Legal Question in Real Estate Law in California
My dad has a contracting business on his commercial property. he has 14 single & double portables sitting on his partial bare land and other half of his land is a brick building structure where the shop and office is. the city is complaining that my dad needs to move his portable on a cement foundation and fenced in. why. the portables have his business name and his business name is on the brick building. why would he have to put them on a cement structure. the sit out on his partial open ground and don't bother anyone. they said people are complaining and the city council is complaining why. because they don't look "pretty" out there.
2 Answers from Attorneys
Without knowing more details of the city's grounds for the requirement, my guess is that you have a zoning, building code and land use issue coupled with a possible misunderstanding. Is your dad using the portables, or just storing them there for use on job sites? If he is using them, the city may be right. Many cities require portables that are in-use/occupied, to be set on foundations just like mobile homes. This is considered a safety issue. You can argue whether that makes any sense, but if it is the law, it is enforceable. The fencing is probably a similar issue, though perhaps not related to whether they are in use or not. Portables on commercially zoned properties are magnets for vandals, druggies, squatters, you name it. That is a burden on the local law enforcement. So they probably have a requirement that portables be in a fenced space if on commercial land, to reduce the ease with which unsavory types could make them a problem.
Cities generally cannot make demands based upon esthetic judgments. They can enforce zoning and building codes and other ordinances with a rational and objective basis. You or your father should get a copy of the zoning ordinance governing this particular parcel and see if you are in compliance; also, try asking the city to cite chapter and verse of the law or regulation with which you aren't in compliance. At some point, however, you may have to face the possibility of spending the money to comply. A local attorney with recent experience assisting developers, builders and others with "fighting city hall" in your town may be able to give you some insights based on personal experience and local connections.