Legal Question in Real Estate Law in California

Re: Use of recreational vehicle as a residence on property zoned for one home only

On reading your question, several somewhat unrelated concepts came to mind. I'll mention each of them. Maybe all together it will give you a picture of where you might stand and what you might do.

First thought. It's a well-established principle of law that just because some bureaucrat tells you that you can or cannot do something doesn't make it so. If the bureaucrat tells you it's OK to have an RV on the property as a full-time residence, and it really isn't, and the bureaucrat has made a mistake, you can't rely upon the mistaken advice. "....but your head inspector told me it was grandfathered!!!!" won't hold up in court if the head inspector was simply wrong in telling you that. It's the same with the IRS -- if they misinform you about a deduction, that's your problem, not theirs, and you can still be hit for interest and penalties.

The next thought is that, with some research, you should be able to find out who's really right here. You might be well advised to find a local land-use attorney, a specialist who works on local zoning and use-permit issues in your county regularly. Possibly you could do the research yourself. Part of the work is to locate the zoning maps and ordinances, see what your parcel is zoned for, and what uses are allowed always, and what additional uses are allowed with a use permit or variance. Another part of the research work would be to determine how the black-and-white of the zoning maps and ordinances are actually applied in real life; in other words, what do the words really mean.

When I say "zoning," I also recognize that your issue may not be a pure zoning matter, but may also or even primarily relate to other issues, such as septic regulations, building code, etc.

The demand regarding shutting off power raises the question as to whether the hookup was done with permits and meets code and local utility requirements, or whether it was done without permits and perhaps by unlicensed electricians. This is probably not something that can be grandfathered.

I would also note that just because something was grandfathered doesn't mean the county can never challenge it -- under some conditions, land uses that were previously okay can become unacceptable. This is usually the case where public health and safety issues are involved, or where the old use or practice was "slightly illegal" and the time, and is now more illegal.

My final suggestion is to talk to folks that can help you without sending you a bill for the help. In most counties, a discussion with the county supervisor that represents your district can often be helpful. The supe can explain the policy issues involved, and should listen to your side of the story and give you tips on how to deal with the bureaucracy.