Dispute on City Municiple Code Enforcement

[CaliforniaRes]

Hi,
We are getting a warning (it's in the mail) because of our front yard. Someone complained. We have weeds and some other shrubs in the front yard right now. The weeds are trimmed properly. Here is the specific code:
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17.72.530 Single Family Dwelling Landscaping Requirements
A. A single family dwelling subject to a development permit shall be landscaped in accordance with the requirements of the development permit.
B. Subject to the paved surface limitations set forth in Section 20.30.440 of this Code, a single family dwelling, not subject to a development permit, shall have landscaping installed in the nonpaved portions of the front and side yards that are visible from any street. For purpose of this subsection only, "landscaping" means live trees, shrubs, lawns, other live plant materials or Decorative Landscaping, have been installed.
C. If only Decorative Landscaping is used to meet the requirements of this Section, Weed Block shall also be used.
D. Failure to meet the landscaping requirements of this Section constitutes property blight.
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I talked to the person at the city(San Jose, CA) code enforcement today. She said our lawn need to green with live plants and not show dirt, or we could have weed blocker and put tanbark on top. What if I want to have my lawn decorated with weeds? Yes, weeds are seasonal and they don't look too good now. I don't see any thing in the code about showing dirt or the plants have to be living all year or they can't be weeds(they are living plants, aren't they?). My question is, can I sue the city for unfair treatment? Can a judge make the city retract the warning/fine if he/she sides with me? I think the city is favoring the party that complained. If I don't fix the yard in 60 days, they will give fines the increase every 10 days. If I go to court, and lose, would I still pay the fines assuming that will last longer than the 60 days? what would be the most likely outcome if I go to court? Also, I'm sure there are other houses that are not 'up to the code' in the city. Is it relevent?
Thank you so much in advance!

 

[CdwJava]

My question is, can I sue the city for unfair treatment?

You can try to sue anyone for anything ... the real question is whether or not you can prevail. Chances are, no, but unless you speak with an attorney who has intimate knowledge of San Jose's codes, you don't know. However, on the face of it, I'd say you don't have a suit. And if you have the money to pay for an attorney, I'd suggest you have the money to minimally landscape the yard (and the landscaping would probably be cheaper).

Can a judge make the city retract the warning/fine if he/she sides with me?

Sure. How much money do you have to spend on attorneys?

I think the city is favoring the party that complained.

A complaining party merely points out the violation ... the city then decides to act upon it. They're not really "siding" with anyone as the complaining party is not relevant to the violation.

If I don't fix the yard in 60 days, they will give fines the increase every 10 days. If I go to court, and lose, would I still pay the fines assuming that will last longer than the 60 days?

Almost certainly. But, the court might decide to issue an injunction against the city preventing them from accruing penalties while you are in litigation.

what would be the most likely outcome if I go to court?

My guess? You'll pay about $2,500 in attorney's fees and then have to landscape your yard.

Also, I'm sure there are other houses that are not 'up to the code' in the city. Is it relevent?

The fact that there are other violators is not relevant.

Your only hope of prevailing might be that the section is overly broad and fails to provide any real definition of what a landscaped property is. However, from what you posted, I think it will be pretty clear with a couple of photos whether or not your yard meets that definition.

If you have the money, and just want to tweak the city and your neighbors, take them to court. But, if you want to avoid risking a small fortune, perhaps you should just turn the yard, lay down some topsoil and seed, then water the yard. It should be a lot cheaper.

Do you REALLY intend to go into court and contend that you are growing weeds?! Yes, the judge will be amused at the size of your brass cajones, but the claim will likely fail.

- Carl

 

[CaliforniaRes]

Hey Carl,
Thank you very much for your kind reply. You are right, I should get over my negative emotions and pick a different battle to fight...
Nice forum by the way.