Agenda - Planning Commission - 04/07/2005

Home

~52 Page 6 --March 10, 2005 z,g, trailer on the edge of its property with the company logo, company name, nature of the business, and available products written on both sides. The trailer was parked less than 25 feet from the street. The zoning administrator informed Snee that the trailer was within the re- quired setback. He also informed Snee that the trailer violated zoning laws because its "primary purpose" was to display the signage on its sides. During the same time period, the zoning administrator also cited a pool and spa business for parking a trailer on its property for the primary purpose of advertising. Ultimately, the zoning board of appeals approved a cease and desist order against Snee's use of the trailer. Snee sued, and the court ruled in favor of the board. Snee appealed, arguing the board had engaged in selective enforcement because it allowed other businesses to have signage on their trailers. ' DECISION:Affirmed. There was no evidence of selective enforcement. The record clearly showed action was taken relative to'other businesses. Keeping in mind the "primary purpose" language of the zoning ordinance, the township contacted, for example, a pool and spa business as to utilization of a trailer for advertising. Consequently, it did not matter that the board allowed other vehicles'with advertising that were also used for other business purposes. To establish selective enforcem&nt, Snee had to overcome the strong pre- sumption that governmental persons had discharged their authorized duties properly. To do so, more evidence was required. Here, the court determined that an appropriate attempt was made to enforce the prohibition against the primary use of vehicles f6r advertising. see also: Pullin v. City of Canton, 133 ESupp. 2d 1045 (2001). Ordinance-- Landlords have to evict drug criminals within 10 days If eviction unsuccessful, landiord faces fines and liens Citation: Cook v. City of Buena Park, Court of Appeal of California, 4th App. Dist., Div. 3, No. G031326 (2005) CALIFORNIA (01/28/05) -- Cook rented an apartment to Bicksler. Three years later, police cited Bicksler's roommate for drug possession. Cook then received a letter from the chief of police notifying him of the citation. The ordinance provided that landlords "shall not cause or knowingly per- mit: A) Any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime, or in such manner as to constitute a drug-related nuisance; or B) Any tenant to use or occupy the premises under the landlord's control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime, or drug-related nuisance on the premises." The city ordinance, which was aimed at narcotics and gang-related © 2005 Quinlan Publishin9 Group. Any reproduction is prohibited. For more information please call (617) 542.0048.