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How to appeal a notice to abate public nuisance and did the sheriff dept. abuse their use of power?

Hanford, CA |

i am disabled and couldn't get out of bed to open the door to the sheriff department. Since i didn't open the door (and i still don't know why they came) they brought an inspector out to my property the next day. I then was issued a notice to abate public nuisance. How do i appeal this notice. I have a no trespassing signed posted and live in the country. are they allowed to disregard my no trespassing sign and retaliate by bring out the inspector?
When the sheriff came the first time they threatened to have the inspector come out if i didn't open the door. No they never entered my house. The sheriffs and inspector trespassed on my property and walked around the premises. I have a couple acres. They had no right to go pass the no trespassing sign without a warrant isn't that correct

Attorney Answers 2

Posted

You do not state anything about what the nuisance is that you're being charged with, so the nuisance claim and the appeal of it is impossible to assess. "No Trespass" signs do not apply to law enforcement and government agents--you are not being arrested--what would they need a warrant for? You can not tell a law enforcement officer such as the sheriff and a government agent that they can not carry out their duties because you have a "no trespassers" sign. If whatever is on your property is that bad (it's a high level to meet to be designated a "public nuisance") then the inspector, as the agent of the govt whose job it is to enforce those codes, and the sheriff whose job it is to enforce the law in your county, can come on your property. If you could keep law enforcement out by putting a "no trespass" sign, then every drug dealer running a drug den would put a "no trespass" sign up. It just doesn't work that way.

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Posted

Abate the problem... If you don't abate this, it will only get worse and cost more money...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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