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Fined by the County for parking trailer in driveway

Started by kimrb266, Jul 27, 2006, 10:39 PM

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kimrb266

A couple weeks ago an LA County Code Enforcement official cited us for parking our PUP in our driveway.  I asked him what was up, that our trailer has been on our driveway for 3 years with no problems.  He said that we had to be 26' from our garage and we were 21'.  I counted 18 other violaters within a couple blocks of us.  I thought we were being fingered but later found out that everyone in the neighborhood was cited.  Our local  LA County representive told one of our neighbors that this particular code hasn't been enforced for many years and that it's outdated.  He also stated that there isn't enough storage facilities to take in all the RV's out there.   They evidently had a new hire who wanted to prove himself so he decided to take the easy way to put a notch in his belt and in doing so made LOTS of people mad.
 
Before he officially fined us, I told him that we were going to sell our tailer so it wouldn't be there for a great length of time but he filled out his paperwork anyway, took his picture to prove that he left it on our door and went on his way.   Now, how are we going to sell our trailer without parking it on our driveway?  We aren't going to the storage facility, by the way, we now have $100 less a month, and take it home and popup for everyone who wants to take a peak.  This is a pain.  We are out $1,200/year when we have a perfectly good place on our driveway to store it.
 
Sorry for the ranting and raving.

AustinBoston

Quote from: kimrb266A couple weeks ago an LA County Code Enforcement official cited us for parking our PUP in our driveway.  I asked him what was up, that our trailer has been on our driveway for 3 years with no problems.  He said that we had to be 26' from our garage and we were 21'.  I counted 18 other violaters within a couple blocks of us.  I thought we were being fingered but later found out that everyone in the neighborhood was cited.  Our local  LA County representive told one of our neighbors that this particular code hasn't been enforced for many years and that it's outdated.  He also stated that there isn't enough storage facilities to take in all the RV's out there.   They evidently had a new hire who wanted to prove himself so he decided to take the easy way to put a notch in his belt and in doing so made LOTS of people mad.
 
Before he officially fined us, I told him that we were going to sell our tailer so it wouldn't be there for a great length of time but he filled out his paperwork anyway, took his picture to prove that he left it on our door and went on his way.   Now, how are we going to sell our trailer without parking it on our driveway?  We aren't going to the storage facility, by the way, we now have $100 less a month, and take it home and popup for everyone who wants to take a peak.  This is a pain.  We are out $1,200/year when we have a perfectly good place on our driveway to store it.
 
Sorry for the ranting and raving.

Most (not all) ordinances like this are not enforcable (i.e. meaningless) at the city/county/ward/borough/precinct level.  They can tell you that you can't park it in the street or put a time limit on parking it in the street, but your property is yours, and if you choose to park a vehicle there (yes, your your trailer is a vehicle) you can.  The ordinance may be "out of date" because it's been overturned, and that his supervisors gave him an outdated code book.  I would fight it.  Let the overzealous rookie discover that his attempt to make a mark has made a black one for him.

Also, your neighbor is right.  There is such a thing as fair warning.  You can't just pull an old rule out of a book and start enforcing it.

Certain types of communities (such as gated communities) can have any rule they want, but that doesn't mean the members can't overturn the rule.  Another way a rule like this could be enforced is through deed covenants, but even those sometimes get overthrown when challenged.

Austin

whyrlygig

Things just like this are happening here in Minnesota alot more these days.  All of a sudden people are being ticketed all the time.  It has been an issue on the "talk stations" a few times this summer.  Seems like it is usually the motor homes and boats that they are talking about.  Here in our city it OK to use the driveway but nothing motorized is allowed on an unpaved surfaces.  We sold out boat because we were tired of paying to store it and bought a pop-up instead that fits in our extra parking space.  Gee, we'd be POed if they suddenly decided to change the codes here and we were back to square one.

Shawsee

This damn country of ours is turning more Communist every damn day! Free country my ass! They charge you property taxes and you cannot even do as you please with your OWN property. If your pup was curbside I could see their point, but parking it in your OWN damn driveway, and then they write you up is pure BS, and Communist at it's best. I would get together with "ALL" your neighbors and contact the news media and express your disgust with the city. DO NOT let them get away with what little rights we have left. Contact news stations and radio stations and get the word out and see if  something doesn't change quickly, legislative jerks hate publicity.

Sorry for my morning rant folks but thats BS what they are doing.

beacher

Quote from: kimrb266A couple weeks ago an LA County Code Enforcement official cited us for parking our PUP in our driveway.  I asked him what was up, that our trailer has been on our driveway for 3 years with no problems.  He said that we had to be 26' from our garage and we were 21'.  I counted 18 other violaters within a couple blocks of us.......

I live at the very Southern edge of Los Angeles County, (across the flood control, is Orange County).  So I'm very interested!!!

Do you mean 26' or 26"?  Feet or Inches?  VERY, VERY, VERY, few homes in Los Angelus County have driveways that are even 20 feet long!  If you had to park 26 feet from the garage, most people would be in the middle of the street!

What is the exact County Code that you were written up for?

I'd ask to speak directly with that person's direct supervisor to verify what is going on, and if they indeed had the authority to write up a violation.  Unless they took a picture, with a calibrated measuring device, they can't proove that you were parked in violation.  Feet or inches!

Check the mailing address on the citation, it could be a scam!

kimrb266

Thank you guys for being on my side.  The trailer must be 26' from the garage and like I said earlier, we are 21'.  We added 2'+ to the width of our driveway so we can still use our garage.  We have the 05 Niagra so it's 17'+ long including tongue.  We can get out of our garage during an emergency with no problem so what's the big deal.  I have attempted to contact our elected officials office but haven't been able to get ahold of him.  The 1st time I missed his call and he hasn't returned my other messages.  I'm going to leave another message and tell him that I don't appreciate him not calling me back.
 
Now, how are we to sell our trailer if I'm not allowed to park it in my driveway?  Good question huh!  Do I bring the potential customer to the storage yard, pull out our trailer so we can popup to show it and then pop down when done.  This sounds stupid to me and tacky to the potential customer.
 
I'll keep you abreast of the situation.
 
Oh, btw, I believe that the ordinance excludes motorhomes because they can be driven way.  I've seen boats and motorhomes completely blocking driveways and to me, that's a problem.
 
 
Quote from: beacherI live at the very Southern edge of Los Angeles County, (across the flood control, is Orange County). So I'm very interested!!!
 
Do you mean 26' or 26"? Feet or Inches? VERY, VERY, VERY, few homes in Los Angelus County have driveways that are even 20 feet long! If you had to park 26 feet from the garage, most people would be in the middle of the street!
 
What is the exact County Code that you were written up for?
 
I'd ask to speak directly with that person's direct supervisor to verify what is going on, and if they indeed had the authority to write up a violation. Unless they took a picture, with a calibrated measuring device, they can't proove that you were parked in violation. Feet or inches!
 
Check the mailing address on the citation, it could be a scam!

Camping Coxes

Kim --

We sold our last trailer to a family in Whittier and they wanted it specifically because they could park it in their garage because they said the city wouldn't allow it in the driveway.  But you said the county cited you, so you must be in the unincorporated part of Whittier.
 
I know in La Mirada, as long as a vehicle is attached to it, it can be parked on the street.  When we were looking for a house, we kept in mind the city's RV policy because we were planning to purchase a pop-up eventually.
 
We had a friend in Norwalk who had a motorhome they'd had in front of their house forever.  They always swept the gutter every week to keep it clean because they had a parking permit so they didn't have to move it for street sweeping.  Once they put a for sale sign on it, then they started getting tickets for not keeping the street clean.  Ridiculous!
 
Good luck.  Keep on the city and see if you can get a variance or something, even if it's temporary until you can sell it.  (By the way, friends are looking for a pop-up -- I'll let them know you're selling yours.)

kimrb266

Quote from: Camping CoxesKim --
 
We sold our last trailer to a family in Whittier and they wanted it specifically because they could park it in their garage because they said the city wouldn't allow it in the driveway. But you said the county cited you, so you must be in the unincorporated part of Whittier.
 
I know in La Mirada, as long as a vehicle is attached to it, it can be parked on the street. When we were looking for a house, we kept in mind the city's RV policy because we were planning to purchase a pop-up eventually.
 
We had a friend in Norwalk who had a motorhome they'd had in front of their house forever. They always swept the gutter every week to keep it clean because they had a parking permit so they didn't have to move it for street sweeping. Once they put a for sale sign on it, then they started getting tickets for not keeping the street clean. Ridiculous!
 
Good luck. Keep on the city and see if you can get a variance or something, even if it's temporary until you can sell it. (By the way, friends are looking for a pop-up -- I'll let them know you're selling yours.)

 
Thanks,  I'm hoping to get a copy of the full ordinance so we can see what the wording is and possibly make the necessary adjustments in its storage location.  What is so bothersome is that there are zillions of RV's, boats, and stuff in driveways all over the place, I know every city and county doesn't enforce these laws evenly or fairly, and fairness is all we ask.  Resonableness is also a key issue, neat, clean, not a broken down piece of junk, etc. seems fair for almost everybody I've talked too.

Sue Hardee

Quote from: kimrb266
Quote from: Camping CoxesKim --
 
We sold our last trailer to a family in Whittier and they wanted it specifically because they could park it in their garage because they said the city wouldn't allow it in the driveway. But you said the county cited you, so you must be in the unincorporated part of Whittier.
 
I know in La Mirada, as long as a vehicle is attached to it, it can be parked on the street. When we were looking for a house, we kept in mind the city's RV policy because we were planning to purchase a pop-up eventually.
 
We had a friend in Norwalk who had a motorhome they'd had in front of their house forever. They always swept the gutter every week to keep it clean because they had a parking permit so they didn't have to move it for street sweeping. Once they put a for sale sign on it, then they started getting tickets for not keeping the street clean. Ridiculous!
 
Good luck. Keep on the city and see if you can get a variance or something, even if it's temporary until you can sell it. (By the way, friends are looking for a pop-up -- I'll let them know you're selling yours.)[/QUOTE
 
 
Thanks,  I'm hoping to get a copy of the full ordinance so we can see what the wording is and possibly make the necessary adjustments in its storage location.  What is so bothersome is that there are zillions of RV's, boats, and stuff in driveways all over the place, I know every city and county doesn't enforce these laws evenly or fairly, and fairness is all we ask.  Resonableness is also a key issue, neat, clean, not a broken down piece of junk, etc. seems fair for almost everybody I've talked too.


Why are you selling your popup?  Would you want another kind of TT?

BootheBunch

We have an association....so we can't park in our driveway.  And, like Camping Coxes stated, we can be on our street with a vehicle attached...for 72 hours.  

So, we pay for storage, and it stinks.  I wish it fit into our garage!

Good luck!
Lisa

beacher

Quote from: kimrb266..... I'm hoping to get a copy of the full ordinance so .....

What is the ordinance number that was written on the citation that you recieved?

cjpoppin

Yes Kim why are you selling the high side......Are you getting a hybrid?  carol

popupcop

I finished my 23rd year of law enforcement today.  I have seen this type of thing several times and offer some friendly (but not lawyer) advice.
 
I cannot imagine that you have to pay the fine without first being allowed to have your "day in court."  The paper the officer gave you should have been a citation to appear or a ticket which included a number to call to set a court date.  



I suggest you get your court date, then get (and study) a copy of the ordinance including when it was enacted.  Let the judge decide after hearing both the officer's story and your story.  If the law is little used, the judge will likely realize it and dismiss the charge.   You may get an attorney but I'll bet you would be able to represent yourself.    



You could even get a few of the others in the neighborhood who received tickets to get a court date too. In Arkansas, it costs no more to go to court than it does to "just pay the fine and go on."   (I don't know if this holds true in California but if it does you don't lose anything but your time by going to court and you could be found not guilty where no fine will be assessed.)



Stick with the facts you know, don't ramble and don't verbally attack the officer or try to make him look bad. If his case is to fall apart, it is far more likely to do so from his own comments and not from anything crass you could add.  Believe me you will look much more like the victim in this case if you don't make any verbal assaults on the officer (No matter how big an idiot you believe he is).  



Tell the judge that you have made the driveway improvements and you believe your access to the garage is not compromised. Show him that you are less than five feet out of complaince with the law.  Take some pictures to prove your point if you can.



While going through this process, go ahead and work with your other ticketed neighbors to contact your elected representatives about "your concerns" over the actual law.  Work to get it amended or dropped.  Again, you do much better if you are articulate and cordial.  



From the tone of all your posts you sound like you have it all together so I'll bet this will be no problem for you.  



Let us know more when you get some information...