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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2236
Experience:  Experience in residential real estate and commercial leases.
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In my town, there is the following ordinance: 10-1.6

Customer Question

In my town, there is the following ordinance:
10-1.6 Declaration of Public Nuisance Conditions:
j. The accumulation or storage of junk, including tires, lumber, household appliances or parts thereof, inoperable vehicles, or parts thereof, furniture, sinks, toilets, cabinets or other household fixtures, equipment or parts thereof, rubbish, garbage, debris or salvage materials, which constitute visual blight and are visible from a public street, alley or adjoining property;I have cleaned up the property as requested, however, code enforcement and the zoning officer are demanding they have the right to access and inspect the entire property.Are they allowed to do this? It is a very old property and of course, would not meet current code requirements. I am very concerned. What rights do I have.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 7 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 7 months ago.

Are they wanting to come into your home or just check what is viable from the street or adjoining alley?

Customer: replied 7 months ago.
They have not asked to come into the home yet, just review the entire property, even what is not visible from the street.
Expert:  Attyadvisor replied 7 months ago.

They do have the right to walk the outside of the property based on the violation (that your have rectified) Personally I do not see why they need to come on your property either.

Having worked for local government I know that they can perform an on site inspection BUT they cannot go into your home.

They can also be very overzealous and I don't want you to incur any additional violations and I a suspect that this may be their true intent, t as I can tell that you are.

What I can do is provide you with a link for attorneys in your area that deal with land use matters and provide FREE consultations that would be able to contact the town and tell them that the situation has been rectified and if they are unable to see violations as stated in their own ordinance , (which constitute visual blight and are visible from a public street, alley or adjoining property;) this appears to be unnecessary and harassment. Which county is your home located in?

Customer: replied 7 months ago.
Clearlake
Expert:  Attyadvisor replied 7 months ago.

Thank you. Please give me a few moments.

Expert:  Attyadvisor replied 7 months ago.

This is a link for Attorneys in the area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/clearlake/california

California also offers legal assistance throughout the State at low cost as well as Pro Bono (FREE) Attorneys at http://www.lawhelpcalifornia.org/

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. Please let me know how everything works out.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

YOU DO NOT HAVE TO PROVIDE A NEGATIVE RATING TO RECEIVE A REFUND.

Expert:  Attyadvisor replied 7 months ago.
You do not seem to be happy with the service that was provided. Did you have any additional questions for me? The Attorneys only receive credit for their time and work if the customer rates us positively.
Expert:  J. Warren replied 7 months ago.

Hello I am a new contributor here to assist you with further information. Under 10-1.11 it would appear that if permission is not granted by the owner, an inspection warrant is necessary. These warrants are not difficult to get but is an additional step the code enforcement and zoning officer must take to access your property. I have attached the link below you may want to ask them why they are stating they have right to access? Yes they do but only with your permission and if not permitted an inspection warrant is required.

http://www.clearlake.ca.us/DocumentCenter/Home/View/98

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