How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114029
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was typing out a question. Has to do with harassment by

Customer Question

Hi, I was typing out a question for you. Has to do with harassment by code enforcement.
JA: Thanks. Can you give me any more details about your issue?
Customer: Someone from the sewage plant came by and wanted to look at my toilet. I thought that was weird so I said no. They threatened with a warrant I said go get one. They never did. instead they went to local code enforcement and filed a complaint. But the harassment is now with the CE. I have a business in a light industrial area. I have delivery vehicles. They are giving me violations saying I have abandoned vehicles and they are not registered. They all run,drive and are registered. This is all because of the sewage guy. I know he complained because he showed up with CE twice. But never says anything.He just smiles.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Code Enforcement came out and said I needed to get rid of 8 pallets. I get truck deliveries on these pallets. I got id of them anyway. I corrected that violation but they are accusing me of having (abandoned vehicles) They inspected that the pallets were gone but kept saying my delivery vehicles are just being stored. They are making up things just to get back at me for not letting the sewage guy in to look at my toilet. CE only shows up when there is a complaint called in. The sewage guy is the one that made up a lie of a complaint. I have Civil Harassment paper work filled out and ready to be filed tomorrow after I see what they are going to say. This whole thing is totally BOGUS! This is a retalatory harassment case I think and they are violating my civil right to make a living because they are telling me I have to remove my delivery vehicles from my parking lot that is a private fenced area. I will repaet,this is a light industrial area that I am zoned correctly to have my delivery vehicles and my business. What should I do?
Customer: replied 1 year ago.
I would also like to add that this is jeopardizing my building that I am renting because my landlord is getting upset that they are threatening to fine the property,not me but I will have to pay the fine amount back to him. This is duress of paying a fine or else I get kicked out of my building and I dont have a new one lined up. My building is 4900 sq ft and full. I cant afford to move right now.
Expert:  Phillips Esq. replied 1 year ago.

I am so sorry to read about your difficulties.

You would need to proceed with the harassment lawsuit so that the Court can put a stop to this type of harassment and tortious interference with your business.

To get the matter heard faster, you need to file for a Restraining Order--for an injunctive relief--to stop the CE immediately from harassing you.

Customer: replied 1 year ago.
Hi Phillip,
I have another question pertaining to the harassment I am getting. Ive looked far and wide through the Ca DMV code for this. I remove my license plates from my company vehicles while they are parked in my fenced yard at my business. I do this because plates and tags have been stolen as well as gas and batteries,but the thing about the plates not being on my vehicles is getting me additional harassment from the code enforcement because its something else they are trying to strong arm me about. There is NO law in the CVC that says anyone must have plates on their vehicles while parked on private property. Only while being parked,driven or moved upon a public road or hiway. So they are accusing me of having un- registered vehicles because they cant see my plates. I have called the Hiway Patrol and local Sheriffs office and they say its not a problem and not against the law. So because of everything else I have been dealing with them disrupting my life and place of business of being harassed I refuse to put my plates on my company vehicles for them to see. I think I have found something that irritates them because they cant do anything about it. Do you have any way to verify what I have not found?
Robert
Customer: replied 1 year ago.
I'll add that I do affix them when the vehicles are driven and this property is not public access like a Safeway or Sears or Mall,etc.
Customer: replied 1 year ago.
CVC 5200-5206 is only how to affix your plates properly.
Expert:  Phillips Esq. replied 1 year ago.

Do you have any way to verify what I have not found?

Response: I have no way of verifying what you have NOT found.

The information you were given by by the Highway Patrol and local Sheriff's Offices is correct.

Customer: replied 1 year ago.
Hello,
I have seen your request for feedback but I cant give that until I am finished asking my questions and getting answers which is only fair. All of my questions pertain to my problem of harassment.
Next ?... Can a cop or code enforcement person look into my personal DMV file without having a license plate to look up and just look me up by my name? Can code enforcement give a person a citation without proof of the violation and with only speculation? and by speculation I mean by just saying so because thats their opinion and I know law is not applicable by just an opinion.Robert
Expert:  Phillips Esq. replied 1 year ago.

The answer to both questions is no.

Customer: replied 1 year ago.
I received a citation in Saturdays mail.They have fined me $100 for abandoned and inoperable vehicles. They have fined me $100 for unregistered vehicle. They have fined me $100 saying I have an Automotive Service Repair shop and state a re-inspection fee of $183 for a total of $483.
None of the 3 they mention are true and I have no idea where they are coming up with saying I have an automotive service shop because I dont. Thats not my business.All three say the corrective action is to make the vehicles run and register them and then a local zoning code on the repair shop thing but how can I or someone correct things that are false accusations?? They are just throwing random crap at me and This has to be an obvious piece of police misconduct. Im taking my Civil Harassment paperwork to the court on Monday to file. Is the "injunctive relief" a separate form I need to fill out or part of the civil harassment restraining order? Also to add these fines they are issuing to my landlord so he is going to be pissed again and his property management is going to pressure me into paying or they will threaten to kick me out again like last time. This has gone way to far. What type of lawyer would I need to handle this type of case? I must be calling the wrong type because not one seems interested. Also I dont have a lot of money to be giving to a lawyer is why Im filing the papers myself. NOBODY should be forced to have to pay a lawyer for false accusations.
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties.

You are most likely calling the right lawyers. However, most of the lawyers would not want to go against the Police or the City or afraid to do so. So, you may have to go it alone. However, in this type of case, you would need an Attorney that handles zoning and municipal issues along with Police Misconduct issues to assist you with the case. You can use the following sites to see if you can find a local Attorney to assist you with the case:

Lawyers.com

Justia.com

Findlaw.com

As for your lawsuit, it is a civil harassment case. However, in order to get immediate relief, you would also need to apply for an injunctive relief/Restraining Order. In order to be successful in getting the Court to grant your application for injunctive relief, you must show (1) that it is more likely than not that you would prevail on the merits when the case finally goes to trial; (2) that irreparable damage will be done to you, that is money cannot cure any mistake the Court would make in not issuing the injunction; (3) that the balance of hardships of issuing the injunction or not issuing the injunction tips in your favor; and (4) that it would be in the public interest for the Court to issue the injunction.

Customer: replied 1 year ago.
Hello,
I have set these cops up in a way. I have a classic car collection. Some finished and some not.The select that are not,they have never seen. I have duplicates of the same vehicle(same year & model) . My VIN #'s are inside the door jamb and cant be seen unless you open the doors. What Im getting at is that the vehicles in my lot are registered to my name but some registered to an LLC. The cops only know my name and not what my LLC is. I have a feeling that they have illegally looked into my DMV records and are thinking that I have unregistered vehicles in my lot.(duplicate cars,same year and make and are stored somewhere else) (Remember that I have removed the license plates) When I go to court do I have to prove to the judge that my cars are registered or is that the burden of proof of the code enforcement to say and prove since they have NOT seen my VIN#'s on the cars to match plates to that they havent seen,they only can assume if they looked me up in the DMV. I have vehicles in the DMV that are not currently registered but are not at my business. They dont know which cars are registered to my LLC. Only I know this. And I have a truck I recently bought and its not in my name yet so they couldnt know anything on that one but they listed it in the violation. I also have a car with a car cover on it and strangely they did NOT list that one in their violation report. Hopefully I havent confused you,just trying to be detailed so you know everything so you can help me.FYI.. The Concord PD is a very corrupt PD. Lots of lawsuits & even a Chief was forced to resign a while back but they are not clean yet and now its my turn in their sick games which I never asked for. I greatly appreciate the help.
Robert
Expert:  Phillips Esq. replied 1 year ago.

If you are going to Court for code violation, the burden is on you to show to the Court that you are not liable for what the code enforcement is alleging. You have to show the Court that your vehicles are infact all registered.

Customer: replied 1 year ago.
The thing that I would be going to court for would be the restraining order against them.Im not suing them yet. They have issued fines without knowing anything and accusing me of doing something that I am not.If you get a ticket,a cop has to have had you on radar or paced you for a distance.If you get a ticket for no registration driving down the street there is proof of that because you have no current tags. For example,how do I prove that I do NOT have an automotive repair service that they are accusing me of? and remember my vehicles are on PRIVATE PROPERTY in a gated yard. There is a sign posted on my gate that says PRIVATE PARKING UNAUTHORIZED VEHICLES WILL BE TOWED with the towing co. name and police phone #. All of my vehicles run which they are saying that they are "in-operable and abandoned" . Are you saying I have to jump when they say jump?
Customer: replied 1 year ago.
Under each so called violation it says for example of the in-operable vehicles "Corrective Action Required""Please make vehicles in operable condition which located in parking stalls of the property" Then it names my vehicles. THEY ALL RUN. This is what is pissing me off. Who says I have to start my car or truck just because a code enforcement flunky says I have to? who makes them an expert that they can look at ANY GIVEN vehicle and say it doesnt run? This is part of what I am trying to explain on how they are harassing me.
Expert:  Phillips Esq. replied 1 year ago.

At this time, I will opt out and give another Attorney the opportunity to further assist you.

Customer: replied 1 year ago.
Hello,
? Is this because you are not familiar with circumstances like this? I see you charged my card another fee today so hopefully this is not a game on how you get money from people. Im not accusing you I just find it quite a coincidence you decided to pass this on on the same day.
If you dont know this type of law thats ok. I really need someone that knows all of this for sure,but I do expect correct legal answers since I have paid for this service.
Thank you for what help you have given.
Robert
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as your previous contributor had to leave.
First of all, before you can sue the city and Code Enforcement and the Code Enforcement inspector for harassment and violation of your civil rights, you must fight the violations in court. It is not illegal for you to have the plates removed from your vehicles on your private property and not on public roads and streets. It is not illegal for the police to check the DMV records for vehicles in your name or to try to check the VIN on your vehicles though, they have a right to check those things.
However, it is harassment and also a possible civil rights violation for them to issue false citations for non-existent violations. This is what you need to go to court on first. You need to fight the violations and prove they are improper violations and have the court find you not guilty on them and once you do so, then you can file suit against the CE and CE inspector for violating your rights and also for harassment and at that point you can file for an injunction to prevent them from issuing these harassment type of violations.
You will need an attorney, as the previous expert stated above, to pursue the claims and can indeed find one at one of the sites provided by the previous expert.
Customer: replied 1 year ago.
Hello,
I have asked Hiway Patrol about running someones plates or name while on private property just because a cop wants to and they said they cant do that unless a crime has been committed. Also asked the Sheriff Dept and they said the same thing. I would also like to add that they have NEVER asked for my registration or asked me to start any of my vehicles. Their words have always been "you have to have license plates on your vehicles" . Interesting enough, I have not found any law in the California DMV code that says plates must be mounted on a passenger vehicle while parked on private property. This is my argument with them and I think it irritates them that I am right so they decided to throw random violations at me to try and strong arm me. When I go to court for the harassment restraining order,cant I stick to the subject of that there is NO LAW saying I or anyone has to have plates on vehicles on private property without it going any further than me asking or the court asking the CE to show me where the law says otherwise? Im saying this because I know if you start rambling about too much it leads to other areas and wastes time which then upsets the judge. I want this to be straight forward and done asap.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They can do so for investigation, they cannot run it just because they ask. Actually, when I worked with a major law enforcement agency, officer routinely ran vehicle checks, even on private property, it is not illegal for them to do so.
There is a law about mounting license plates on a registered vehicle. Section 5200 of the Vehicle Code states:
5200. (a) When two license plates are issued by the department for
use upon a vehicle, they shall be attached to the vehicle for which
they were issued, one in the front and the other in the rear.
Also Section 5201:
5201. (a) License plates shall at all times be securely fastened to
the vehicle for which they are issued so as to prevent the plates
from swinging, shall be mounted in a position so as to be clearly
visible, and so that the characters are upright and display from left
to right, and shall be maintained in a condition so as to be clearly
legible.
So if the vehicle is legally registered, they "shall AT ALL TIMES" be fastened to the vehicle. It does not say any exemption.
Customer: replied 1 year ago.
Hello,
You cut the sentence short and stopped at all times. In full it reads "5201. (a) License plates shall at all times be securely fastened to
the vehicle" for which they are issued so as to prevent the plates
from swinging, shall be mounted in a position so as to be clearly
visible, and so that the characters are upright and display from left
to right, and shall be maintained in a condition so as to be clearly
legible. "
This has to do with when the vehicle is being driven on a road. How can a plate "swing" when its parked? This also has a fine of $197 when caught driving on a public road or hiway. They did not issue me a fine for that because they cant, Most if all CVC codes have to do with when you are driving your vehicle legally or illegally. This is starting to sound like our 2nd Amendment interpretation from the people who dont like guns and are trying to take them away from us. There is no law that clearly states that you cant take your plates off when not driving them. If there was then we could find it. Hiway Patrol says the opposite of what Concord CE is trying to push so which is it? Even if I bring my plates and registration to court to prove them wrong,how can they connect these with the vehicles without seeing the VIN #'s ??? See where this is leading? There is a Privacy law that exists. If you are driving on the road there then is no privacy because of the rules of the road,but parked on your private property is my total argument on this.
I dont think you are a real lawyer. I dont know your name or your attorney bar license number. See how that sounds? And if I ask you this do you have to tell me while you are answering my questions over a computer screen? I dont even know if you are just Googling things like I have been.
Just trying to make a point.
Looks like its time to put all of my vehicles in an LLC so my name doesnt come up on anything when they illegally look into my DMV files.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I cut the part out because it is not part of the pertinent part of the statute. The part of swinging is an explanation, but the fact is that the law does not say "only when being driven on the road" it says "at all times" (just making a point, as you want to say).
You want to go to court with this, you can do so, you cannot sue anyone until you win your case in court. I provided you the law they are going to cite to you and you can go to court and argue it, but if your vehicles are registered, it has to have a plate and nowhere in there does it say "only when on the road" as you claim. You also conveniently ignore Vehicle Code 5200.
If you want someone to agree with you and tell you what you want to hear, please go speak to one of your employees, because an attorney is not going to tell you what you want to hear unless you omit facts or lie about your facts.
Customer: replied 1 year ago.
Then explain or answer why they cant give me a "ticket" for not displaying my plates or registration tags? They are accusing me of not being registered. If you drive an unregistered vehicle on the street you get a ticket. If you have only 1 plate you get a ticket. Im sure you can tell this is at the leats a frustrating issue and you being an attorney as you claim you seem to be hopping around my questions and referring to a CVC about how plates are to be displayed, which also seems to refer only to when being driven or parked on a road. Lawyers argue cases all the time over "grey" areas of the law. A good defense lawyer gets a person off or charged with a lesser sentence because of a grey area of the law or technicality. Never asked you to lie.I havent broke any laws. Code enforcement harasses people all the time because they think they are cops or have a power trip thinking they are a cop. Not all CE's are that way but I will definately tell you we have some bad apples over here. I have witnesses and recordings of them threatening me to prove it all.I need out right facts or CVC law that says what it what.
What is your specialized area of law that you practice? Maybe you are not the best help for my problems I am having? Are you licensed? What country are you in? Can I look you up to know I am talking to a real attorney and not someone still in law school?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
First off, I am licensed in 4 different states, I have been practicing about 30 years. I was a former District Attorney, counsel for a major metro police agency, defense attorney and now I do civil rights, trusts, estates and corporate law cases. Second, because of privacy concerns and because the site does not want customers hiring experts from this site off the site and because state law prohibits us from representing anyone they do not release names, but if you click on the "verified" by my name you will see that my bar membership as indeed been verified.
They are not giving you a "ticket", but they are sending you a summons to make you appear in court, which is the same thing as a ticket.
I am not saying, never have said, that you are not being subjected to harassment from code enforcement. I also provided you with the CVC that says plates SHALL be mounted AT ALL TIMES and nowhere does it include the clarification or specification that it means "while on a road or street." However, you also have mitigating factors here if you provide the court with proof of the thefts from your yard which led you to removing the plates.
Code enforcement "harasses" people all the time, you are right and they do so for different reasons. Sometimes they "harass" people because the people have caused them problems or have been rude to them or uncooperative. Sometimes they harass people because they have a superiority complex (they want to play cop). Sometimes they do it just because they are jerks and have it out for certain individuals or businesses. Whatever their reason for harassment, if they are writing people up for valid alleged violations and not fabricated alleged violations, they cover themselves from suit for civil rights violations. Under CA state law, the CE who is engaged in lawful performance of their duties (writing for valid alleged violations, not fabricated ones) is exempt from suit under the qualified immunity laws.
So, you need to attack them on the charges they bring against you in court. But there is a CVC that says all registered vehicles must display a license plate, which I provided the code numbers on above, so you need to attack this based on the mitigating factors of thefts if you leave the plates on overnight on your property and supporting your contentions of those thefts with police reports would get the citation dismissed.
If you get this dismissed together with the other improper violations you claim, then you have basis to show your claim of a pattern of harassment to consider suing them for the harassment.
Customer: replied 1 year ago.
Hello,
Ok it looks like we are finally getting somewhere. Your answers are seeming more complete. I will go to what I will call the "next phase".
In addition to CE harassing me about my vehicles, CE was brought in by a complaint by the Central Sanitary District,( sewage treatment plant) .They wanted to come in and look at my toilet. They monitor businesses like... Photo labs, restaurants, chemical laboratories,auto body shops, auto service repair shops,machine shops,etc. Heres my question and position : I do NOT have any of what I mentioned as a service repair shop,body shop,lab,etc. When I let them in my building to see this,where are they confined to do their inspection? My bathroom,my sink, etc. and not my offices? I have 2 adjoining wall units with separate PG&E meters. 1 side is my "mom & pop" retail business and the other side is personal private storage. Do I only let them in my business unit because that is what they claim they do their inspections on? Or do I also let them in my personal private storage building too? Their paper work only pertains to businesses and not personal areas or personal buildings. If you need codes that they have I can give them to you. I have read all of it and all of it pertains to businesses. Somewhere someone listed or gave wrong info that I have an automotive service repair shop and or body and paint shop.
Robert
Customer: replied 1 year ago.
I think I forgot to mention this all has to do with storm drain drainage and sink drains & toilets to make sure no one is disposing of hazardous waste or liquids being flushed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
When you let them in to inspect, all they can inspect is the plumbing, they do not have power or rights to inspect anything else. They cannot look through your papers or files or the rest of your business. They can look at pipes and drains and toilets and sinks and showers (anything plumbing). If you deny entry, they could go to their director and obtain an administrative warrant to inspect and I do not know why they have not done so, but their inspection is confined to the area under their authority, the plumbing/drains.
Customer: replied 1 year ago.
Hello,
It all seems strange to me why they have threatened a warrant 2 years in a row but never got one. My thought is I know warrants need probable cause and not just suspicion. One thing I noticed in what I will call in my words their "Bi laws" . Rights of Entry 10.12.080 ......
38
10.12.080 Rights of Entry
.
The District has the right of inspection of
the facilities of any user to ascertain
whether the objectives of this Ordinanc
e are being met and all standards and
requirements are being complied with. Pers
ons or occupants of premises where
wastewater is generated or
discharged, or where hazardous
substances or hazardous
wastes are present, shall allow the District
or its representative
ready access at all
reasonable times to all parts of the premises
for the purposes of inspection, sampling,
taking photographs to document
conditions, analysis, records examination and copying,
or the performance of any
of his/her duties. The
District, or its authorized
representative, accompanied by
such other representatives of
other public agencies as
may be appropriate, shall have the right to set
up on the user's property such devices as
are necessary to conduct sampling inspection,
compliance monitoring, and/or metering
operations. Where a user has
security measures in force which would require proper
identification and clearance bef
ore entry onto their premis
es, the user shall make
necessary arrangements with their security guar
ds so that upon pres
entation of suitable
identification, personnel from
the District, along with other
authorized representatives,
will be permitted to enter, without delay, for
the purposes of performing their specific
responsibilities. Such inspection(s) shall be made with t
he consent of the ow
ner or possessor of
such
facilities or, if such consent is refu
sed, with a warrant duly issued pursuant to the
procedures set forth in Title 13 (commencing
with Section 1822.5) of
part 3 of the Code
of Civil Procedure; provided, however, that
in the event of an emergency affecting public
health or safety, such inspection may be
made without consent or the issuance of a
warrant. To the extent that the owner or
possessor of the premis
es requires that a
warrant be obtained, t
he District may, in its discretion,
suspend the permit and/or any
other right to discharge to sanitary fac
ilities immediately, and such suspension may
continue until such time as a warrant
has been obtained and the inspection has been
completed. If no violations of this Or
dinance, the District Code or the permit, if
applicable, are found, the
suspension shall be lifted. In the
event that violations of this
Ordinance, District Code, or the permit, if ap
plicable, is found, then the suspension may,
in the discretion of the District, be cont
inued or terminated, or
other enforcement
remedies may be sought.
The District may choose to inspect the
facility to determine compliance with all
standards set forth in this Ordinance, the
District Code, and permit, if applicable, and
additionally, such inspections may be undertak
en to verify the wastewater flows and
strengths reported by the discharger.My apologies for how the copy and paste came out. My understanding about the said warrant is for businesses that already have a permit for said types of businesses? Where it says they "will under discretion suspend the permit" . I dont have any permits and do not need any.
If I dont have to let them in I wont. Im not hiding anything or doing anything illegal. You can see with what I started asking with my questions on that this has been an ongoing issue. I have discovered with my own research that the new property management are the people that triggered all of this. Theres too much to tell you on how I found out it was them just take my word for it. One of the first things they said when they introduced themselves is that Im paying very low rent and have been trying to raise my rent the whole time for and threatening me with 30 notice to vacate letters for 2 years having to do with the CE harassment. Under duress,they made me move all of my company vehicles and pay a bogus fine or else I had to move out of my building which I cant afford to do.
What do you think?
Robert
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It is likely because their director does not want to be bothered or they do not want to go through the work of applying to their director for one.

If you do not need a permit, they cannot hold that over your head. Legally you do need to allow inspection for the wasteflow as it states though and their inspection is limited to those issues under their jurisdiction.

Customer: replied 1 year ago.
Hello,
So their jurisdiction is the toilet and sink only correct? They made a comment once about them looking for floor drains in my warehouse. There are NO floor drains in the entire 30,000 ft building. Warehouses dont have floor drains as photo labs, repair shops etc. obviously dont have floor drains. If they try to push that I'll tell them to pound sand and go get their warrant.? Then if they are successful in retaining a warrant,then what civil rights of mine are they infringing on when they dont find what they are looking for? As far as I know you need probable cause with evidence,not just circumstantial evidence or suspicion because you think you are a psychic.
I had a pretty long message to you and received a short answer and dont feel every detail was answered. It would save time for both of us if I can get detailed answers like your previous answer. If you have the experience on who you say you are then you should understand my position.Robert
Customer: replied 1 year ago.
Also what about the warehouse section next to me that is NOT part of my business? Its personal private storage and has its own unit # ***** PG&E meter. My business address on my business license is not the address of my warehouse section. The "rights of entry" seem to set "business" as a category for their inspections and nothing more. They dont go house to house or building to building trying to inspect. Only select types as I mentioned before.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Their jurisdiction is the plumbing, which could include the floor drains because wastewater can go through there. They can look in your business, if that is not part of your business they cannot look in there.
Customer: replied 1 year ago.
Hello,
Ok. So to get this straight,they cant accuse me of having floor drains when they have no knowledge of any and they are not allowed in the personal private storage because it is not part of my business. In addition if I didnt mention,there is not a bathroom, sink, toilet or any running water or plumbing in that unit. Im just trying to cover all of my bases so I hope you understand my concern in having all of these detailed questions having verified answers from you.
What should I tell them or what should my answer be to them if they try to push the issue of wanting to look in the personal private warehouse unit? A straight up no can be taken but wondering how far they might want to push the limit of what is legal and not legal thinking they will try to take advantage of what they think I dont know. Most everything you have answered puts us on the same page but I know laws can be confusing and difficult in understanding when it is not someones expert field. You know law from what you are telling me and probably hold a few more belts. I have my knowledge in my various fields as an Electrician, body building & health and expertise in my classic car parts business and hobby.
I will set up an appointment for them to come in and view my toilet and sink and see how it goes and I will most likely ask a few more questions from now to then as I think of things.
Thank you,
Robert
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply
The more you go on with this, the more it will sound to an inspector not like you just want to protect your rights but that you have something to hide. The last thing you want is an inspector to think you are hiding something.
They can inspect the business and they can inspect all the plumbing in the business itself, if there are floor drains in the business, then they can inspect them. So before you invite them over, if there is anything that needs to be put away or cleared up in your business, then do that.
Furthermore, please understand something most customers do not know, the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
Hello,
Today I went to file my retraining order against the PD and CE. the "commissioner" , not a judge, denied it and told the bailiff to tell me to go get an attorney. WTH is going on? I have a valid reason because of harassment and threats from them and they ignore my civil harassment restraining order? I looked this up and found that a judge must cite a reason for denial of a restraining order. In the above questions I asked on Feb 2,2016 @ 3:30 your fellow attorney told me to file a restraining order , injunctive relief order to stop the harassment immediately,which I did. I was very detailed in filling out the paperwork. I didnt even get to see this commissioner in person.The bailiff took my paperwork in and we waited them brought it back out and said it was denied. So its looking to me like I need to file a $2 million dollar lawsuit to get this case noticed. In the meantime these effin pigs will continue to keep harassing and threatening me. Yah I called them pigs.At this point I dont give a shit.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They are not going to give you any restraining order until, AS I SAID ABOVE, you prove the actual case in court. If you want to file a harassment suit against them fine, file your suit and serve the defendants, but they are not going give you a restraining order against a government entity until you actually prove harassment in court.
This is what happens to people when they try to skip steps in legal proceedings. You have to fight the ticket first, like I said above, then file a harassment suit when you win on the ticket and if you win the harassment suit then you can ask the court for the injunction.
You went right for the injunction and that is why you were denied.
So, get an attorney that is a good piece of advice the commissioner gave you and go to court and win the citation case and then file a civil suit for harassment against the inspectors that keep coming out to harass you.
Again, I am not an employee of this site so I get nothing for spending time with you because you will not leave any positive feedback and our time is shortly coming to a close for that reason. Thank you.
Customer: replied 1 year ago.
Hello,
One big problem with this PD is that they are as corrupt as a $3 bill. There is an active investigation against the concord pd, the contra costa county district attorney ***** ***** (who used to be the mayor of concord and has been generously paid by the PD contribution of large sums of money so he does "favors" for them) ,the concord city attorney is dead as of october of an apparent suicide,which there is word that he was pushed having to do with bribery and corruption of a large land development project among other things, the police chief himself and 10 or more cops,concord city attorney are part of the cover up having to do with the murder of a 21 yr old kid. You might find all of this interesting to read about on your spare time to see what kind of people im dealing with over here. Look up Claycord.com. and look up Charles Burns murder by concord pd .The mayor ***** *****son and Mary Jo Rossi are also in a corruption case having to do with the same land project. That being said there arent too many options on who to go to with this. Every lawyer Ive called is not interested in the case.
My next idea connected with what you said about suing. Can I take the CE to small claims court and just stick to the accusations of the bs violations and ask them to show what proof they have and to show it all to the judge? When they cant do this then I ask just for the bs fines to be voided. Then I proceed to the harassment suit? I always thought a restraining order comes 1st which is to temporarily stop the harassment until you go to court to prove the harassment? How much time do we have left as you mentioned for the feedback?
Customer: replied 1 year ago.
FYI in case you forgot. The other legal guy on here told me to file that civil harassment restraining order.
Concord pd has a long history of corruption and lawsuits against them.The Charles Burns case is now in Federal court in SF,Ca.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The "other legal guy" was incorrect because you cannot get any injunction unless you win your case first on the ticket you received and you prove the ongoing pattern of harassment.
You cannot take them to court on any suit for harassment until you actually win the latest case and then you can file suit for harassment against the city and code enforcement using the fact you won the case as your evidence of harassment.
If you end up convicted of the ticket or charges against you it is not harassment. So you have to win your case first and then you can pursue a suit.
Customer: replied 1 year ago.
Hello,
Today the guy came and looked at my toilet and sink. He wanted to be let into my other unit and I told him it was personal private storage and not part of my business. He said he just wanted to make sure I didnt have any 50 gallon drums of oil overflowing or something like that. I told him there was nothing like that in there. We talked for a while about the situation and how Im being harassed and he said all he needs to do is take a peak inside. I set up another meeting for Monday because I told him I didnt have the time to show him right now. I wanted to ask this question to you again and I know what you told me about them being confined to the plumbing. Do I have to let this guy take a peak into my personal unit? I told him there was no bathroom,toilet,sink,drains or running water. The part about him saying he just wants to make sure that I dont have a bunch of oil spilled all over sounds fishy to me and I dont trust him. What should I do?
Robert
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If there are no plumbing fixtures in those areas, then he does not have a right to inspect anything, if he wants to look inside there to make sure there are no plumbing fixtures he has a right to do that.
Customer: replied 1 year ago.
Hello,
That looks like a contradicting answer to me.There is no plumbing and he has no right to look. I tell him the fact that there is no plumbing but he has the right to see if there is? I'll tell you something. All this guy did was walk into my bathroom and look. He then walked into the break room and looked. That was it. He didnt check for any oil residue or anything like they have been saying. NO testing equipment. NOTHING. He didnt do anything that looked like an inspection to me. This is looking like someone just wants to get their way and nose around my business to see whats inside for other reasons that I have no idea why except just as outright blatant harassment. Since when does a sewage plant person get to make an assumption of someone doing something that they are not and push their way into someones building and act like they can do wth they want? The guy tried to look into my office and I told him my dog was in there and he bites.He then decided to not go in there. I have another office and told him my son was in there sleeping,which he was so he didnt go in there. I have 3 storage closets. He asked what was in there and I said they were closets so he didnt go in those.He asks to go into my personal private storage unit and I tell him its my personal private storage and that answer is not good enough for him and he wants to just "take a peak". He wants to make sure I dont have any 50 gallon drums leaking oil onto the floor.??? Then tells me he will come back after this and check in every 5 years to see if anything has changed.????? He takes my word on the other rooms and closets but is being pushy about my personal unit that has NO PLUMBING whatsoever.
What if I just tell him to go ahead and go get his warrant? And when and IF he gets it he finds that I was telling the truth the whole time and finds NOTHING with his warrant? With all of this harassment my gut is telling me that he is only the eyes for someone else who wants to look for some other reason.
This email game is getting pretty frustrating by itself.
Robert
Customer: replied 1 year ago.
Hello,
I forgot to mention that CE mailed me ANOTHER violation citation that came in Saturdays mail. This one is same as the last. Cited me for 3 things that are NOT true. Abandoned inoperable vehicles again. Unregistered vehicles again,except this time he added 1 more of my vehicles that was NEVER mentioned in ANY of the previous violations.It has a car cover on it so they cant even give a description of it on the color make or model. It just says "vehicle under plastic tarp".Its NOT a plastic tarp its an actual car cover. The 3rd again says that , I QUOTE " REGULATION : Concord Development Code prohibits activities within the IBP zoning specifically include auto maintenance services,major or minor repairs,major or minor repairs auto body work,and the sale of used vehicles.This prohibition includes any establishment that provides repair,service,alteration,restoration,painting,cleaning or maintanence of automobiles,including the sale,installation and servicing of parts." CORRECTIVE ACTION REQUIRED : All activities are prohibited per IBP and PI zoning codes." END QUOTE.How the heck am I supposed to correct this 3rd one since I am NOT doing any of these things? My vehicles are registered and all run and drive. Like I said,they are blatantly harassing me. Purposely leaving out certain things so when I correct what they say I need to do,they add something else to make it like I am not correcting the violation and citing me to cost me more money.I have this CE guy recorded and I asked permission frmo him to record our conversation and he said yes. He says the only way to now get them to leave me alone is to move ALL of my vehicles OUT of the parking lot and says that I have to park them all on the street.My wifes car was also in our parking lot and they said she cant park there either. Here's a kicker on this one. My wife has a handicap plaque and can park where ever is closest to the entry of any public place of business when marked and or park at a parking meter without having to put money in the meter if no handicap parking is available. I have given you a ton of information on what is going on so maybe you can read all of my emails here again all in one. There is no avoiding the stress from this on my end. I am losing sleep,losing money at work because I get harassed weekly and I cant concentrate because I keep thinking about this sh*t over and over. Now their BS violation citations have built up to $783. If you can find me a lawyer to sue the living sh*t out of this police dept I will give you a finders fee. I have a video of last weeks BS inspection that shows the CE guy just walking in front of my vehicles and taking pictures. The video went on until he was done,got in his car, and drove down the street and out of my site. My video keeps rolling as I then walk to the rear of all of my vehicles and show the license plates with current registration tags. When they show up,they do NOT ask me to show them anything. They do not ask me to start anything.They do NOT ask to see registration. Absolutely NOTHING.
Lets see how good you are.If you are who you say you are with your experience, I should get a rock solid solution to this. So far everything you have said I already knew except for the order of what to file first. That info was not found anywhere I looked and the first guy on this site gave me the wrong answer as you said. I havent received any info from you that has helped me so far to get this to stop. If I move all of my vehicles before the next inspection date of this Tuesday and they stop,what would that show? This is what he said to me as to get this closed. I see no legal way that I should have to comply with moving vehicles related to and for my business,and whats to say about the 3rd violation I told you about? Im not servicing,working on customers cars and dont have a used car lot. If they close the complaint after I move the cars,is that in addition a way to show they are and have been harassing me? Just because I moved everything that means that the 3rd violation doesnt exist anymore? I cant seem to find a lawyer with any b*lls that will help me around here. They are scared of a police dept that has been sued several times and is currently being sued in Federal court for a cover up murder.
Prove to me that I can "Recommend this expert" and "Rate 3 stars or higher to credit the expert"Robert
Customer: replied 1 year ago.
I forgot to mention that my wifes car has NO plates on it because its a new car. is there a discrimination here just because her car is new and my are classic vehicles? They assume her car is registered and runs just because its newer? But still says she cant park in our lot but is NOT mentioned in their "list" of so called abandoned and unregistered vehicles.
FYI.... The registration on my wifes car was expired by 5 months we just found out 2 weeks ago. It had to do with the dealership where it was bought from so she didnt know it was due. Its now paid and in order and DMV didnt penalize her because they found how the mistake happened. Just adding this example to show what I see as a discriminatory action because of a newer car vs an older car. They arent checking anything. They are just on me like white on rice for some reason.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
There is NO DISCRIMINATION unless it is done ONLY based on your age/race/sex/disability/national origin. They have discretionary enforcement, but now they are writing what you allege to be false violations. We went though this already, you need to take those to court and plead not guilty.
As far as your operating an automotive shop as they claim, you say you are not, so you need to take them to court and fight the violations first and once you win the violations in court, you can file suit for harassment.
Customer: replied 1 year ago.
Which court do I start with. Small Claims? Besides the fact that they are now telling me I cant park in my own parking lot,you see nothing wrong with them telling my wife she cant park in our parking lot either? This drawn out email game seems that it just waisted my money and time. You havent told me anything that I can use against them for this harassment. Youre saying its totally ok to do what they have been doing. Anybody can take anybody to court for anything. When dealing with dirty crooked cops and a corrupt city I guess its ok for them to do what they want. I see now.
Expert:  Law Educator, Esq. replied 1 year ago.
Since you have wasted my time and now claim your time has been wasted, you will not be receiving any other answers from me. I can clearly see though the issue you are having with the city and why and you need to plead not guilty to the summons and go to court and tell everything above to the judge and you will get the justice you deserve out of all of this.
Good luck and thank you for wasting my time as I am not an employee of this site. Best wishes, but we are done as you have already gotten your money back from the site.