Garage Sales and Yard Sales (and permits) in the Cities of Highland, Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Redlands, Yucaipa and unincorporated San Bernardino County

By Michael Reiter, Attorney at Law

People want to know how to get yard sale and garage sale permits in the East Valley, and they find this site because of this article about the City of San Bernardino’s yard sale ordinance.  Therefore, here is a chart to give a basic (but not complete) understanding of the rules and regulations regarding yard sales in the East Valley, here defined as the Cities of Colton, Rialto, San Bernardino, Grand Terrace, Loma Linda, Highland, Redlands, Yucaipa and unincorporated San Bernardino County such as Muscoy, Mentone, Oak Glen, Devore, Arrowhead Suburban Farms, Devore Heights, and Del Rosa.  Per the City Clerk of Loma Linda, there is no yard sale ordinance in the City of Loma Linda as of 10/17/2012.  Note also that homeowners associations (HOAs) probably have additional restrictions (particularly East Highlands Ranch) which you should look into.

City/Unincorporated Permit Required Permit Cost Where? Duration
Colton Yes $2, except charity, nonprofit, religious Finance Department 3 d, 8am-8pm
Grand Terrace Yes (Except Exemptions) $5 Finance Department 3 d, 8am-8pm
Highland Yes $7 Finance Department 3 d, 8am-8pm
Loma Linda N/A N/A N/A N/A
Redlands Yes $2.50 Treasurer 3 d or 2d each over consecutive weekends; 8 am-8pm
Rialto Yes (Except Exemptions) $5.40 Finance Department 3d, daylight
San Bernardino No (anomoly regarding Estate Sales) N/A N/A 3d, daylight
Yucaipa After 1st sale $2.50 (sales 2-4) Front Desk, City Hall 3d, 8am-8 pm
Unincorporated San Bernardino County No (See SBCC section 84.25.030(e) unless exceed standards of 84.10. N/A N/A 3d, 8am-5 pm
City/Unincorporated Frequency Display Signage Exemptions Ordinance Codified At Violation
Colton 1/quarter Not in PROW During, onsite Court sales Ord 1483 (1975); 0-3-1989 (1989) Colton Municipal Code Chapter 5.45 Misdemeanor
Grand Terrace 2/yr Not in PROW 2 onsite, unlit, 4ft area, 5 day limit, not on PROW, trees, fences, utility poles, removed at end Court sales, charitable, nonprofit, religious Ord 35 (1980) Grand Terrace Municipal Code Chapter 5.40 Infraction
Highland 3/12 mo Safety 1 onsite doublesided, 6 ft area, 5′ tall, 24 hours before until end. Court sales Ord 239 (1998) Highland Municipal Code section 5.04.370 Infraction
Loma Linda N/A N/A N/A N/A None N/A N/A
Redlands 3/12 mo Not in PROW, safety, only during sale Court sales Prior Code secs 24001-10; Ord 2684 (2007), 2779 (2012), Redlands Municipal Code Chapter 5.68 Infraction
Rialto 4/calendar yr only first weekend in March, June, September and December Not in PROW, front or side yards 2 onsite, 4ft area, 4directional signs, prohibited in PROW, >864 sq in., with permission of property owner. Nonprofits, Ord 1416 (2008) Rialto Municipal Code Chapter 5.69 Infraction; misdemeanor for <3/yr
San Bernardino 12/yr only on 3rd weekend of mo Not in PROW, safety, only during sale 3 onsite unlit 24 hr prior until end; 4 Directional 2 sq ft  on private property w/consent Estate sales as to frequency nonprofits as to frequency Ord MC-1344 (2011) San Bernardino Municipal Code Chapter 8.14 Infraction/misdemanor (woblette)
Yucaipa 4/12 mo Not in PROW 1 onsite, not in PROW Court sales Ord 102 (1992) Yucaipa Municipal Code Chapter 5.22 Infraction
Unincorporated San Bernardino County 4/yr Not in PROW 2 onsite, 4ft area, 4 directional signs, prohibited in PROW, 864 sq in., w/permission of property owner. None Ord. 411 (2007) San Bernardino County Code  Chapter 84.10 Infraction; misdemeanor for >3/yr

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. BE SURE TO CHECK WITH THE INVOLVED CITIES FOR CURRENT LAW AND FEES.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

What Municipal (Local City and Town) Offices are Up for Election in San Bernardino County in November 6, 2012?

By Michael Reiter, Attorney at Law

In short, it is an election year for everyone except the City of San Bernardino.  Many local cities consolidate their election to either the Presidential election and the Congressional Midterm Elections, because it costs less.

Starting with the High Desert, the City of Adelanto is electing two Council Members; Apple Valley, two Town Council Members; Barstow is electing the Mayor, the City Clerk, City Treasurer, and two City Council Members, Hesperia, two Council Members, Needles is electing two Council Members and the Mayor, Twentynine Palms is electing two Council Members. Rounding out the High Desert is Victorville, electing three Council Members, and Yucca Valley electing two Town Council Members.
In the San Bernardino Mountains, the City of Big Bear Lake is electing two City Council Members

In the Southwest of San Bernardino County, Chino is electing two City Council Members, and Chino Hills, the same number.

In the East-end of San Bernardino, the City of Colton is electing City Council Members in two districts, 3 and 5; the City Clerk and City Treasurer, and the Blue Mountain City, Grand Terrace, is electing three Council Members.  Fontana, which either is the western part of the East Valley, or the Western part of the West-end, is electing two City Council members.  Highland is electing two Council Members, the adjoining City of Redlands has two Council Member seats up for election, and City Clerk and City Treasurer.  Rialto has a mayoral election, City Clerk, City Treasurer, and two Council Member seats.  Lastly, Yucaipa is electing three Council Members.

In the West-end, Montclair is electing two Council Members; Ontario is electing Mayor, City Clerk, City Treasurer, and two Council Members; Rancho Cucamonga, land of Victoria Gardens, is electing its City Clerk, City Treasurer, and two Council Members; Upland, is electing one Council Member, the Mayor and Treasurer.

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.

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

City Attorneys of San Bernardino County Cities and Towns

By Michael Reiter, Attorney at Law

People are searching the Internet for a definitive list of City Attorneys in San Bernardino County and the Inland Empire.   Here is the information, which is current as of today (2/1/2012)  to the best of my knowledge.  Please note that I am not the City Attorney nor the Assistant City Attorney for any of these cities.

City of Adelanto:

 

Todd Litfin

Rutan & Tucker LLP

611 Anton Blvd. #1400

Costa Mesa, CA  92626

 

Town of Apple Valley:

 

John E. Brown

Best Best & Krieger LLP

3500 Porsche Way, Suite 200

Ontario, CA 91764

 

City of Barstow:

 

Teresa Highsmith (Interim City Attorney)

Colantuono & Levin

300 S. Grand Ave. Ste 2700

Los Angeles CA 90071

 

City of Big Bear Lake:

 

Stephen Dietsch

Best Best & Krieger LLP

3500 Porsche Way, Suite 200

Ontario CA 91764

 

City of Chino:

 

Jimmy L. Gutierrez

12616 Central Ave
Chino, CA 91710

 

City of Chino Hills:

 

Mark D. Hensley

Jenkins & Hogin LLP
Manhattan Towers
1230 Rosecrans Ave #110
Manhattan Beach, CA 90266

 

City of Colton:

 

Dean Derleth

Best Best & Krieger LLP
300 S Grand Ave 25th FL
Los Angeles, CA 90071

 

City of Fontana:

 

Clark Alsop

Best Best & Krieger LLP

3500 Porsche Way, Suite 200

Ontario, CA 91764

 

City of Grand Terrace:

 

Richard L. Adams, II

Jones & Mayer

3777 N. Harbor Blvd.

Fullerton CA 92835

 

City of Hesperia:

 

Eric Dunn

Aleshire & Wynder LLP
18881 Von Karman Ave #400
Irvine, CA 92612

 

City of Highland:

 

Craig Steele

Richards Watson & Gershon

355 S. Grand Ave., 40th Floor

Los Angeles, CA 90071-3101

 

City of Loma Linda:

 

Richard E.  Holdaway

Robbins & Holdaway
201 W “F” St
Ontario, CA 91762

 

City of Montclair:

 

Diane E. Robbins

Robbins & Holdaway
201 W “F” St
Ontario, CA 91762

 

City of Needles:

 

John Pinkney

Slovak, Baron & Empey LLP
1800 E. Tahquitz Canyon Way
Palm Springs, California 92262

 

City of Ontario:

 

John E. Brown

Best Best & Krieger LLP

3500 Porsche Way, Suite 200

Ontario, CA 91764

 

City of Rancho Cucamonga:

James L. Markman

Richards Watson & Gershon
P O Box 1059
Brea, CA 92822-1059

 

City of Redlands:

Daniel J. McHugh

P.O. Box 3005

Redlands, CA 92373

 

City of Rialto:

Jimmy L. Gutierrez

12616 Central Ave
Chino, CA 91710

 

City of San Bernardino:

James F. Penman

300 North D Street

Sixth Floor

San Bernardino, CA 92418

 

City of Twentynine Palms:

Patrick Munoz

Rutan & Tucker

P.O. Box 1950

Costa Mesa, CA 92628-9990

 

City of Upland:

William P. Curley III

Richards Watson & Gershon
P O Box 1059
Brea, CA 92822-1059

 

City of Victorville:

Andre de Bortnowsky

Green, de Bortnowsky & Quintanilla

23801 Calabasas Rd. #1015

Calabasas, CA 91302-1595

 

City of Yucaipa:

 

David Snow (Interim City Attorney)

Richards Watson & Gershon

355 S. Grand Ave., 40th Floor

Los Angeles, CA 90071-3101

 

Town of Yucca Valley:

 

Lona Laymon

Aleshire & Wynder LLP
18881 Von Karman Ave #400
Irvine, CA 92612

 

Copyright 2012 Michael Reiter, Attorney at Law

The Administrative Hearing Officer in the City of San Bernardino, California: Origin of the Position And Legal Basis

By Michael Reiter, Attorney at Law

Many cities have Administrative Hearing Officers hear appeals and other due process hearings.  When I was a Deputy City Attorney for the City of San Bernardino, the City already had the process in place.  I helped draft the administrative citation ordinance for the City of Redlands when I was the Assistant City Attorney, and that included an administrative hearing officer.  I have also served as an administrative hearing officer, so I have some insight into the process.

Administrative hearing officers have taken over some of the duties once handled by city councils, planning commissions, or other appointed boards.  This post will explain the legal basis for the administrative hearing officer in the City of San Bernardino.

There are some due process considerations under the United States Constitution, including a line of cases from the 9th Circuit Court of Appeals.  I will discuss those some other time.

If you search the San Bernardino Municipal Code Index, at least the version online, you will find one entry for Hearing Officer under that term: San Bernardino Municipal Code section 8.80.103, in context of  storm water.  You will find one entry for Administrative Hearing Officer:  San Bernardino Municipal Code section 9.93.015.  You will also find other terms, such as Administrative Law Officer: San Bernardino Municipal Code section 9.92.020.  Also, you will find appeal of a hearing officer’s decision at San Bernardino Municipal Code section 6.14.100 (in the context of animal control administrative citations).  You can find the term Hearing Officers under the Chapter related to the Planning Commission and Board of Building Commissioners (referred to as the BBC when I was a Deputy City Attorney): San Bernardino Municipal Code sections  2.17.080 to 2.17.110.

However, when I became a Deputy City Attorney at the City of San Bernardino in 2001, the hearing officer’s powers largely derived from another section: San Bernardino Municipal Code section 8.30.050 Conduct of Hearing.  Enacted in 1991, it states (according to the version available online as of 5/25/2011):

The hearing to determine whether a nuisance exists shall be conducted by the City Administrator or his or her duly authorized representative, who shall act as the hearing officer. At the hearing, the City Administrator or his or her duly authorized representative shall consider all relevant evidence, including, but not limited to, applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the City Administrator or his or her duly authorized representative shall determine whether a nuisance within the meaning of this Chapter exists. The hearing shall not be conducted according to formal rules of evidence or procedure but shall be conducted in a manner generally complying with the Administrative Procedure Act at Government Code Section 11370, et seq.

When I started in February 2001, the Hearing Officer was an attorney with a contract with the City, selected by then-City Administrator Fred Wilson.  Along the way, the City Charter was amended by popular vote creating a City Manager, in a hybrid Strong Mayor/City Manager form of government.   Apparently, this code section was not cleaned up to amend it to read City Administrator.

In January 2002, Title 6 (concerning animals) was amended completely.  That included a provision allowing administrative citations (as opposed to field citations / notices to appear in San Bernardino Superior Court).  San Bernardino Municipal Code section 6.14.080(B):

Hearing Officer. The Mayor shall designate the Hearing Officer for the administrative citation hearing.

In September 2003, administrative citations were introduced for other parts of the San Bernardino Municipal Code (specifically Title (though the codified version says Chapter)  5, 8, 9 or 19 of the San Bernardino Municipal Code.  San Bernardino Municipal Code section 9.92.030.  However, the definition of Administrative Law Officer later changed to its current version in section 9.92.030:

9.92.020 Administrative Law Officer.  The position of Administrative Law Officer is hereby created. The appointment, qualifications, disqualification, and powers of the Administrative Law Officer shall be the same as those provided for the Administrative Hearing Officer as stated in San Bernardino Municipal Code Chapter 9.93.

Administrative Civil Penalties were added in 2008, and section 9.92.020 was amended.  The Administrative Civil Penalties Ordinance, found in Chapter 9.93 of the San Bernardino Municipal Code has this to say about the Administrative Hearing Officer:

Appointment and Qualifications of Administrative Hearing Officer. An Administrative Hearing Officer(s) shall be appointed by the Mayor and Common Council. The term of the Administrative Hearing Officer(s) shall be three (3) years. The number of Administrative Hearing Officer positions and compensation shall be approved by the Mayor and Common Council. The employment, performance evaluation, compensation and benefits of the Administrative Hearing Officer shall not be directly or indirectly conditioned upon the amount of Administrative Civil Penalties or Administrative Costs upheld, awarded, imposed, or assessed by the Administrative Hearing Officer. The Administrative Hearing Officer(s) shall be an attorney admitted and eligible to practice law in the State of California in accordance with State law, or a judge retired from the California court system, or a commissioner retired from the California court system.  San Bernardino Municipal Code section 9.93.090.

In practice, the same person (or more accurately, classes of people) conducts the nuisance hearings described in Chapter 8.30, the Animal Control administrative citation appeals in Chapter 6.14, the administrative citation appeals in Chapter 9.92, and the administrative civil penalty appeals in Chapter 9.93.  Therefore, the “appointment” process described in San Bernardino Municipal Code section 9.93.090 is used for all four kinds of hearings.

There are other administrative hearings associated with the City of San Bernardino (parking ticket appeals, seizures of transient merchant merchandise) that are not handled by the administrative hearing officer and appear elsewhere in the San Bernardino Municipal Code.

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.
A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

California Public Records Act, How and Where to Make a Request in San Bernardino County and Riverside County

By Michael Reiter, Attorney at Law

The California Public Records Act is an invaluable tool for individuals, traditional and new media,  public interest groups, non-profits, business entities, and even lawyers and political groups to find out what local government is doing.  This first post has to do with a very brief overview of the Act, and how to make a Public Records Act request.  Private Attorneys especially do not use the Act efficiently, much to the delight of City Attorneys and much to the detriment of their clients.

I have handled Public Records Act Requests on behalf of local agencies, and I have made Public Records Act Requests to local agencies, so I have a good perspective about how the Act is handled on both sides of the counter.  Having an attorney knowledgeable about the California Public Records Act is important if a client is involved in a case against a City, County, or other local government agency.

The Public Records Act is found in the California Government Code.  A Requester can find the California Government Code here.  The version found here is unannotated.  If a Requester wants to see an annotated code, it can be found at most public libraries and law libraries.  The annotated version gives case law and secondary source references.  The Act is codified at Government Code, Title 1 “General”, Division 7 “Miscellaneous,” Chapter 3.5 “Inspection of Public Records”, Article 1, “General Provisions” and Article 2 “Other Exemptions From Disclosure.”   If a Requester is searching manually, the Act is found in Government Code section 6250 et seq.  [“Et seq.” is legal jargon from the Latin “et sequentia” meaning “and following.”  It is shorthand to tell a court, or others, the general location of an some amount of primary or secondary law.]

The California Legislature, in enacting the Act, found and declared  “that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in” California.  Government Code section 6250.

While, there are generally two rights, to inspect and/or copy public records, this post will focus on how to make the request.

How and When to make a request to a local government agency in San Bernardino County and Riverside County:

The Act requires that records not subject to an exemption are to be made available “upon a request”  Government Code section 6253(b).  The Court of Appeal for the Second District of California found that the “California Public Records Act plainly does not require a written request.”  Los Angeles Times v. Alameda Corridor Transp. Authority (2001) 88 Cal.App. 4th 1381, 1392.

What does this mean, practically?  A Requester can ask the local government agency in person, or over the phone, to inspect or copy records.  However, the practical thing to do is to put it in writing so that there is a record of the request.  Local governments are collections of individuals, and if the individual employed by the government does not understand the request, or does not write the request down correctly, a Requester may not get to inspect the records in a timely fashion.  A Requester’s best practice is to put the Public Record Act request in writing and date it.  A Requester does not have to use a form provided by the local government agency, but sometimes it is easier to use their form.

Where and to whom should the Request be made?  Though the Act does not specify, local government agencies in Riverside and San Bernardino County usually have Departments that are responsible for responding to routine requests, such as for copies of ordinances or minutes.   In an incorporated city or town, the Requester can usually request the documents from the City Clerk, and it should be routed within the City to the right department if it is not the City Clerk .  In cities with in-house City Attorney’s Offices, such as the City of San Bernardino and the City of Riverside, a Requester can request the documents from the City Attorney.  Likewise, it will be routed to the correct department.

However, the best practice is to request from the specific department that has the records.  If the Requester is ling with a specific department, such as Planning or Code Enforcement, the Requester can make the request directly to the department who is likely to handle the request.  If the Requester is asking for records from different departments, the Requester might want to make the request to the City Manager or City Administrator.  A Requester should feel free to ask someone in the particular city, town or county.  Most local government entities understand their responsibilities under the Act, and want to help the public.  Some do not.

A later discussion with examine how to make a reasonably described record request.

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.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708