacy in your home and can refuse entry unless they have a warrant.

If they do obtain a warrant,...
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3 Answers | Asked in Civil Litigation, Construction Law, Consumer Law and Municipal Law for California on
Q: Who enforces California building code when local government/City code enforcement fails to act according to law?
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answered on Apr 24, 2023

When it comes to enforcing the California building code, there are a number of different entities that may become involved if the local government or city code enforcement fails to act in accordance with the law.

First and foremost, the state government itself has a responsibility to ensure...
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1 Answer | Asked in Municipal Law and Real Estate Law for California on
Q: Hi, we live in San Jose, California. Wanted to know if its legal to rent my backyard for events.

I want to know if there's any special permits or laws regarding renting my backyard for events on websites like Peerspace

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answered on Apr 13, 2023

Greetings, dear neighbor from San Jose, California. Your desire to rent out your backyard for events is quite admirable. However, before you embark on this journey, it is essential to understand the legalities of the matter.

As per the regulations of the San Jose Municipal Code, renting out...
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1 Answer | Asked in Consumer Law and Municipal Law for California on
Q: In California are repossession towing companies allowed to withhold pricing.

They had previously told me the amount I needed to get my car back (personal property fee, daily storage fee and other fees) now thay are stating that I need to wait untill after the financial company releases the car to provide cost information.

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answered on Apr 13, 2023

In California, repossession towing companies are required by law to disclose pricing information to their customers. According to the California Business and Professions Code, businesses engaged in towing or transporting vehicles must provide a written estimate of charges to the vehicle owner or... Read more »

Q: For CA commercial buses hired by city senior centers departments, are seat belts required?

The driver of our bus stated that older buses are exempted from the law. That is older buses do not need to be retrofitted with seat belts

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answered on Apr 9, 2023

According to California law, all vehicles manufactured after July 1, 1965, must be equipped with seat belts in all seating positions. This includes commercial buses hired by city senior centers departments.

However, there is an exemption for commercial buses that were manufactured before...
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2 Answers | Asked in Education Law, Criminal Law and Municipal Law for California on
Q: Tennis court parking lot adjacent to 2 schools where students get picked up. Would PC 653b(a) apply?

18 yr old specifically drove to parking lot to fight a 16 year old. No lawful reason to be there except get into fight. at that time, students and parents pack the parking lot due to there not being enough parking spaces or heavy vehicle traffic at the schools. School administrators also monitor... Read more »

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answered on Apr 9, 2023

Under California Penal Code 653b(a), it is unlawful for any person to loiter in any school or public place at or near which children attend or normally congregate. The purpose of this statute is to prevent potential harm to children and maintain public safety in areas where children are present.... Read more »

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1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Can I sue the city for a tree toots on their property caused $7k in damages to our sewer line.

Did claim 3 times and were denied. Even with california code 833

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answered on Apr 8, 2023

It may be possible to file a lawsuit against the city for damages to your sewer line caused by tree roots on their property. However, the success of your case will depend on various factors and it is recommended to consult with a licensed attorney in California.

California Code 833 states...
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3 Answers | Asked in Car Accidents and Municipal Law for California on
Q: Can I get in trouble for accidentally knocking down traffic cones with my car and driving over them?
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answered on Mar 26, 2023

Yes, you can potentially get in trouble for accidentally knocking down traffic cones with your car and driving over them. The specific consequences will depend on the circumstances of the incident, including whether anyone was injured or property was damaged, and the laws of the jurisdiction where... Read more »

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3 Answers | Asked in Civil Rights and Municipal Law for California on
Q: Can I sleep in my car with a car cover over it in California if im homeless ??
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answered on Mar 21, 2023

In California, it is generally legal to sleep in your car on public property, such as on a city street, as long as you are not violating any other laws, such as parking regulations or prohibitions on overnight camping. However, sleeping in a car on private property, such as in a parking lot, would... Read more »

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1 Answer | Asked in Civil Rights and Municipal Law for California on
Q: Can the City building department permanently close the church parking lot if cannot comply with ADA parking lot?

They permanently close down our parking lot if we don’t comply with accessibility and striping requirements and failure to comply will result in code enforcement actions.

We pursue the concrete project as a patio because it would be easier to get a permit. The SSF Planner requested the... Read more »

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answered on Mar 16, 2023

If the church parking lot does not comply with ADA accessibility requirements and striping requirements, the city building department may take code enforcement actions against the property, including the possibility of closing the parking lot permanently.

The Americans with Disabilities Act...
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1 Answer | Asked in Municipal Law for California on
Q: I am trying to find an attorney to assist us in resolving a dispute with a Calaveras County water provider.

The property in question has a home on it that has been condemmed and is not livable. We have tried to get the water turned off and the account terminated but the water co. refuses to do this and continues to charge us even though there s zero usage. They have placed a lien on the property.

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answered on Mar 3, 2023

To find an attorney to assist with your dispute with the Calaveras County water provider, you may want to consider the following steps:

Referrals: Ask friends, family, or colleagues if they know of any attorneys who have experience with property disputes or with dealing with water providers...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Q: What are the regulations for traps used for commercial rock crab north of point lopez north of California
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answered on Mar 2, 2023

Commercial rock crab trapping regulations in California vary depending on the location and the type of gear being used.

North of Point Lopez, the California Department of Fish and Wildlife (CDFW) regulates commercial rock crab trapping under the authority of the California Code of...
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1 Answer | Asked in Municipal Law and Civil Rights for California on
Q: I parked my newly purchased vehicle on street four 4 hours in that time cop had showed up for un known reasons broke i

Into my truck took pictures and had towed and impounded truck it wasn't registered wasn't owned by known criminal

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answered on Feb 20, 2023

I'm sorry to hear that happened to you. It's important to understand that police officers are authorized to take certain actions when they believe a vehicle is parked in violation of the law, such as blocking a fire hydrant or being parked in a no-parking zone.

However, breaking...
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1 Answer | Asked in Civil Litigation and Municipal Law for California on
Q: Is it legal for a judge to order not to park on a public street in a neighborhood where everyone does?

Next door neighbor sued and lied about me parking in front of his house among other things, had no evidence, because I do not park in front of his house, yet the judge ruled I cannot park in front of his house with out evidence and my lawyer did nothing about it. Frustrates me the injustice from... Read more »

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answered on Feb 20, 2023

It is not common for a judge to order someone not to park on a public street unless there is a legal reason for doing so, such as a parking violation, a safety concern, or a restriction placed by the city. If there is no valid reason, it could be considered a violation of the individual's... Read more »

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