serviam spotlight

Find our legal alerts, news releases, case updates, community tips, and more.

Fremont Case Update—Building Violation Enforcement

Fremont Case Update—Building Violation Enforcement

Building code violation enforcement requires that violators be given the right to appeal.  Most jurisdictions do so through administrative hearings before a Hearing Officer.  However, a recent ruling by the Court of Appeal specified that those hearings must be done in accordance with the California Building Code (“CBC”), invalidating any municipal codes to the contrary.  The CBC requires that the appeal be heard by the Housing Appeals Board, the Local Appeals Board, or the Governing Body (City Council or Board of Supervisors).  An administrative hearing officer, appointed by the City, does not comply. Local agencies are advised to align their municipal codes with state provisions to ensure compliance.  Serviam’s attorneys offer guidance on regulatory compliance and administrative appeals.  Contact Serviam Managing Partner Curtis Wright for assistance. Curtis Wright is an expert in municipal and nuisance abatement law, and he is the Managing Partner of Serviam BY Wright LLP (“Serviam”).  Curtis may be contacted about this update at Wright@Serviam.Law. Disclaimer: Serviam case updates are not legal advice.  Additional facts or future developments may affect the subject of this...

AB 436—Ending the ban on cruising and lowriders

AB 436—Ending the ban on cruising and lowriders

Legal Update:  AB 436—local jurisdictions may no longer ban lowriding vehicles nor cruising. A bill legalizing lowrider cruising throughout California was signed into law by Governor Gavin Newsom effective January 1, 2024.  Prior to 2024, the California Vehicle Code authorized local authorities to adopt rules and regulations by ordinance or resolution banning and prohibiting the use of cruising or lowriding vehicles.  Local authorities were able to stop and penalize drivers from operating modified vehicles, under 6,000 pounds, that are low to the ground and often feature hydraulic suspension systems that allow drivers to make the car bounce.  Assembly Bill 436 has repealed this authorization and lifts the restrictions on lowriding cruising statewide. However, AB 436 does not prohibit cities and counties from regulating against nuisances and illegal activity abuses that may accompany otherwise lawful lowriding and cruising activities.  Local jurisdictions must revise their municipal codes to remove outright bans on lowriding and cruising, but should also consider whether new regulations are needed to prevent abuses of these protected activities.  Contact...

about Serviam by Wright LLP

Located in Irvine, California, Serviam by Wright LLP is a leading law firm specializing in nuisance abatement, code enforcement, receiverships, municipal prosecution, liability defense, municipal services, court receiver, and hearing officer services.  Visit Serviam.Law for further information.