Legal Question in Civil Litigation in California

City Ordinance Enforcement

My neighbor is in violation of a city ordinance regarding running a commercial business in a residential district.

He is harassing me and my family, caused damage to my property as a result of my filing a complaint with the city. The city refuses to enforce the city ordinance.

Do I have any civil recourse and is the city negligent? Can I seek damages against the city for their lack of action? If so, how do I go about filing this civil tort?

Thank you.


Asked on 10/19/06, 11:27 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: City Ordinance Enforcement

As a general rule, the city will be immune from this type of action. However, you have a number of options.

First, you should go to the City Council and demand that they take action. It sounds like you have been dealing with code enforcement officials. Rattle the cages of a supervisor or bring the matter before the City Council to get the code enforcement officials to do their job.

Second, document the harassment and file for a civil harassment restraining order. You should not have to tolerate harassment just because you exercised your right to file a complaint.

Third, you can file a legal action against your neighbor for an injunction to prohibit the violation as well as for any monetary damages you have incurred. This type of lawsuit is often filed by condominium association and an owner is violating the CC&Rs. A court order will often compel compliance with the ordinance that the city is failing to enforce.

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Answered on 10/27/06, 2:23 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: City Ordinance Enforcement

Perhaps you can go after the city, strict claim statutes require the claim filed within 6 months. You may civily stop a nuisance and sue for damages. Call me diretly at 16192223504.

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Answered on 10/27/06, 2:24 pm


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