California Municipal Law Blog
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Code Enforcement

The United States Supreme Court Overturns the Boise Decision:  What This Means for California Cities

by Jillian Martins on July 3, 2024

posted in Code Enforcement, Recent Court Decisions,

Last week, the United States Supreme Court decided a case that overturned well-known precedent affecting the right of California cities to cite individuals for sleeping on public property.  This decision has significant implications for how cities may now address encampments and related code enforcement issues.  The Boise Precedent While there were a number of Ninth Circuit opinions which dealt with homeless enforcement issues prior to the now well-known decision in Martin v. Boise, the Boise opinion is widely considered to be a turning point in the ability of state and local governments ... Continue Reading

tags: Code Enforcement, encampments, Martin v. Boise, unhoused populations, United States Supreme Court,

“Right to Farm Act” Trumps Nuisance Abatements

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.  ... Continue Reading

tags: Code Enforcement, Complaints, Public Nuisance, Right to Farm,