What is a San Bernardino County Code Enforcement Attorney and a Riverside County Code Enforcement Attorney?
April 10, 2011 3 Comments
By Michael Reiter, Attorney at Law
I have been involved in Code Enforcement for a long time now. My first exposure was when I was working for the City of Santa Clara during law school at Santa Clara University School of Law. Most of the code enforcement at that time was done by a Deputy City Attorney and involved drinking in public by Santa Clara University students. Drinking in public is a common infraction or misdemeanor prohibited by cities’ municipal codes. One of the reasons behind this is because it is not preempted by the State of California’s prohibition of being drunk in public. Police officers can cite people with open containers of alcohol seen drinking alcohol or presumed to be drinking alcohol without proving that they were intoxicated. However, generally, the term “Code Enforcement” means property maintenance.
My next brush with code enforcement came as an attorney for Legal Aid Society of San Bernardino. A common defense for an unlawful detainer defendant is a lack of habitability. Often, the tenant would complain to a code enforcement agency about the interior conditions of their house or apartment. However, sometimes this could have disastrous results. Either the tenant would complain about the conditions and it would have no effect on the unlawful detainer action, the tenant would get cited into court by the code enforcement agency for the problem, or in the absolute worst-case scenario, the conditions were so bad at the apartment or house that the code enforcement agency red tagged the unit, making the tenant homeless.
When I became a Deputy City Attorney for the City of San Bernardino in February 2001, my role changed from observer of code enforcement to assisting Code Enforcement. I became a City Prosecutor, prosecuting violations of the San Bernardino Municipal Code in San Bernardino Superior Court, along with other Deputy City Attorneys. I also co-advised the City of San Bernardino’s Code Enforcement Department (which previously was a Division, and would later become a Division again). When I was Assistant City Attorney for the City of Redlands, I served a similar function, including prosecuting violations of the Redlands Municipal Code, advising staff at administrative hearings, and drafting code enforcement ordinances.
What does being a Code Enforcement Attorney mean in San Bernardino County and Riverside County? In incorporated cities and towns in San Bernardino County and Riverside County, that means prosecuting violation of city or town ordinances, usually codified in the Municipal Code, or prosecuting violations of County ordinances codified in the San Bernardino County Code or the Riverside County Code. It also means drafting new ordinances. Some of these ordinances are new code enforcement tools, new prohibitions, or modifying existing ordinances to allow certain behavior or prohibit certain behavior. Being a Code Enforcement Attorney also means representing staff in front of administrative hearing officers, both in post deprivation due process hearings, administrative citation hearings or administrative civil penalty hearings. Code Enforcement Attorneys also review administrative warrant applications, review criminal citations for filing with the court, review proposed hearing orders, and other similar tasks. Some of those tasks include training code enforcement officers about the law, including constitutional protections regarding inspections of private property. Code Enforcement Attorneys help agencies respond to California Public Records Act requests. Code Enforcement Attorneys also help defend cities and code enforcement officers from collateral attacks on the process, including quiet title actions to nullify code enforcement liens, requests for injunctions to stop code enforcement actions, and allegations of Federal Civil Rights violations pursuant to 42 United States Code section 1983. Code Enforcement Attorneys also can file civil abatement actions, including nuisance actions, and receivership actions under the California Health and Safety Code. In Redlands and San Bernardino, I was involved in all of those functions.
However, in addition to public Code Enforcement Attorneys, a Code Enforcement Attorney can protect the rights of the public. As a private attorney, I have helped clients that are faced with demands from overly-aggressive code enforcement agencies. When picking an attorney to help you on a code enforcement matter, it helps to find one that has experience on the other side, prosecuting violations of municipal codes. Find someone with experience with the Public Records Act, because that’s an important tool in defending against a code enforcement action. Find someone who is familiar with the political systems in play in the relevant entity, and who can give you realistic advice about your options.
Copyright 2011 Michael Reiter, Attorney at Law
The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.
About Michael Reiter, Attorney at Law
Michael Reiter, Municipal Attorney. Partner with Cole Huber, LLP in Ontario, Roseville California 
I have to ask, why doesn’t code enforcemt stop at apartment buildings and knock on several doorswith in the complex to see if they have problems or if the landloed is repairing the things that needs repaired to meet living conditions, thus freeing up the court system, stopping people from being evicted for complaing, forcing the landlords to make repairs, stop destroying peoples credit because landlords refuse to make repairs, also stop people from being ivicted and becomming homeless, and also it would create jobs, and create revenue for the city in fines from non compliance landlords?
Mr. Buttles:
It depends on the Code Enforcement agency. Some go looking for trouble; trouble looks for some. Some cities have housing inspection program to do just what you are looking for. However, some cities with the program have too much substandard housing stock, and too little in the form of resources to make a dent in slum housing. Everyone should also be cautious in looking for revenue beyond cost neutrality from code enforcement. Cities that look for such revenue are using the police power in a way that was not intended. Fines are for punishment, not revenue.
Arrrowhead 100% has changed its enforcement. they use to start the inspections end of June. Which gave owners 30 days past the date it was to be done by. Except most of the weeks in 80% of the years are still green and growing. You would get the letter a month after written and then it gave you another month. So clearly they knew it took a month to process the first violation. I always received a letter for a home by Crown and Nadelhorn. I always received a letter, but there was an empty lot next door so I assumed they were being careful and did not know exact lot lines. Mine always done before July 4th. My house burned down in the 2007 Wildfire. Swear before 2018 they never inspected the area. We ended up with no trees odd as hardly any burned but most lots had a few weeds. Before we just had to clean up pine needles. Some homes had huge wild bushes 5 feet into the street. Then suddenly 2018 I get a letter for my lot next to my back yard. But the picture is the lot of the home on the other side and tons of weeds, very tall. We only have weeds where a water trail exists. Then I get one for my house but it is the lot on the other side. Nothing on my lot or house. Few years later I notice I got charged for my neighbors lot. I call and say my lot is not even in the picture you have the lot on the other side of my house. Instead of going to look anything up. She asks if I have the violation. I said not with me I was just checking online my bill. But I clearly remember the photo. She says well we can come out and make another inspection. However if we do and we find that your lot is in violation we will not reverse the charge and you will be given an administrative charge for the inspection. Having zero trust of the County I said I will call back when I have the letter and photo in my hand. I am not concerned that I do not have photos and cancelled checks to prove when mine was done. Also that it is not remotely near the photo enclosed. But When I have it I will call. Gets worse, I have been written up for the lot on the other side of me every single year since 2017. 2018 my lot was written up again from a home a few lots down. You could not see my lot but the Vegetation on the home before my lot. Shocked do they come out with zero maps nothing with them. This time I called wanted to meet the inspector out here. We went over the violations and she did based on the pictures. Sure enough the huge 40 feet down the slope next to my house and 15 week wide and now the weeds all trees. Any wind and they drupe. Yep in my first picture. As nothing else wrong in the picture of course a home with all of this right up to the lot line would be brought up. Two weeks later another letter same exact pictures/ Made zero since, second violation letter is always identical to the first. I get a call and he will call in a week or so. right after that a white letter from the County with a list of other homes, not one in my area but lots of places with weeds. Looked like a hearing. shocked this was maybe early August. My first letter was mid June. Letter written day before I came up. the guy finally comes. I said how in the world do I have this huge probably fire all the way down one side of my home. The only side FYI without fire sprinklers. No trees structures nothing around to help a fire. Except this huge weed field I am tired of cutting back. I even called the fire department filed a complaint. While on the phone they look at the area on something. Probably Google Earth. Yep he could see it. Nothing has ever been done. The inspector says he wrote up that home in the first inspection. He looked at the report, said he did not do the second inspection but it says done. Then I said why again and again am I written up for the lot on the other side. He said I did not write it up on the first inspection. Then I said why is it the second letter has the same picture everything as the first all the time. I do not have one thing not done and I am sick of this.I assumed meeting with you we could go over the lot lines. He said we have a map. He said the second picture should he different and done the date of the inspection. I said never ever any change and work always done. You have moved up this area for some reason and are doing your inspections days after the due date. I said that makes no sense. That is 5 months before October, when really dry and dead. I said that is the weekend the hill has the yard sales. Do you all want people driving around when all that is going on. He said it is just a first letter it does not mean anything. A first letter that is not taking a month to get to me. Then I end up getting the second letter, mid July. The works were normally done but per the letter and same picture as first nothing has been done. So if there is an area missed I am missing it also. What is the point sending a letter. He had no answers how things were changed after the first inspection. Was shocked when I went in the house and got him a copy of my second letter with the original pictures. He says he will look into it and get back to me. Nothing but I get a fine, not just my house but my lot where I showed him is not anywhere in the picture sent, This year I could not get there, hired a guy off Rim.Normally a bad thing. He was coming mid July. but noticed they always ask if you got your letter. I said I am not hope but positive I have a letter. I said it has to be done by the end of July. end Of July and not done, then he gives my info to somebody else. That person does not show. Then the first guy comes out to do then says it is a lot. Of course it gets worse every month. But only one area gets picked up. He says does not have the time. Then I get a call from the second guy who was already to have had it done. Then i get a third call from a company with a crew and of course twice what i have always paid. Did it myself in 2017. I find another guy. he was great sent pictures came back did some. All done by Sept 15. No I am going to get nailed. I called right after to say it is done. I do not know about any letters but sure sent. Mail on forwarding. He said can you send photos. I said sure but will have to be the guys.It was done after I left mid August. He said to go ahead and send but that i was still going to get a fine. My bank sent me a copy of a document that put a 1000 dollar fine and was now a lien on my property. Is that the newest thing Everybody has fines around Labor day based on the second letter and it is not added to taxes it is a lien on my property. Worse 1000.00. I did not get anything from the county i got it from my bank. That was with them knowing it was done. I gather the appeal process must be different with a lien. The lien says they sent out a violation letter Aug 25, 2022 and work was to be done by Sept 5 or 6. So the first letter was sent August 25 and the inspection was done. I swear they made all of that up. The second inspection would have been Sept 25. But all those guys that were to do it while i was there mid July. Now i know why they ask if you got your first letter first.Neighbors sure not touched. I get mice, worse in 2017 a snake came in the same way. Lucky i had a big glue stip next to the fireplace few feet from my bed. For spiders. It caught the snake, it got its head stuck on the glue board.Now the forest next door has a few fruit trees growing.
This is all about money not compliance. You were right on with the year. I drive around and take pictures of lots and homes right by me since 2015. Sorry I just received the lien the other day. The Bank put a note with it for me to do my weed abatement.. Question LA County sends you a copy of anything placed on your property. Makes sense, they started about fifteen-twenty years ago. How did something get filed against my home and i have no idea.