City Won't Enforce Laws

[Johnmelissa]

Sue For Anything

In California, may not one sue anyone for anything?

 

[Johnmelissa]

Judge Dismisses?

You mean a judge would summarily toss any suit against a municipality? Based on law or caselaw or precedent? I was countersued once with absolute baloney!

 

[CdwJava]

$1,000,000 homes. RV in sideyard diminishes property values. Ask yourself if you'd buy a house with a 40' motorhome out its bedroom windows. No damage. Excuse me? The law says it is an unlawful nuisance. Mayor and code enforcement ignore the law. Their phrase is, "despite the law." An absolute state of war between neighbors exists because the city won't enforce the law as written or change or amend it. It neglected the enforcement and CAUSED law suits, Sheriff responses, emotional distress etc., etc. Incredibly, it just amended collapsible canopy law to outlaw them as it ignores the law to SCREEN equipment in side and back yards. Quantifiable negligence and damages.

Okay ... there is no "duty to protect" under the law. The municipality is under NO legal obligation to enforce the law. Enforcement of the law is generally a political decision. Raise a big enough stink, and perhaps something can get done.

As for a suit, you have to show actual damages - not potential damages. Claiming you MIGHT lose money IF you sold your home is not going to cut it.

And, yes, you CAN try to sue anyone you want - provided you have the money to pay an attorney ... but, success is questionable.

If this is such a hot button issue for you and your neighbors, you CAN pressure the city council into taking action (or county board of supervisors). Politicians hate controversy. Raise enough of a stink and something will get done. But you cannot successfully sue them for not enforcing the rules. If that were the case, then governments woul dbe sued all the time.

- Carl

 

[Texasgal]

I am not an attorney but a friend of mine went through something similar with the animals. Person had 9 German Shepherds. Ordinance says no more than 3 allowed. The owner would only let 3 go outside at a time and keep the others in the house. My friends kept complaining - the noise, stench, etc... The Code Enforcement officer even told my friends they could be ticketed for making too many complaints - harassing their neighbor. My friends mounted a video camera in a tree and let it run. The took the recording to the code enforcement officer. Got the dogs barking for six hours straight. The city finally took action. That might work for you. If nothing else, it would be something to take to the media. Maybe if your potential gang members get hassled enough they'll find someone else's neighborhood more appealing!