Legal Question in Real Estate Law in California
I have 5 acres with mobile home in rural fresno county. My parents are retired and have an rv parked on property. We received a letter from. County telling us they cannot occupy an rv. There are many rvs in this unincorporated area how can we get around this. I help take care of them but they need their own space.
2 Answers from Attorneys
Getting around it is going to involve analyzing the local ordinances, including zoning, to determine whether there is an exception, a permitted nonconforming use, or special use permit that would allow it. You should be able to find local counsel who could assist you with this.
The starting point is to determine what the legal basis of the County's objection is....the letter probably will say that you are violating such-and-such ordinance. Is it a zoning violation, or is the complaint based upon some other law, such as a health or safety ordinance?
Once you have pinpointed the alleged violation, the next step is to see whether it can be cured. This may require knowing how the property is zoned, then looking up to see which uses are allowed, allowable with a variance or special-use permit, or downright forbidden.
Even though there are other RVs in the unincorporated parts of Fresno County, you need to know whether (a) the zoning is different, (b) the RVs are stored, rather than being lived in; or (c) whether other factors make them legal, such as (possibly) having permanent septic hookups to approved systems.
If some of the other RVs are "illegal" in the same way that your parents' supposedly is, it is possible that someone complained to the County about your parents' RV. Sometimes, counties wink at violations that are too commonplace to police, yet when someone complains, they have to get off their duffs and enforce the ordinance.
I agree with Mr. Roach that it would be better to consult with a local Fresno County attorney with some experience in real estate, particularly local zoning matters. I looked through the Fresno County zoning law on line, but did not find anything too specific about RVs except that they are supposed to be stored in the back yard behind a 5-foot fence, not on the street or in a front yard driveway. That's probably not much help, and there's probably more in the ordinances that I didn't find. A local lawyer would know.