Code Enforcement Officer...72 Hour Rule...

[Redbearded]

Hi All!

I've been waylaid back at my Moms for a while now as she needed some help when her assistant quit unexpectedly (~November...) and I seem to have upset a neighbor (don't know who as they haven't said anything to me) who keeps calling the Code Enforcement Officer in my local berg. I'm not living in my trailer, but I do want to have it close, so I move it about when someone has an open house or something nearby. Most of the neighbors are friendly and haven't voiced any concern to me about it, and a lot think the traveling thing is pretty awesome!  The one who has I told him anytime he needs it moved (provided someone doesn't block me in) I'm more than happy to scoot. 

I'm in Monterey County CA and the digging I have done tells me that they can't just tow it without cause. It's fully functional/registered and the sticking point on them having authority is if it is obstructing traffic or abandoned neither of which it is. I have some security cameras watching it from the house which makes me feel a bit paranoid that such a step would be required but better safe than sorry. The CVC is pretty black and white on what the rules are and the county ordinances seem to match up. 

I spoke to the CEO(Code Enforcement Officer) today and it was quite interesting to see the assumptions she made about me and my lifestyle, lol. I think she assumes I'm a bum and most likely quite dim to boot. She was saying stuff like 'you're still living with your mom' and 'don't you have a job', and 'so you went to college and are STILL paying loans' etc. She also made it seem like because of the location it made it so they enforced more because it is affluent... Needless to say, not my favorite person, though I would suspect the feeling is mutual... I was polite and asked what I could do besides moving it into storage or something similar as cash is a bit tight, she asked if I knew anyone with land where I could put it, I don't. That was about the end of the advice she had for me. I asked for clarification on how the 72-hour rule worked (i.e. how long I needed to move it for, how far, what to do when/if they flag it as possibly abandoned) she just kept repeating something nonsensical like 'it's the 72-hour rule'... It was less than helpful... 

I need to know that I'm following the law to the letter to avoid a dust-up with the CEO. What I'm having trouble finding is where their policies are at and what her playbook may be. I know I'm probably headed towards a pissing contest with her, but I really don't like bullies and she strikes me as a big one. She is the one who goes and breaks up anyplace homeless/downtrodden folks congregate and seems to be a real piece of work in making those peoples lives pretty miserable. I kept having a picture in my head of "I'll get you my pretty" while she was talking which makes me a bit nervous, I'm not sure what her ethics may be and given the job she has of kicking the downtrodden it gives me some idea...

Am I just being stupid? Should I just cave in? Advice is appreciated either way

 

[Redbearded]

Here is a link to the sheriffs office rules...
https://www.montereysheriff.org/vehicle-tips/abandoned-vehicles/
Suprisingly, the section about improperly stored personal property does not list any code sections which I find fascinating, lol.

Here seems to be a list from CHP as to the code sections for towing.

https://quizlet.com/202693311/22651-california-vehicle-codecvc-flash-cards/

 

[WanderingRose]

You might go into the city offices and ask for a copy of the 72 hour rule, which the enforcement officer should be able to cite verbatim.

Get a hard copy, and read it thoroughly.

 

[LoupGarou]

Where I’m at, one can park a RV at their residence, but it has to be on a pad and no one can be living in it. You need to research it some. Don’t go telling travel stories. Just stick to answering specific questions.

An electrical connection to the house is ok, but remove any water and sewer connections if you have them hooked up. You want the rig to appear as mobile as possible.

 

[highdesertranger]

sounds like you have run into a bureaucrat czar.

first off get a hold of this code officer's boss and report them for being uninformed about their job and for being rude. next demand to see the rule/law.

don' let them BS you.

highdesertranger

 

[Gr8ful]

Put a hitch lock, not ust a lock but the one that goes where the ball goes & a cheap motion detector on it. Answer their questions but no more, how did she know about student loans,etc?

 

[Cammalu]

I found this

https://monterey.org/Services/Parking/Rules-and-Regulations

It seems to me you just have to move every 72 hours.

I’d tape her next time she comes around.

I might even take a photo of my trailer every 72 hours so you have a record it has moved

Cover your ass.

 

[Redbearded]

Thanks for the replies!

Ways she could be less than honorable and tow me:

Issue up to 5 tickets and not give them to me (legally they can tow for 5 outstanding tickets)

Ignore that it has been moved then moved back (not sure how she would monitor this, but I have my camera watching the rig so this is less likely)

Open my waste water tanks and say it's a biohazard or something. (a bit far fetched, but I'm trying to be thorough)



Things I'm going to do:
Talk to a neighbor who lives down the street who is a sheriff deputy.
Find out what the rules are for them to flag the vehicle for abandonment and how they would tell about movement (the stickers, etc)


Other possible options:
Calling her boss.

Hitching up at night with my truck which has handicapped plates and should hopefully, make them think twice about towing.

Putting a notice on the trailer that it is under video surveillance.

 

[Redbearded]

Found some good info

Monterey County Sheriff Policy manual draft!
72-Hour Parking Violations
524.1 PURPOSE AND SCOPE
This policy provides procedures for the marking, recording, and storage of vehicles parked in
violation of the Monterey County Ordinance regulating 72-hour parking violations and abandoned
vehicles under the authority of Vehicle Code § 22669.
524.2 MARKING VEHICLES
Vehicles suspected of being in violation of the County of Monterey 72-Hour Parking Ordinance
shall be marked and noted on the Monterey County Sheriff's Office Marked Vehicle Card. No case
number is required at this time.
A visible chalk mark should be placed on the left rear tire tread at the fender level unless missing
tires or other vehicle conditions prevent marking. Any deviation in markings shall be noted on
the Marked Vehicle Card. The investigating employee should make a good faith effort to notify
the owner of any vehicle subject to towing prior to having the vehicle removed. This may be
accomplished by personal contact, telephone or by leaving notice attached to the vehicle at least
24 hours prior to removal.
All Marked Vehicle Cards shall be submitted to the Traffic Bureau for computer data entry.
If a marked vehicle has been moved or the markings have been removed during a 72-hour
investigation period, the vehicle shall be marked again for the 72-hour parking violation and a
Marked Vehicle Card completed and forwarded to the Traffic Bureau.
Parking citations for the 72-hour parking ordinance shall not be issued when the vehicle is stored
for the 72-hour parking violation.
524.2.1 MARKED VEHICLE FILE
The Traffic Bureau shall be responsible for maintaining a file for all Marked Vehicle Cards.
Parking control officers assigned to the Traffic Bureau shall be responsible for the follow up
investigation of all 72-hour parking violations noted on the Marked Vehicle Cards.
524.2.2 VEHICLE STORAGE
Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage
report shall be completed by the deputy authorizing the storage of the vehicle.
The storage report form shall be submitted to the Records Division immediately following the
storage of the vehicle. It shall be the responsibility of the Records Division to immediately notify
the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code §
22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications
System (NLETS)(Vehicle Code § 22854.5).
https://www.montereysheriff.org/wp-content/uploads/2016/08/Monterey_County_SO_Policy_Manual.pdf

CA state law describing their requirements for marking vehicles:
(a) Not less than 72 hours before the vehicle is removed, the peace officer or the authorized public employee has securely attached to the vehicle a distinctive notice which states that the vehicle will be removed by the public agency.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22851.3

 

[lenny flank]

 I think she assumes I'm a bum 

Sadly, that is the perception most people have of us -- that we are jobless druggie homeless people.

 

[Redbearded]

I thought about recording all future conversations with the CEO but CA would require me to notify her of it (which could go either way, frankly).
We also thought about having her on speaker phone and have my Mom listening as well and taking notes of the conversation (corroborating witness with contemporaneous notes, or something similar).
Also, standing near the surveillance camera with her on speaker is an option (which has audio recording as well) when I'm talking to her (I'm wondering if that would get around the 2 party consent law as I think I can video record officers legally when they are performing their duties (more research is needed though)).

 

[crofter]

Sadly we have the same rule here, varies by town. I was hassled for parking by the curb in front of an apartment I was renting. Because I was not the owner, apparently they were able to apply that rule. The block had a Neighborhood Watch group and an internet group, so lots of paranoid people with nothing else to do.      ~crofter

 

[dextours]

Full disclosure I  am not an Attorney, this is not legal advice. These statements are simply my political opinion.

You have HANDICAP PLATES? That could be a game changer. Parking restrictions can be different for handicapped tagged vehicles I would research those for that town as well. Could be an exemption in there

 

[Redbearded]

Dextours that was my thinking as well! Though the placard is usually in the truck with me and if I hitch up that may dissuade them from doing anything untoward

 

[maki2]

If you posted that poll to help you figure out how to act in this situation ....well that is not necessarily going to give you advice that will help you.

The way to act is to obey the law while also defusing any potential confrontations. If you need to be there to help someone on a temporary basis and a neighbor for some reason feels very uncomfortable with you vehicle being in their face then keep it out of their face. If you are going to be there for the better part of a month or longer consider putting it in a secure storage yard.

The 72 hour rules can vary so be sure you read the rule carefully. If you are in doubt what it is call the local police department and ask them what the ordinance is. You could even ask to speak to the officers who patrol the block you are on and introduce yourself and give them the license plate and description as well as your contact information. If they know who you are and what you are doing there they won't over react to a whiny neighborhood complainer.

 

[PODebbie]

Well, someone has to be the bad news. I think if your mom has not had help for 4 months, you need to make some changes to your life. If you are going to be taking care of mom, store your trailer. If mom was paying for an aide, or if she is living in an nice area, she may have some money to pay for the storage. It is pretty hard to say that 4 months is temporary.

 

[Redbearded]

Point taken Debbie! I should be out of here by the end of April and back on the road. I was supposed to be out of here at the beginning of January for the RTR. Storage is definitely an option, just not one I would prefer... I'm fine to keep moving the trailer as long as it's legal and not going to put me or mom in jeopardy. We're also looking at possibly putting in a pad to park on (which is a longer-term solution should we need it).

 

[camping bum]

recording a public employee is a First Amendment Right, you also have a right to request a supervisor and any pictures, phone calls, memo that was created is public record

 

[bigskybob]

Avoid the hassle.Put it in storage.

 

[Gr8ful]

I would be proactive & call a city cunil member & explain the situation before something is done so it's on record with someone else & let them know the situation. That's their job & you can have it recorded before it's towed. & things exculate.