by Samuel Emerson on March 2, 2019
posted in
Code Enforcement, Recent Court Decisions,
In a published opinion filed on February 26, 2019, the California Court of Appeal for the Second District upheld the use of super-priority liens to fund rehabilitations of residential properties under Health and Safety Code section 17980.7. At issue in City of Sierra Madre v. SunTrust Mortgage, Inc. was whether the trial court abused its discretion when it authorized the receiver to borrow $250,000, secured by a super-priority lien, to fund the remediation of residential property.
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tags:
Health and Safety Code, Lien Priority, Liens, Receiverships,
by Derek P. Cole on September 24, 2018
posted in
Code Enforcement, Recent Court Decisions,
“Anti-camping” and related “sit-lie” ordinances cannot be enforced against homeless persons who have no access to overnight shelter. As the Ninth Circuit Court of Appeals held on September 4, enforcement under such circumstances effectively criminalizes the status of being homeless, violating the Eighth Amendment’s prohibition on cruel and unusual punishment. The Court’s decision, in Martin v. City of Boise, will make it difficult for local agencies to enforce their “anti-camping” ordinances to the extent they did previously.
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tags:
Anti-camping ordinances, Homelessness, Martin v. City of Boise, Sit-lie ordinances,
by William R. Galstan on October 7, 2014
posted in
Code Enforcement, Public Nuisance,
You can see it throughout California—new residential subdivisions being built right up against farms that have been in existence for generations. The new residents, who thought it would be nice to look out over the open space provided by the farm, are now experiencing the realities of being a farm neighbor: noisy and smelly animals, early morning tractor and truck noise, flies, spraying, the arrival and departure of farm workers, etc.
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tags:
Code Enforcement, Complaints, Public Nuisance, Right to Farm,
