Legal Question in Business Law in California

code enforcement

My husband owns a small carpet cleaning business. His machine & tools are kept in a 12ft. enclosed utility trailer w/o signage or decoration. After work it is backed into our driveway with the truck in front of it.We received a call from a city code enforcer that there had been complaints about the trailer & we were in violation of a code that states it is unlawful to park any ''recreational vehicle''in a residental zone. I read the code & it includes trailers that are used to haul animals, atv's etc. Nothing about business use. If we are cited- do we have a case to fight it?


Asked on 6/17/09, 1:56 pm

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

Re: code enforcement

Yes, I think you'd win on the trailer issue, but this may be a good time to make sure your business is compliant with other requirements such as a city business license, a fictitious business name filing if applicable. Also, is there any other code the city can cite you under, maybe operating a business from a home address? I don't know, but they might try to attack on another flank.

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Answered on 6/17/09, 2:12 pm
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: code enforcement

Your "12ft. enclosed utility trailer" probably does not fit within Palm Dessert's Ord. 10.96.010, defining "Recreational vehicle" to include "travel trailer". However, Palm Dessert's Ord. 10.98.010, re Parking prohibitions and restrictions for commercial vehicles may apply. Is your trailer 10,000 pounds or more? If not, 10.98.010(B)(1) would not apply, which might explain why they are trying to characterize the trailer as a recreational vehicle.

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Answered on 6/17/09, 3:11 pm


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