ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED
California Law prohibits Cities and Counties from enforcing City or County
Codes and Ordinances upon property that is not OWNED by the City or County even if the property is
within City limits.
California Penal Code: Chapter 5b CITATIONS FOR VIOLATIONS OF COUNTY, CITY,
OR CITY AND COUNTY ORDINANCES Sections 853.1through 853.4 was repealed in
The Supreme Court ruled that Municipalities cannot exert any acts of ownership
and control over property that is not OWNED by them, see Palazzolo
v. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S.Ct. ___(2001) (no expiration
date on the taking clause for City's illegal enforcement of its Codes on the
man's private property and restricting the man's business), affirming both
Lucas v South Carolina Coastal Council, 505 US 1003, 120 L.Ed.
2d 798 (1992).(butterfly activists and Code
Enforcement cannot restrict development of the man's private swampland unless
they lawfully acquire the land FIRST, surveying with binoculars constitutes a
and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143 L.Ed.
2d 882 S.Ct.____ (1998).
In the Monterey case, the California private property owner was awarded $8
million for Code Enforcement's illegal trespass and restriction of his
business, and another $1.45 million for the aggravation of a forced sale.
Federal Law also prohibits Cities and Counties from issuing citations against
businesses, see Title 18 U.S.C.891-896, quoting Section 891 "An extortionate means is any
means which involves the use, or an express or implicit threat of use, of
violence or other criminal means to cause harm to the person, reputation, or
Black's Law Dictionary 5 th
Edition (page 1140): Recaption. At Common Law, a retaking or taking back. A species of remedy by the
mere act of the party injured (otherwise termed "reprisal"), which
happens when anyone has deprived another of his property in goods or chattels
personal, or wrongfully detains one's wife, child, or servant. In this case, the owner of the goods, and the
husband, parent, or master may lawfully claim and retake them, wherever he
happens to find them, so it be not in a riotous
manner, or attended with a breach of the peace.