1845 W. Orangewood Avenue
Suite 310
Orange, CA 92868

Ask Mike
The information contained in the ASK MIKE column is provided for general information purposes only and is not intended to be a legal opinion nor legal advice nor is it intended to be a complete discussion of all issued related to the law. No attorney client relationship shall be deemed  to arise hereunder. Every individual's factual situation is different and you should seek independent legal advice regarding specific situations. All information contained within pertains only to California law unless otherwise noted.

Nuisances

Question 1


Question #1

Question:


A residential care home for the elderly is planned for my neighborhood.  I'm concerned about traffic impacts.  Do city laws or zoning codes cover this situation?

Answer:

There's not much a city can do about a residential care home proposed for a residential area.  That's considered an appropriate fit.  In addition, state laws regulate these kinds of operations and override city zoning laws, leaving local government officials' hands tied.

If a residential care home, halfway house or recovery house opens in your neighborhood and causes problems with traffic, noise or crime, you can take the owner to court.  In fact, all of the surrounding neighbors can file individual small claims court actions, an inexpensive way to address a problem property that is detrimental to the neighborhood.

If enough neighbors file these actions, the property owner could find himself or herself with substantial liability even though damages in each individual case are limited to $5,000.  This technique has been used effectively in several instances where landlords rented to undesirable tenants who created a nuisance in the neighborhood.

Before such a home actually is open and operating, however, your options are few.

question date: 2-3-98 Top of Page
Ask Mike Section
Ask a Question

Deeds
Mortgages
Easements
Collections
Homesteads
Foreclosures
Judgment Liens
Landlord/Tenant
Creditors' Rights
Homeowners Associations
Purchase and Sale Agreements
Adjoining Property Owners
Community Property
Decedent's Estates
Transferring Title
Eminent Domain
Property Taxes
Deeds of Trust
Holding Title
Contractors
Nuisances
Escrow