Legal Question in Administrative Law in California

Riverside County California, I am trying to find the legal definition for storage. We have 2 acres we have had trouble with Code enforcement regarding excessive outside storage. We were actually having a very BIG yard sale. We cleaned it up they signed off. 2 months later we wanted to have another yard sale. We started to get stuff out a week prior to the sale. CE showed up about exessive storage, told him we were having a yard sale, we are allowed 3 & this would be the 3rd this year. He agreed (verbally) to give us 5 days after the sale to put everything away. 2 days later another officer showed up, told her what the 1st one said, she said that he was wrong by saying that & issued a citation. Said if she spoke with the 1st officer and he admitted to saying it they would tear the citation up. I left a message for the 1st officer, never called me back. Day 4 after the sale the 1st officer posted a citation for excessive outside storage. By day 5 as agreed everything was cleaned up. The citation states that appeal rights are on the reverse side, the reverse side is blank. What really constitutes "storage"? The items in the yard were not being stored, they were placed out for the yard sale and then put away.

Can he give a citation before the date agreed to? Any recourse or are better off just to pay the citation? Still not sure if the 1st one was ever tore up. Thanks for any advice.


Asked on 8/16/09, 1:32 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Storage is defined and/or used with various meanings in the codes, usually in a sense showing that storage is the process or activity of taking care of someone else's property, for example, in a warehouse, or by a landlord carrying out its duties with respect to a departed tenant's property.

Storage, in the sense the county is trying to enforce, might be specially defined in the County Code.

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Answered on 8/16/09, 5:56 pm
Bryan C. Becker Your Lawyer for Life.

Riverside County has various code sections related to storage and they vary based on the zoning designation of your property. If timely, your fine may be appealed to the County Board of Superiors.

Best,

Bryan

Bryan C. Becker

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Answered on 8/19/09, 9:41 pm


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