cypresstd said:
undefinedWhat is the name of your state? Califonia
I have been sent via mail a citation from a community code inspector for parking a rv on my driveway - Chino Municipal Code 20.08.040.B.17. The law seems to provide for parking on ones driveway as long as the vehicle does not encroach over a sidewalk or such. The problem I suppose is that the law does not allow for "storage" on ones driveway (parking for more than 72 hours). Question is - how do they know the vehicle has not been moved within the 72 hour period. Tires have never been chalked. Can I fight this on the grounds that they can not prove the vehicle had not been moved?
Thanks for your advice.
You can try to make the argument that it has not moved, but my guess is that they have seen it there and/or had complaints about its presence. And, I would wager to guess its been there much longer than the 72 hours necessary.
My town has a similar ordinance. My code enforcement people go out and take photos of the offending vehicle at the beginning of the observation period and at the time they send out a notice. They also make note of when they pass by and confirm the RV is still there.
There are many ways to determine it hasn't moved - debris at the base of the tire, cobwebs, the simple fact that people don't fire up the RV to run to the store for a gallon of milk, etc. You certainly DO have a right to go to court to contest any fine that might be levied against you. However, keep in mind that simply moving it on to the street and then back again is not likely to be considered in compliance.
The devil will be in the details as the section is written.
If its worthwhile for you, then get an attorney and fight it. Though I suspect the attorney may cost more than 6 months of RV storage fees.
EDIT:
Here is your code section:
17. For the purposes of this chapter, the term "storage" shall include the keeping of recreational vehicles for personal use of the property owner or resident, the temporary outdoor storage of household refuse and recyclable materials, and the outdoor storage of those items typically found in a residential setting, such as home furnishings, gardening, home maintenance equipment and supplies, and the like. Outdoor storage shall not be permitted in any residential zone, except as follows:
a. Recreational Vehicle Storage/Parking. Campers, house trailers, boats, motor homes, and all vehicles having a gross vehicle weight rating of two thousand pounds or more per the CVC shall be permitted, subject to the following limitations:
i. The term "recreational vehicle" shall mean a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor homes, converted trucks or buses, boats and boat trailers, and all-terrain vehicles.
ii. Recreational vehicles shall not be stored within any required front yard or street side yard. For the purposes of these provisions, the term "stored" means continuously parked in the same location for more than seventy-two hours.
iii. All stored recreational vehicles shall be screened from public view by building walls, decorative screen walls or fences, landscaping, or a combination thereof, to the greatest extent possible, as determined appropriate by the director of community development.
So, IF you moved the vehicle once in every 72 hour period - and you can prove it - you MIGHT be able to argue that it is not "continuously parked" in the same location. But, I am told that as long as it returns to its original location it IS considered parked there ... unless it is gone for an extended period.
It still might be easier to just store the darn thing - and cheaper, too.
- Carl
