Legal Question in Administrative Law in California

Is it legal for a city to impose a fine for a municipal code violation and not allow you to go to court to dispute the citation, they have imposed a $1,000 fine and said it had to be paid within 20 days or the late fee is 50%


Asked on 7/05/10, 1:15 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Oftentimes, one must "exhaust the administrative remedies" before challenging an administrative ruling - such as whether there has been a municipal code violation - in court.

I suggest you inquire often and loudly of the departments involved as to what your appeal rights and requirements are, and pursue them fully and quickly.

This nonsense is all a holdover from the days 1000 years ago when the king was sent by God and could do no wrong. The same mind set has given rise to the old saying "You can't fight City Hall." Well, of course you can, but all governments have made the pathway to suit full of sandtraps, detours, speed bumps, special rules and a few land mines.

Read more
Answered on 7/05/10, 9:55 pm
Terry A. Nelson Nelson & Lawless

You need to put in writing a demand for appeal and administrative hearing. If you still don't get satisfaction and wish to 'appeal' after that, you can file a Writ proceeding in court. Consult with local counsel for the legal help you'll need.

Read more
Answered on 7/06/10, 10:29 am


Related Questions & Answers

More Administrative Law questions and answers in California