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California Municipal Law Blog
category:
Code Enforcement

Health and Safety Code Receivership Super-Priority Liens Upheld by Court of Appeal

by on March 2, 2019

posted in Code Enforcement, Recent Court Decisions,

In a published opinion filed on February 26, 2019, the California Court of Appeal for the Second District upheld the use of super-priority liens to fund rehabilitations of residential properties under Health and Safety Code section 17980.7. At issue in City of Sierra Madre v. SunTrust Mortgage, Inc. was whether the trial court abused its discretion when it authorized the receiver to borrow $250,000, secured by a super-priority lien, to fund the remediation of residential property.  ... Continue Reading

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tags: Health and Safety Code, Lien Priority, Liens, Receiverships,

Court Rules Enforcement of “Anti-Camping” Ordinance is Unconstitutional When Homeless Persons Lack Shelter

by on September 24, 2018

posted in Code Enforcement, Recent Court Decisions,

“Anti-camping” and related “sit-lie” ordinances cannot be enforced against homeless persons who have no access to overnight shelter.  As the Ninth Circuit Court of Appeals held on September 4, enforcement under such circumstances effectively criminalizes the status of being homeless, violating the Eighth Amendment’s prohibition on cruel and unusual punishment.  The Court’s decision, in Martin v. City of Boise, will make it difficult for local agencies to enforce their “anti-camping” ordinances to the extent they did previously.  ... Continue Reading

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tags: Anti-camping ordinances, Homelessness, Martin v. City of Boise, Sit-lie ordinances,

“Right to Farm Act” Trumps Nuisance Abatements

by on October 7, 2014

posted in Code Enforcement, Public Nuisance,

You can see it throughout California—new residential subdivisions being built right up against farms that have been in existence for generations.  The new residents, who thought it would be nice to look out over the open space provided by the farm, are now experiencing the realities of being a farm neighbor: noisy and smelly animals, early morning tractor and truck noise, flies, spraying, the arrival and departure of farm workers, etc.  ... Continue Reading

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tags: Code Enforcement, Complaints, Public Nuisance, Right to Farm,