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Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 7217
Experience:  29 Years In General Practice,
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Code enforcment is telling me its illegal to have chain link

Customer Question

code enforcment is telling me its illegal to have chain link fence in san bernardino county so their making me take down my fence but i have dogs an i want to put up kennels for my dogs an surround my yard with kennels to form a gate so i can have security just like every one else can i legally do this is there a law against having kennels for dogs is there a limit can i legally have as many as i want ?
JA: What state are you in? It matters because laws vary by location.
Customer: california
JA: Has anything been filed or reported?
Customer: yes i have gotten a ticket already
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats another thing im a tenant not a owner i was never given a copy of the citation my land lord wont give me a copy an refused to take my rent until i paid a 700 ticket so i paid it can they legally do that plus i requested code enforcement to give me a copy of the ticket but they whited out the whole thing except the part about the gate as all the other parts of the ticket was fixed yet i was still forced to pay it every body is telling me they all start out as fix it tickets but im being treated different im not being giving a chance to fix things i beleive its my crooked land lord pulling strings with code enforcement how can i get a copy of the whole ticket an shouldnt i be given a fair chance just like any one else do they really have the right to treat me different
JA: When we are ready I'll take you to the appropriate web page.
Customer: thank you
Submitted: 5 months ago.
Category: Legal
Expert:  Legal Eagle replied 5 months ago.

Hello! My name is ***** ***** I am a California attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 5 months ago.

So it's a little strange that you're being asked to take it down. Section 84.04.090(3) says:

Animals may be maintained by a fence at least five feet high and made of either chain link, wood with horizontal members no less than 6 inches apart, solid masonry or other appropriate solid screening and confining materials.

Expert:  Legal Eagle replied 5 months ago.

You can click here to view the code. So, in your case, the fact that you had to take it don is a bit weird considering it does not appear to be against the law at all to keep your animals there.

You may want to consider just writing a demand letter. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). You could send this letter to the landlord to demand that you be provided information regarding additional fees that you are being required to pay.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Customer: replied 5 months ago.
how do i get a full copy of the ticket
Expert:  Legal Eagle replied 5 months ago.

You can take a photo with your phone and upload it, you can upload it as an attachment if you are at your desktop computer.

Customer: replied 5 months ago.
an do they have the right to ticket me but give other people a fix it ticket this seems illegal to me is there anything i can do? also the copy of the ticket they did give me said only 100 was owed but my land lord forced me to pay him 700 what can i do ?
Expert:  Legal Eagle replied 5 months ago.

Those are good questions. Usually, for citations such as those, there is going to be information on them that allow you to submit an appeal or some other type of document to contest the ticket. It usually goes to an appeals board and they review them. You can type up the reasons why you believe the citation was inappropriate and use the document that I provided to you earlier (click here) as the basis for your argument. Additionally, what you can do is send a demand letter to your landlord explaining that unless he/she can provide evidence that you are to owe much more than the stated amount, then you will not pay anything above that.

Did you have any follow up questions?

Customer: replied 5 months ago.
but i dont have a full copy they sent me a copy via email but they white outed the majority of the ticket something stinks here why would they do that it seems like a scam is going on i need a site wgere i can see the whole ticket
Expert:  Legal Eagle replied 5 months ago.

I see what you mean. Try using that demand letter I sent requesting a copy of the full citation. Don't pay anything until then.

Customer: replied 5 months ago.
i cant appeal what i cant see i havent seen the whole ticket that my question where can i get a copy of the whole ticket code inforcement is playing games with me they wont let me get it
Expert:  Legal Eagle replied 5 months ago.

I'll be frank; this is the first time that I have dealt with this situation. Usually, it doesn't make sense for the city/county not to provide you with the necessary records. One moment while I generate an option...

Customer: replied 5 months ago.
but heres the problem if i dont pay they dont accept my rent then i get a 3 day notice i have kids i gotta keep a roof over there head
Expert:  Legal Eagle replied 5 months ago.

I understand. Keep in mind that if you don't leave, your landlord has to go through the courts to try to get you out through the unlawful detainer process. You aren't required to leave after 3 days. The landlord would then have to prove to the court that a) they couldn't accept your rent; b) that they required $600 more than was owed for the ticket; and c) that it was reason to evict you.

Expert:  Legal Eagle replied 5 months ago.

I can't find any authority that grants you a right to review this ticket. You will probably have to keep fighting with the government to get a copy and don't let them be coy about it. You should not pay any fines until you get proof that they are owed. Any eviction because of that is strictly unlawful.

Customer: replied 5 months ago.
if they try to evict me an we end up in court an i lose how many days will i be given to move my stuff out
Expert:  Legal Eagle replied 5 months ago.

Good question. It depends on when the landlord even decides to file. Usually, there is a high probability that you have a least a month before you get a decision by a judge, but that if it's moving at light speed.

Expert:  Legal Eagle replied 5 months ago.

In that process, there is something called "discovery" where you can request from the landlord that ticket or even subpoena the county/city to give you a copy of the citation.

Expert:  Attorney2 replied 5 months ago.

I am a different Attorney and it will be my pleasure to assist you. I see two issues in your question. The first is the alleged violation of code that can be appealed. You are not the owner which creates an issue. The second issue is the eviction. Do you have a lease? This sounds like the landlords is not permitting you to cure the alleged violation by not providing you with a complete copy of the citation. Further, even if you receive a three day notice the landlord MUST go through the court procedures to remove you from the property lawfully. You have the right to your day in court and the Judge can require the Landlord to provide the citation information.

You will have three days if you agree to leave. If you do not you have time for a all of the legal procedures to be performed and then the landlord needs a court order.

Expert:  Attorney2 replied 5 months ago.

This links sets out the process and the tenant's defenses. http://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-california.html

Expert:  Attorney2 replied 5 months ago.

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.

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