need an attorney to fight the city, Long Beach, Bellflower, L.A.

[Fred Rawling]

I need a good attorney to fight the city.. The got a warrant to remove the car parts from my yard but also went into my shed and took parts. An attoreny that has experience fighting the city on code violations any where close to Long Beach would be helpful.

Please e-mail me direct as things are a bit busy now.

frawling@bristolhomeloans.com

Fred Rawling

[Fr. Buick]

Sorry to hear of your troubles, Fred. Walzing in and taking things is shocking. Have the neighbors been agitating?

A car nut lawwyer I know is Fred Chamberlen. He deals more with family law, but might be of help. He has had his own fights with neighbors and the city about cars and parts in the yard... His office number is 562-493-0054.

Hope that gets you some help,

Doug Cook

[JohnD1956]

Wish I could help but all I can offer is moral support. Get the bastards! They have some nerve! Some of these local politicians really deserve a taste of their own medicine.

[NTX5467]

A KEY issue is what type of communications the city has had with you previously. Have they sent you official letters with requests to comply with their codes and ordinances or did this "just happen"? In ANY code violation situation, it's what happens or didn't happen BEFORE they do something that is important. It might be private property, but there are minimum standards which they feel must be maintained to preserve the public health and safety (according to them)--completely outside of any home owners' association rules and regulations.

Many code enforcement dialogues are worded to make it seem like those that do not comply are "the bad guys of the neighborhood", keeping property values down and somewhat contribute to an "unsightly" situation on their property. Code enforcement goes much farther than uncut or tall grass/weeds and such, but also storage of vehicles on private property. There is also the "public nuisance" orientation that can further make the alleged violator look even worse than "bad guy".

BEFORE you (or anybody else) gets their oil pressure up, you FIRST need to get a copy of all codes relating to vehicles on private property. Pay the city with cash money and give only your first name (which is how a friend of mine got his copy).

In many cases, stored vehicles need to be parked on "an improved surface" rather than dirt. Tires typically must also be significantly fully inflated, too, which seems to be an important item in many cases. With car covers being as inexpensieve as they have become at the discount stores, that $25.00 investment can possibly go a long way toward making things look better on your property. This makes "concealment" a key item to consider.

There are also definitions of what makes a vehicle "inoperable" and for how many days. Both local and possibly state definitions, which usually concur. Some municipalities also have code restrictions upon how close a vehicle might be parked to the street in a private driveway. In the particular situation, it's 10 feet so as not to have an obstructed view when backing out into the street.

A friend in Dallas lost two of his cars to code enforcement issues. They were on his private property and in the driveway, but probably not with current registration and inspection and definitely not with "antique" license plates/registration. He ignored the letters and came home one day to find them gone. It seems that an elderly resident across the street was bothered by the reflection off of one of the chrome bumpers at certain sun angles, which reflected into the resident's living room.

Typically, BEFORE a municipal entity can start code enforcement proceedings, the property owner must first be notified of alleged violations and make some effort to comply with the codes. Usually, unless there are complaints or there is a city-wide enforcement situation, it takes a complaint to get things started. Ignoring these official communications from the municipality is not good and will not LOOK GOOD to a magistrate who is hearing the case.

SEMA has model legislation regarding the storage of "project cars" or "under restoration vehicles" on private property. In many cases, they have successfully lobbied for certain concessions for vehicle hobby participants at the state level.

Doing one's homework BEFORE going to "fight city hall" is of utmost importance--period! If you don't know the rules of the game, you might lose!

With all due respect, I believe we need to have a full disclosure of what has transpired BEFORE this call for help/assistance came out.

From my own experiences and observations, plus comments heard from others, the "public nuisance" allegation is extremely powerful stuff and puts the alleged violator in a terrible position to attempt to defend their own actions/activities or lack thereof. Even if it's behind a privacy fence!

I have also heard of possible code issues which would require all vehicles in a private property situation (even a closed garage!) must have a particular distance between them and the nearest wall or vehicle or "stuff" in the garage . . . plus nothing stored inside the vehicle too. Consider the situation should a first-responder arrive to fight a fire or similar . . . where they could not get deep enough inside the structure to effectively fight a fire (in their full battle dress) due to restricted access issues from "stuff" and no open pathway wide enough for them to walk through.

In Fort Worth, they had to craft a new code ordinance to restrict the parking of RVs in driveways. Due to complaints about an alleged blighted appearance to some people, the code compliance operatives held meetings with RV owners and those who didn't want to see them in driveways. Similarly, some people don't like to see anything by an operable vehicle parked in public sight on private property. Part of the issue was how close they are to the curb (an existing ordinance), but a key item was that some didn't like to look at them and THEY complained.

In Arlington, TX there was a retired military man who would drive the streets looking for code violations (or suspected violations) and then filing complaints on them. As each complaint will generate an investigation by code enforcement operatives, this kept those people busy. He felt he was being a good person by finding these violations, but I suspect some others felt otherwise. Some municipalities are tougher on enforcing code issues related to vehicles than others, by observation.

Just some thoughts and observations . . .

NTX5467

[imported_buick5563]

Fred,

Willis makes some very good points. I know here in Austin, there are laws that state how many cars any household is allowed to have on the property in relation to licensed drivers. I believe I am technically in violation. Luckily for me, you can't see in my garage from the street. You didn't mention what was taken. Again, if there were fenders or engines in plain view of the street that could be a bit trashy looking to your neighbors. I DO realize that this argument doesn't hold true for any parts in your shed. I noticed your email address is for a home loan company. Is this your house or a property you own? I know nobody wants to have Big Brother breathing down their neck, and I certainly sympathize on that account, but I know I wouldn't want to see a bunch of rusty tin in the middle of my neighbors lawn. Speaking of which, also here in Austin, like Willis mentioned, it is illegal to even park on your lawn. Of course this can be skirted by basically gravelling the front of your house.

Good luck,

Mike

[RICK YOUNG]

Some good points above.

I happen to be on our City Council.

Cars here need to be liscenced and insured. Some people get quite passionate about this topic. Our police could spend more time with this than chasing criminals.

Still, we need to be good neighbors and represent our passion responsibly.

If my neighbor had parts strung across the lawn I'd be on him like stink on a Skunk.

Just my 2 cents

RY

[lrlforfun]

OK Fred: I have been in your shoes and almost lost. I had 60 days to move 50 vehicles, most non operational. It got oppressive and ugly. If I was not in good physical shape and had a tow guy to help me much of my stuff would have went to the crusher, my landlord would have a lien on his property for the cost of abatementment and something very bad could have happened.

My advise.........clean up your property. Why? Not that it's "your right" to have what ever you want on "your property" that is just how business is done in America today. You can not fight these people and win. NO WAY!

Do you know how many people would thrill at the sence of power by ratting you out? My guess, a large scary number.

Sorry for the dark feedback. Heed this warning and save yourself money, troubles and heartache. Mitch

[Guest simplyconnected]

Fred, you can look up the code online. Here's the link pertaining to, parking your car at your house:

http://qcode.us/codes/bellflower/view.php?topic=17-17_72-

Personally, I would NOT go down to city hall. If you get a violation, satisfy the infraction and say no more. When the code inforcement inspector sees you have complied, he will leave you alone, unless you pi$$ him off. All he is doing is enforcing, due to a complaint. If the person complaining continues, HE will draw negative attention on himself. The CITY BOYS know how to handle all those situations.

[Reatta Man]

Fred,

You mentioned they had a warrant. That is an interesting term. Usually a warrant is used in a criminal matter, and must have a judge's signature. Most code violations are considered a civil matter; they usually involve a fine and little more.

What was the nature or purpose of the warrant, or did you just use the wrong term?

Joe

[NTX5467]

From what I've seen, the "standard non-compliance fine" is $500.00/day for non-compliance. A search warrant might indicate a "shopping visit" to get inside to look around, legally, to see what was there.

I see "the plot thickening" . . .

NTX5467

[MarkV]

Bellflower, I didnt know they had codes in bellflower! By driving along the fwy you wouldnt think so. So, instead of chasing after you, why dont they go after the druggies, illegals and gangs roaming the streets in Long Beach and Bellflower! Sounds like a shakedown to improve city profits, are you in an industrial or residential?

[RocketDude]

Something doesn't sound quite right here. To get a search warrant, there has to be probable cause that a crime has been, or is being perpetrated on the property. The police officer has to swear in front of a judge that there a strong reason they need to enter the property, and the judge must sign the order. Most judges wouldn't stick their necks out to sign such an order without strong evidence of a crime.

From what you are saying, they definitely over stepped their bounds, I hope you did find a good lawyer by this time....

[Reatta Man]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 1948Lincoln</div><div class="ubbcode-body">So, instead of chasing after you, why dont they go after the druggies, illegals and gangs roaming the streets in Long Beach and Bellflower! </div></div>

The reason is simple; druggies, prostitutes and gangs MOVE when they see 5-0 coming. You have to actually get out of your car or office and do police work to find and stop them. That could cause you to break a sweat, work extra or late hours, be persistent and make people mad at you that have guns and will use them. Property owners with old cars are STATIONARY and usually are not trying to escape or shoot at the police; which means they make very easy targets for lazy bureaucrats, cops and district attorneys looking to make a name for themselves.

I still would like to know whether there was a no-kidding search warrant used, and what the warrant was looking for in relation to a criminal act or activity.

Joe